Introduction

 

This contractual document shall govern the General Terms and Conditions for contracting products or services (hereinafter,

"Conditions") through the website porsyinternacional.es, property of DISTRIBUCIONES DE ÓPTICA MGB, S.A., hereinafter, PROVIDER, whose contact information is also included in the Legal Notice of this Web.

These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER: Has read, understands and comprehends what is set forth herein.

Is a person with sufficient capacity to contract. Assumes all obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

 

Identity of the contracting parties

 

On the one hand, the PROVIDER of the products or services contracted by the USER is DISTRIBUCIONES DE ÓPTICA MGB, S.A., with registered office at PLAZA V CENTENARIO, 7 - 1º IZDA. 47008 VALLADOLID (Valladolid), NIF A47391131 and with customer/USER service telephone number 658807381.

And on the other hand, the USER, registered on the website by means of a username and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

 

Object of the contract

 

The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.

The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.

 

Contracting procedure

 

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Sending of
3. Right of withdrawal
4. Claims
5. Force majeure
6. Competition
7. General information about the offer
8. Price and term of validity of the offer
9. Purchasing process
10. Applicable warranties
11. Warranties and returns
12. Applicable law and jurisdiction.

 

1. GENERAL CONTRACTING CLAUSES

 

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

 

2. SHIPMENT OF ORDERS

 

Shipments of goods will usually be made by MESSAGE EXPRESS according to the destination freely designated by the USER.

Failure to execute the contract remotely

Delivery dates or deadlines shall be understood to be approximate, the delay not constituting an essential breach. In the event that the PROVIDER has not delivered the goods, 30 days after the agreed delivery date, due to unavailability of the product or service, the USER shall be informed and shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In case of unjustified delay on the part of the PROVIDER with respect to the reimbursement of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for damages suffered in excess of such amount.

The delivery time is usually between 2 and 5 working days, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.

The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.

Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.

It is the USER's responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.

In the event that the contracting does not involve the physical delivery of any product, but an activation of some services, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download.

 

3. RIGHT OF WITHDRAWAL

 

The USER has the same rights and deadlines to proceed with the return and/or claim the possible vices or defects of the product or service, both online and offline.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return the product (article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the costs relating to shipping will be borne by the USER. The product must be returned in its original packaging and in perfect condition and, in case of provision of a service, from the same day of activation and / or download of the same.

The right of withdrawal shall not apply in the following cases:

 

1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
3. When the product is unopened and it cannot be proven that it has not been used.
4. In software applications that are directly downloaded through the portal or unsealed by the USER after physical delivery.
5. When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in Article 103 of Law 3/2014, of March 27.
6. In the supply of products whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period.
7. In the supply of products made according to the USER's specifications or clearly personalized.

8. In the supply of products that may deteriorate or expire quickly.

 

All returns must be communicated to the PROVIDER by e-mail to info@porsyinternacional.es, indicating the corresponding invoice or order number.

Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number on the delivery letter, with the transport costs at his/her expense, to the address of DISTRIBUCIONES DE ÓPTICA MGB, S.A., PLAZA V CENTENARIO, 7 - 1º IZDA. 47008 VALLADOLID (Valladolid).

 

4. CLAIMS

 

Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: DISTRIBUCIONES DE ÓPTICA MGB, S.A., PLAZA V CENTENARIO, 7 - 1º IZDA. 47008 VALLADOLID (Valladolid)

Telephone: 658807381

Mail: info@porsyinternacional .es,

Online Dispute Resolution (Online Dispute Resolution)

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

 

5. FORCE MAJEURE

 

The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.

 

6. COMPETENCY

 

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, to know and to accept the present Conditions in all their extension.

 

7. GENERAL INFORMATION ABOUT THE OFFER

 

All sales and deliveries made by the PROVIDER shall be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of DISTRIBUCIONES DE ÓPTICA MGB, S.A. or to what is stipulated herein, will have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.

 

8. PRICE AND TERM OF VALIDITY OF THE OFFER

 

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the cost of shipping, handling, packaging, insurance or any other additional services and annexes to the product or service purchased.

The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order is placed, prices will be maintained whether products are available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the USER.

For any information regarding the order, the USER may contact the PROVIDER's customer service telephone number 658807381 or via e-mail at caceres@porsyinternacional.es.

 

9. PURCHASING PROCESS

 

Basket (budget simulation)

Any product from our catalog can be added to the cart. In this one, only the articles, the quantity, the price and the total amount will be observed. The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the shopping cart you can place an order by following the steps below for its correct formalization.

1. - Verification of invoicing data.
2. - Verification of the shipping address.
3. - Place the order (buy).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming the completion of the order.

Orders (purchase requests)

Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.

 

10. APPLICABLE WARRANTIES

 

All products offered through the website are completely original, unless otherwise stated in their description. All have a warranty period of two years, according to the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

 

11. WARRANTIES AND RETURNS

 

The guarantee of the products offered will respond to the following articles based on Law 23/2003, of July 10, 2003, on Guarantees for the sale of consumer goods:

I) Conformity of the products with the contract

 

1. In the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they meet all of the requirements set forth below, unless the circumstances of the case make any of them inapplicable:

 

• • They conform to the description and qualities stated by DISTRIBUCIONES DE ÓPTICA MGB, S.A..

