Important warning: we advise you to carefully read the contents of this contract that will regulate the legal relationship established between and the users of the Portal and Rabiglia.
FIRST ONE.- INFORMATION PRIOR TO HIRING
The present general contracting conditions will expressly regulate the relations arising between Rabiglia and third parties (hereinafter “Users”) who contract or access the services or products marketed by Rabiglia through his portal. Likewise, the particular conditions and any other specific agreement or contract that, if applicable, may be established between both parties will be applicable. These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, and Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws and other applicable regulations on electronic commerce. When accessing and requesting any of the services offered by Rabiglia, the User expresses his express acceptance, without reservations of any kind, to each and every one of the General Contracting Conditions, the General Conditions of Use of the Portal, Privacy Policy, as well as, where appropriate, to the Particular Conditions that, where appropriate, govern the provision of the services. Rabiglia informs that the necessary procedures to access the provision of the services offered by it will be those described in these general conditions, as well as those specific ones that are indicated on the screen during navigation on the Portal, so that the User, with his action on the Portal, declares to know and accept said procedures as necessary to access those offered in it.
The User undertakes to provide at all times truthful, accurate and appropriate information for their necessary identification and access to the services offered by Rabiglia, being your sole and exclusive responsibility for the authenticity and accuracy of the same. Any modification or correction of the data provided by the User during navigation must be carried out in accordance with the indications that, if applicable, are included in the Portal for this purpose.
SECOND.- PRODUCTS/ SERVICES OFFERED AND PURCHASE PROCESS
Description of the Products/Services: Rabiglia make available to Users, the following products / services domotics / smarthome (indistinctly in front “the Products / Services”). The Products/Services offered by Rabiglia they will appear indicated on the Portal, indicating their characteristics and final price (indirect taxes, expenses and price of additional services included), being therefore available to the User prior to their request for services. The contracting of any of the products / services offered by Rabiglia it will imply that it will only be obliged to comply with the General Contracting Conditions established here, in accordance with the products / services described. Rabiglia you may only be liable for or in connection with the provision of the products or the provision of the services if the defects or irregularities are the direct consequence of some intentional, culpable or negligent act directly and exclusively attributable to Rabiglia.
The territorial scope of provision of the services will coincide with the territorial scope described in the Rabiglia.
As far as the subjective field is concerned, the contracting of the Services provided by Rabiglia through the Web Portal it is aimed exclusively at people over 18 years of age. [OTHERWISE, PRIOR WRITTEN AUTHORIZATION MUST BE OBTAINED FROM THE LEGAL REPRESENTATIVES OR GUARDIANS OF THE MINOR] The description of the products / the conditions of the services will be available to Users on the Rabiglia. Purchase process: Product selection, add to cart and checkout.
The data provided in the registration process will be incorporated into the files of Rabiglia and they will be governed and treated in accordance with the provisions of the Privacy Policy available on the Portal. Once the registration process is completed, the User will receive a username and a password, which he/she must keep under his/her sole responsibility, and from then on he/she will be able to access the registered users area where he/she will be able to manage his/her personal data. Once the registration process has been successfully completed, the corresponding confirmation will be sent by email / sms or any other means of communication enabled by Rabiglia and accepted by the User. In this sense, the User expresses his express consent to receive communications from Rabiglia related to its services, promotions and advantages, which are necessary for the provision of such Services or their management, by electronic means (email, SMS, electronic messaging).
THIRD.- ENTRY INTO FORCE OF THE GENERAL CONTRACTING CONDITIONS
This document of General Contracting Conditions will enter into force from the moment the User accesses the Portal of Rabiglia. From that moment, said users declare that they accept and adhere completely and unconditionally to the stipulations contained in these General Contracting Conditions. In accordance with the provisions of Article 5.3 of Law 7/1998, of April 13, on general conditions of contracting Rabiglia guarantees that it has previously exposed the present General Conditions to the generality of the possible Users of the service, on the date before they can contract any good or service, regardless of the fact that in order to make any registration or service request, prior acceptance of them will be necessary.
FOURTH.- OBLIGATIONS OF Rabiglia
Rabiglia, by virtue of these general contracting conditions undertakes with the Users to the following obligations:
i. To provide the User, both before and after registration, with the information he requires in relation to the provision of the specific products sold/services provided by Rabiglia within the framework of the provisions of the applicable regulations and these general contracting conditions.
ii. Diligently perform the tasks proper and necessary for the provision of the products or the provision of the services.
iii. Observe due diligence and attention in the provision of the services of Rabiglia and in its relationship with its customers, as well as looking after their interests.
iv. Provide the User with the communication channels in order for him to be able to contact Rabiglia in connection with any incident or query related to the products/services provided by Rabiglia.
v. To be responsible for the quality and qualities of the specific products/ services provided by Rabiglia and that are within its exclusive capacity of control and/or direction.
