This document establishes the General Conditions of Contract of the website www.mobaltik.es, the object of which is the purchase and sale of products of MANUEL FERNÁNDEZ FERRADÁNS (hereinafter, Mobaltik), with NIF 35422178Q and registered office at Barres 3, 36688 A Estrada - Pontevedra, by those natural or legal persons (hereinafter, contracting person or user) who express their willingness to purchase the products made available to them in the store on the website www.mobaltik.es by means of a request made by electronic means, specifically, via the Internet through that website owned by Mobaltik.
1. Information and contractual documentation. Acceptance of the contract.
These General Terms and Conditions are permanently displayed on the website www.mobaltik.es, owned by Mobaltik, and all users may archive and print them and, therefore, be previously informed of the conditions under which the products in the store will be purchased (hereinafter, the product).
Furthermore, these General Terms and Conditions are reiterated together with a summary of the specific request – specific product/s purchased, cost with indication of taxes if applicable, shipping costs, etc. – for express acceptance by the contracting party, by clicking on “I have read and accept the terms and conditions”, each time a specific request is made through the website.
It is not technically possible for the contracting party to complete the request without accepting these General Terms and Conditions. In order for the contracting party to be able to make this acceptance and, therefore, make the request, they must provide their data when placing the order on www.mobaltik.es, at which time they accept these Conditions and the Privacy Policy of the website.
The contracting party, by accepting these Conditions, gives their express and unreserved consent for Mobaltik to carry out the collection operations necessary for the acquisition of the product they are contracting, expressly authorising Mobaltik to make the collections using the payment methods they have selected, or entered from the secure area enabled for this purpose, in accordance with the payment services regulations.
These General Conditions together with the specific request made via the Internet by the contracting party – also called “Specific Conditions” – configure the content of the contract between Mobaltik and the contracting party who declares to have sufficient capacity to contract and to have read, understood and accepted these conditions.
Mobaltik, at the time of contracting and within a period not exceeding twenty-four hours, will send confirmation of the order placed to the email address associated with the account of the contracting party.
The contracting party will have these General Conditions permanently available on the website. Any subsequent modification of these General Conditions will be clearly displayed in an easily accessible place on the website www.mobaltik.es. All the documentation indicated above may be printed and archived by the contracting party, and may request it at any time from the Customer Service Department, via email sent to info@decoratt.es; or by calling the telephone number 9865 88 682.
Any request for information or complaint deemed relevant may be submitted to the Customer Service Department at the addresses identified in the previous paragraph. The Service will acknowledge receipt of the claim submitted by sending the relevant receipt – with the corresponding identification code – to the email address that must be provided to the Customer Service Department to process the claim.
2. Object
By this contract, Mobaltik undertakes to deliver to the contracting party the product that he or she has requested through the website www.mobaltik.es in exchange for a certain price and in accordance with the conditions established in this document.
3. Rights and obligations of Mobaltik
3.1. Delivery of the product
Mobaltik undertakes to deliver the product in perfect condition to the address indicated by the contracting party on the order form, which contains the specific conditions that are attached to these general conditions. Mobaltik shall not be liable for errors caused in delivery when the data entered by the contracting party on the order form do not correspond to reality or have been omitted.
Unless otherwise agreed by the parties, Mobaltik shall deliver the product by transferring its material possession or control to the contracting party, without any undue delay and in accordance with the deadlines indicated on the website, which in no case shall exceed thirty calendar days from the conclusion of the contract.
Items purchased at www.mobaltik.es will be sent via GLS Spain. The shipment will be certified with a number assigned to facilitate tracking by the customer through the GLS Spain website.
3.2. Mobaltik's liability
Mobaltik shall in no case be liable for:
- Errors, delays in access by the contracting party when entering their data into the order form, slowness or impossibility of confirming the order or any anomaly that may arise when these incidents are due to problems on the Internet, causes of chance or force majeure and any other unforeseeable contingency beyond the good faith of Mobaltik. In any case, Mobaltik undertakes to solve any problems that may arise and to offer all necessary support to the contracting party to reach a quick and satisfactory solution to the incident.
- Errors or damages caused by inefficient and bad faith use of the product by the contracting party.
- The non-operational nature of the email address provided by the contracting party for sending the order confirmation.
Mobaltik is fully responsible for the quality of the product and may return the product if it is defective or does not reach the contracting party in the correct condition. In this case, Mobaltik will be responsible for the costs incurred as a result of such return, provided that the contracting party communicates this fact within a maximum period of fourteen calendar days from the date of delivery and the product has not been consumed or altered in any way. Mobaltik is exempt from all responsibility in relation to possible breakages or defects in the product that occur after delivery. Likewise, Mobaltik will not have any responsibility in relation to any product that has already been consumed or used without any type of incident on the part of the contracting party who intends to make a claim.
The contracting party, before signing the delivery of the order, must check that the product is delivered in perfect condition. If the contracting party gives its consent at the time of delivery, it is understood by both parties that the product was delivered correctly and that, therefore, any possible deterioration occurs after its delivery.
The contracting party expressly waives any claim for contractual or extra-contractual liability for any possible damages or losses arising from what is stated above in this clause. In any case, the liability of Mobaltik if it fails to comply with what is stated in this agreement according to the terms of these general conditions will be limited to the return of the amount that, where applicable, the contracting party could have paid in relation to the product and always prior to the return by the contracting party of the product in question.
The contracted product has the guarantee of conformity provided for by law. If the product is not in accordance with the contract, the contracting party may choose between demanding the replacement of the product, or, where applicable, the reduction of its price or the termination of the contract, in the terms established by law.