• • Are suitable for the uses to which the products of the same are ordinarily put

• • Are suitable for any special use required by the customer when the customer has informed DISTRIBUCIONES DE ÓPTICA MGB, A. at the time of the conclusion of the contract, provided that the customer has admitted that the product is suitable for this use.

• • Present the usual quality and performance of a product of the same type that the customer may reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by DISTRIBUCIONES DE ÓPTICA MGB, A..

1. • DISTRIBUCIONES DE ÓPTICA MGB, S.A. describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products, so it is not bound by these public statements.

 

2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the purchase contract and has been carried out by DISTRIBUCIONES DE ÓPTICA MGB, S.A. or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.

 

3. No liability shall be incurred for non-conformities which the USER knows or could not have been unaware of at the time of conclusion of the contract or which originate in materials supplied by the USER.

 

II) PROVIDER'S LIABILITY and USER'S RIGHTS

DISTRIBUCIONES DE ÓPTICA MGB, S.A. will respond to the USER for any lack of conformity that exists at the time of delivery of the product. DISTRIBUCIONES DE ÓPTICA MGB, S.A. recognizes the USER the right to repair the product, replace it, reduce the price and terminate the contract.

In accordance with article 6 of the Civil Code, any prior waiver of the USER's rights or acts performed in fraud shall be null and void.

III) Repair and replacement of products

 

1. If the product does not comply with the contract, the USER may choose between demanding the repair or replacement of the product, unless one of these options is impossible or disproportionate. From the moment the USER informs DISTRIBUCIONES DE ÓPTICA MGB, A. of the option chosen, both parties must comply. This decision of the USER is without prejudice to the provisions of Article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.

 

2. Any form of remedy that imposes costs on DISTRIBUCIONES DE ÓPTICA MGB, S.A. that, in comparison with the other form of remedy, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of remedy could be carried out without major inconveniences for the USER, will be considered disproportionate.

IV) Rules for repair or replacement of the product

Repair and replacement shall conform to the following rules:

• They will be free of charge for the USER.

This gratuity shall include the necessary expenses incurred to remedy the non-conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.

• They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
  
  
• The repair suspends the computation of the periods referred to in article VII. The suspension period will begin when the USER places the product at the disposal of DISTRIBUCIONES DE ÓPTICA MGB, S.A. and will conclude with the delivery of the repaired product to the USER. During the six months following the delivery of the repaired product, DISTRIBUCIONES DE ÓPTICA MGB, S.A. will be responsible for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.
  
  
• The substitution suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product The second paragraph of Article VII shall in any case apply to the substitute product.
  
  
• If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the USER may demand the replacement of the product, within the limits set forth in paragraph 2 of Article IV, or a price reduction or the termination of the contract under the terms of Article V.
  
  
• If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits set forth in Article IV, paragraph 2, or the reduction of the price or the termination of the contract under the terms of Articles V and VI.
  
  
• The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

 

V) Price reduction and termination of the contract

The price reduction and the termination of the contract will proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconvenience to the USER. The resolution will not proceed when the lack of conformity is of minor importance.

VI) Criteria for price reduction

The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract, and the value that the product actually delivered had at the time of delivery.

VII) Deadlines

 

1. DISTRIBUCIONES DE ÓPTICA MGB, S.A. is responsible for any lack of conformity that becomes apparent within a period of two years from the date of delivery. In second hand products, DISTRIBUCIONES DE ÓPTICA MGB, S.A. and the USER can agree on a shorter period, which cannot be less than one year from the date of delivery. Unless there is proof to the contrary, it will be presumed that any lack of conformity that becomes apparent within six months of delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
   
   
2. Unless there is evidence to the contrary, delivery shall be deemed to have been made on the day shown on the invoice or purchase label, or on the corresponding delivery note, whichever is later.
   
   
3. The statute of limitations for claiming compliance with the provisions of the preceding articles expires three years after delivery of the product.
   
   
4. The USER must inform DISTRIBUCIONES DE ÓPTICA MGB, A. of the lack of conformity within two months of becoming aware of it.
   
   

In the absence of proof to the contrary, it shall be understood that the USER's communication has taken place within the established term.

VIII) Action against the producer

When it is impossible or an excessive burden for the USER to contact DISTRIBUCIONES DE ÓPTICA MGB, S.A. due to a lack of conformity of the products with the sales contract, he/she can claim directly to the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the fact that the producer's responsibility ceases, under the same terms and conditions as those established for DISTRIBUCIONES DE ÓPTICA MGB, S.A., the producer will be responsible for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

Producer means the manufacturer of a product or the importer thereof in the territory of the European Union, or any person who presents himself as such by indicating on the product his name, trademark or other distinctive sign.

The party liable to the USER shall have a period of one year to reimburse the party responsible for the lack of conformity. This period shall be calculated from the time of completion of the remedy.

 

12. APPLICABLE LAW AND JURISDICTION

 

These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of the products or services covered by these Conditions.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the town of VALLADOLID (Spain).