FIFTH.- OBLIGATIONS OF THE USER
The User of the Portal in general, and any client or person who accesses it, registers or requests services provided by Rabiglia in application of these general contracting conditions, he undertakes to comply with the following
obligations:
i. Provide all the information and data necessary for its registration or for the application or provision of the services provided by Rabiglia, committing to provide accurate, up-to-date and true information.
ii. To pay the price for the products/services provided by Rabiglia in accordance with the provisions of the corresponding section of these general contracting conditions and on the Portal.
iii. Keep your identifying data updated at all times and in particular the information necessary for the processing of the payment to Rabiglia.
SIXTH.- PRICE, MEANS OF PAYMENT, DELIVERY OF THE GOODS, GUARANTEE AND WITHDRAWAL
Price: The price of the products/services of Rabiglia it will be the one established in the section of the Web Portal intended for this purpose and will be expressed in Euros (€). This price will be available at all times to the User through his access to the Web Portal of Rabiglia In any case, the User, prior to the conclusion of the contract, will have access to the total amount of the services, shipping costs, applicable taxes and any other concept that should be included. The price of the product/ service may be modified unilaterally and at any time by Rabiglia proceeding to publish the update of the same on the Portal within the products / services section of the same. The current prices for each purchase process through the portal will be those that appear at that time published in the section of the Portal related to it. Means of payment: Users may proceed to the payment of the price of the services through any of the following means included in the Web Portal of Rabiglia:
Bank transfer: to the account number indicated to the user during
the purchase process.
Bank address: in favor of the account number indicated to the user
during the purchase process.
Credit/debit card through virtual POS of
Rabiglia facilitated during the purchase process.
Electronic payment platform address: Stripe or Revolut
Delivery of the goods: The goods contracted by the User through the Portal of Rabiglia they will be made available to him at the place he has indicated for this purpose.
This provision will be made through Printfull and may last between 24 hours and a month.
Guarantee: The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product. It will be understood that the products are compliant when the requirements established in art. 116 of the TRLGDCU. The regime of seller liability and consumer rights will be regulated by the provisions of Chapter II of Title V of the TRLGDCU. In accordance with the provisions of current legislation, the seller is liable for non-conformity within a period of two years from the date of delivery, under the conditions stipulated in art. 123 and 124 of the TRLGDCU. The commercial guarantee will be governed by the provisions of art. 125 et seq of the TRLGDCU, as an additional and independent guarantee of the legal guarantee previously exposed. [WARNING] The legal guarantee regime established is that provided for in the regulations in general. In the case of non-durable products (e.g. Food) or services such as tourist services, water, electricity and electricity supplies, must comply with the sectoral regulations in relation to this aspect. Right of withdrawal of the User: In accordance with article 71 and concordants of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, in the wording given by Law 3/2014, of March 27, the User has a period of fourteen (14) calendar days to freely exercise the right of withdrawal of the services object of these general contracting conditions. The User is also informed that Rabiglia it makes available to its Users a withdrawal document in order to make the aforementioned withdrawal effective.
Rabiglia, being a contract concluded at a distance and in accordance with Article 108 of the General Law for the Defense of Consumers and Users, may pass on to the customer exercising the right of withdrawal the amount of the direct costs of the return of the goods is by agreement.
Exceptions to the right of withdrawal: In art. 103 of Royal Legislative Decree 1/2007, of November 16, establishes a series of cases of exceptions to the application of the right of withdrawal that must be analyzed by the company in order to determine if its product / service is within said exceptions.
In the case of food e-commerce: In accordance with the provisions of art. 103 of Royal Legislative Decree 1/2007, of November 16, in its paragraph d), when supplying food products that may suffer rapid deterioration or expire quickly, the option of the right of withdrawal provided for in general is not contemplated. However, product returns may be accepted when it is based on damage caused by the carrier, for which it will be an essential condition to have registered the defect at the time of delivery of the package, otherwise it will be understood as accepted. In any case, it should be brought to the attention of Rabiglia any incident related to transportation as soon as possible.
In the case of e-commerce in the tourism sector: In the case of companies in the tourism sector, it must be determined beforehand whether it is a service included in the category of “combined travel”. Package tours are defined in art. 151 of Royal Legislative Decree 1/2007, of November 16, and are regulated in Articles 150 to 165 of the same standard. On the other hand, it should be noted that art. 103 letter l) provides for an exception to the right of withdrawal in the case of “l) The supply of accommodation services for purposes other than housing, transportation of goods, rental of vehicles, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.”