4. Rights and obligations of the contracting party
4.1. Payment
The contracting party undertakes to pay the amount for the product actually requested in the amount and in the manner established in these Conditions.
This website has an SSL (Secure Socket Layer) security certificate. This security standard allows the secure and encrypted transfer of data between the user and the website. When a secure connection is established, the following is true:
- The security certificate guarantees the authenticity of the website (it is not a fake website)
- It encrypts the information that is transferred from the user's browser to the web server where the page is hosted.
4.1.1. Amount
The remuneration for the product actually requested by the contracting party will be that indicated on the website and that which appears in the specific request of the contracting party at any given time (except in the case of a typographical or obvious error); requests that will constitute the particular conditions of the order. The price of the product that appears on the website is always indicated in euros with taxes included.
In the event of an error in the price of the product requested by the contracting party, Mobaltik will inform the contracting party as soon as possible and will give the contracting party the option of reconfirming the order at the correct price or cancelling it. In the event that the contracting party cannot be contacted, the order will be considered cancelled and the amounts paid will be fully refunded, without any right to compensation.
The final full price will include: taxes or fees, the amount of any increases or discounts applicable to the offer and additional costs - for example, those associated with transport, payment methods, etc. - that are passed on to the contracting party, which will be expressly accepted by the contracting party.
Mobaltik will issue the invoice corresponding to the contracted product detailing all the concepts that comprise it. The contracting party expressly consents to the invoice being sent electronically, to the email address provided when processing the order. At any time, the contracting party may communicate their desire to receive invoices in paper format, by means of a communication addressed to the Customer Service Department.
4.1.2. Payment methods
The contracting party must pay the amount corresponding to the contracted product using one of the payment methods and procedures available on the website. Mobaltik only accepts payments made using the payment methods available on the website (Paypal, bank transfer, card payment).
Mobaltik website complies with the standards linked to SSL protocols. This ensures a secure and private transaction, guaranteeing the customer that Mobaltik will not be able to access or store any data provided by the customer when making the payment using the virtual POS payment.
Additional costs associated with the selected payment methods must be paid and confirmed independently in the terms indicated on the website. PayPal has additional costs associated with it.
4.2. Withdrawal
The contracting party, who is a consumer in accordance with current legislation, may withdraw from the contract made on www.mobaltik.es, without the need for justification, within fourteen calendar days from the day of delivery of the last of the products included in the contract.
The contracting party will not be subject to withdrawal from those products that are made according to the specifications of the contracting party and clearly personalized.
To exercise the right of withdrawal, the contracting party must notify their decision to withdraw from the contract through an unequivocal declaration to: Mobaltik, at Barres 3, 36688 A Estrada - Pontevedra, or info@decoratt.es, indicating that they are withdrawing from the contract and providing the following information: order reference, date of receipt, name and surname of the contracting party and their address. They may also use the form model provided for in current regulations on consumer and user protection. If the withdrawal is submitted in paper form, it must be duly signed by the contracting party. To comply with the deadline, it is sufficient for the notification to be sent before the deadline expires.
In the event of withdrawal by the contracting party, Mobaltik will refund all payments received, including – where applicable – delivery costs (except for additional costs resulting from the contracting party's choice of a delivery method other than the least expensive standard delivery method offered by Mobaltik, without undue delay. This refund will be made using the same payment method used for the initial transaction, unless otherwise expressly agreed. The contracting party will not incur any costs as a result of the refund. Mobaltik may withhold the refund until it has received the products or until proof of their return is presented.
The contracting party must return or deliver the products directly to Mobaltik, at Barres 3, 36688 A Estrada - Pontevedra, without undue delay and, in any case, no later than fourteen calendar days from the date on which it communicates its decision. to withdraw from the contract. The deadline will be deemed to have been met if you return the products before the deadline has expired. The contracting party must assume the direct cost of returning the products. The cost of the return will depend on the transport and/or courier company selected by the contracting party to return the product.
4.3. Responsibility of the contracting party
The contracting party assumes all risks of deterioration, damage, harm and loss of the product from the moment it has been made available to him/her by the third party who, on behalf of Mobaltik, delivers the requested product.
The contracting party will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the functioning of the products.
The contracting party undertakes to verify the good condition of the product before the third party who, on behalf of Mobaltik, delivers the requested product, a verification that will be carried out prior to signing the proof of delivery.
5. Resolution
Mobaltik and the contracting party may terminate this contract for any of the reasons established by law and in particular for failure to comply with these General Conditions. The termination of the contract may be exercised by contacting the other party at: the postal address provided by the contracting party when contracting the service, and at the address of Mobaltik, duly identifying the contract that is intended to be terminated.
6. Copyright and trademark
Mobaltik informs that the contents, programming and design of the website www.mobaltik.es are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited unless expressly consented to by Mobaltik.
Mobaltik may use external sources to prepare its content on certain occasions and/or establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate owner of the copyright of this information included in this form may request the removal of the aforementioned references at any time.
7. Data protection
The data provided by the contracting party in accordance with these General Conditions will be treated in accordance with the terms stipulated in the Privacy Policy published on the website.
8. Jurisdiction and applicable law
These general conditions are governed by Spanish law. The Courts of Pontevedra are competent to resolve any controversy or conflict arising from these general conditions, the contracting party expressly waiving any other jurisdiction that may apply. Consumers may use the platform for extrajudicial resolution of disputes arising from sales contracts or the provision of services concluded online, accessible through the following link: http://ec.europa.eu/odr.
9. Others
In the event that any clause of this document is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. This contract is made only in Spanish. Mobaltik may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly acknowledged by Mobaltik.