SEVENTH.- DURATION OF THE CONTRACT
The contract will have a validity of from the date of effective confirmation of the User as a registered customer of Rabiglia. The contract will be extended for periods of the same duration as the initial one, successively and automatically, unless otherwise communicated by either party with a notice period of thirty (30) days prior to the expected expiration date for the initial contract or any of its extension periods. For the purposes of the communication referred to in this clause, it may be carried out by any of the means contemplated in these general contracting conditions.
EIGHTH.- RESPONSIBILITIES
The User will be the sole and exclusive responsible for the veracity, adequacy and accuracy of all the data and statements that he includes in the forms that he sends to Rabiglia in order to process your registration as a client or any other communication that you issue for any purpose being this addressed to Rabiglia. In this way, the User will be solely responsible for any omission, inaccuracy or error made when filling in the data required for the provision of the services offered by Rabiglia. The mere sending by the User of a request form for the services does not necessarily imply the acceptance of the same by Rabiglia as long as it has not checked the accuracy of the information and any other end required for its provision. Rabiglia it will not be responsible for the content, quality, qualities or performance of professional third parties or companies. Rabiglia it will make its best efforts in order to ensure the technical availability of the services and the adequate transmission of the information, always to the extent of its possibilities. However, due to the nature of the Internet, it is not possible to guarantee these extremes absolutely. Rabiglia it will not be responsible for damages of any nature that may eventually arise from: the interruption of operation or lack of availability of its website; the privacy and security of the website regarding its use by the User, and/or unauthorized access by unauthorized third parties; the accuracy, updating and completeness of the contents of the website; the possible transmission of software or other elements that negatively affect computer systems; any other indirect or consequential loss or damage that was not reasonably foreseeable by both parties at the time the User requested the services of Rabiglia; the delay in the provision of the services offered insofar as such delay or non-compliance is due to circumstances beyond the control of Rabiglia.
NINTH.- GUARANTEES OF Rabiglia
Rabiglia it undertakes to respect the legal guarantee of the products and services offered on its portal as stipulated in the applicable legislation. The shipping costs will be managed in accordance with the provisions of the sixth clause on price, means of payment, delivery of the goods and withdrawal, as well as with the applicable legislation. Rabiglia it is committed to making its best efforts available to its customers in order to achieve excellence in the provision of its services/products. In this regard, Rabiglia it undertakes to diligently process the claims or complaints made by its customers, as well as, where appropriate, to send them to suppliers who may have incurred in some type of irregularity in the provision of the service, although the latter will be responsible for breaching their own duty of business diligence.
TENTH.- CONFIDENTIALITY
Nor Rabiglia neither the User, will disclose to a third party any type of confidential information, commercial secrets, economic data, know-how, working methods, personal data or any document of either party that bears a mention of confidentiality, or that by its nature its confidential status is deduced, that he has received from the other party in connection with the provision of the intermediation services object of these general contracting conditions. This prohibition shall have no effect on a party if it has the prior written consent of the other party. The parties undertake to take the necessary precautions to preserve the secrecy of each other’s confidential information as they usually take for their own information of such nature. They are also obliged to communicate such information only to employees or persons who, due to their position and function, need to know them in order to perform their work. In any case, they will be warned of the confidential nature of such information and their responsibility in case of illegally disclosing it. The limitations established in the previous section will not be applicable to information that: (i) is regularly known without being confidential or that was published on the website of Rabiglia without their access being restricted; (ii) that were in the public domain or accessible to the public in general, for a reason other than the transgression of this clause; (iii) that it is obtained from a third party that is not obliged to maintain confidentiality in relation to the information; (iv) whose disclosure by the recipient is legally required. The parties undertake to respect the obligations resulting from this stipulation during the term of this contract, as well as during the 5 years following its termination or resolution.
ELEVENTH FIRST.- PRIVACY AND COMMERCIAL COMMUNICATIONS
Protection of personal data: Rabiglia in its commitment to guarantee the confidentiality of the information of its users and customers, it complies with the obligations established in Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, as well as Regulation (EU) 20106/679 on the Protection of Personal Data. The User can access all the information related to the management of his personal data, the rights that assist him in application of the aforementioned regulations and the data processing that Rabiglia you can carry out on the Privacy Policy page of the Rabiglia. Commercial communications: Rabiglia you may send the User communications related to your products/services promotions and advantages, both by postal mail and by electronic means (email, SMS, electronic messaging) in order to inform the User in relation to said aspects. The User by accepting these conditions expresses his consent to the receipt of such communications. Notwithstanding the foregoing, the User may at any time and in a simple and free way express his opposition to continuing to receive communications of a commercial nature, for which he must only send to Rabiglia a communication indicating your willingness to unsubscribe regarding the sending of these communications, by postal mail to the address listed in the Legal Notice or through email or the private area of the Web Portal of Rabiglia prior accreditation of your identity through a national identity document or equivalent.
TWELFTH SECOND.- SECURITY MEASURES
Rabiglia, is aware of the impossibility of guaranteeing the absolute invulnerability of computer systems and communication networks, but nevertheless undertakes to make available to users its best efforts in order to guarantee the security and availability of the information hosted on its servers. Thus, among other measures, Rabiglia undertakes to provide a username and password to all customers who register on the Portal; also guaranteeing the encryption of the information provided in relation to the services that require it by their nature [CONTRAST ACCORDING TO SPECIFIC CASE]. For this purpose, the information encryption security protocol (“https:”) will be implemented, to which additional security measures and guarantees may be added through third parties, depending on the requirements of the service [TO BE CHECKED ACCORDING to SPECIFIC CASE].
THIRTEENTH.- ASSIGNMENT AND/OR SUBROGATION OF THE SERVICES
Rabiglia you may contract or collaborate with subcontractors, professionals or external agents, as well as assign all or part of the contracts or rights formalized to third parties, to carry out the provision of all or part of the services governed by these general contracting conditions. Rabiglia it undertakes to communicate, through the communication channels enabled for its relations with customers and described in these general conditions, the aforementioned assignment of contracts or rights to third parties.
FOURTEENTH.- END OF THE SERVICE. TERMINATION AND CONTRACTUAL TERMINATION
The service will be understood to be provided when Rabiglia proceed to send the product / provide the service object of these general contracting conditions. Likewise, in the event that the service has not been provided or the product has not been sent, either due to circumstances attributable to Rabiglia, for commercial reasons or of any other nature not attributable to the User, it will be understood that said service has ended with the refund of the amount of the same that the User, if any, had paid prior to Rabiglia. The contract will be terminated when both parties fulfill the obligations to which they commit themselves in it, exhausting its object, or when it is resolved by one of them if any of the causes provided for for resolution in the Civil Code concurs. This general conditions contract may be terminated by either party if the counterparty seriously breaches any of the obligations established therein.
FIFTEENTH.- NOTIFICATIONS AND COMMUNICATIONS BETWEEN THE PARTIES
The notifications, communications and advance notices that are made between the parties to these general contracting conditions must be sent by any means (postal mail, fax, email, telephone, etc.) that allows the identification of the sender and the integrity and authenticity of the information provided. In this sense, the previous identification of the User will be required through his National Identity Document or any other that replaces it. In particular, the User may send his communications and / or incidents in relation to any aspect related to the provision of the services provided by Rabiglia to the email address, to the postal address and/ or telephone number listed on the “Legal Notice” page; to the contact form available on the website of Rabiglia; or through the customer area of the Web Portal of Rabiglia.
SIXTEENTH.- RELATIONSHIP WITH OTHER CONTRACTS AND SPECIAL CONTRACTS
The relationship between the User and Rabiglia it is governed by these General Conditions, regardless of the validity of the Legal Notice and any other legal text that regulates the conditions of use of the web portal of Rabiglia, which will be applied on an additional basis, and as far as it does not contradict these General Conditions. Without prejudice to the provisions of the previous section, for the provision of certain services, the approval by the User of other specific or particular General Conditions for said service may be established. In such case, the aforementioned General Conditions or Specific Agreements will apply preferentially to the relationship between the User andRabiglia, and only in an additional way and in which they do not contradict the present General Conditions will be applicable.
SEVENTEENTH.- INVALIDITY AND PARTIAL NULLITY
In the event that any of the provisions of these general contracting conditions is considered null or inapplicable, in whole or in part, by any Court or Tribunal of Justice or competent administrative Body, such nullity or inapplication will not affect the remaining provisions of these general contracting conditions, which will retain their full validity and binding effectiveness for the Parties.
EIGHTEENTH.- SEALS OF TRUST AND SUBMISSION CONSUMER ARBITRATION BOARD AND ALTERNATIVE DISPUTE RESOLUTION IN THE ELECTRONIC FIELD
Rabiglia it makes available to its Users the mandatory complaint forms in terms of consumption. Likewise, on the website of Rabiglia we will proceed to inform of the assignment of the same to the corresponding consumer codes and trust seals in order to guarantee the highest quality in the provision of its services and the safety of its Users. Rabiglia, in compliance with art. 14 of Regulation (EU) 524/2013, makes available to the user access to the European Consumer Dispute Resolution Portal, accessible at the following link, in order to manage the resolution of possible disputes arising in the legal relationship between the parties. Mention if you have the CECARM e-commerce Trust Seal.
NINETEENTH.- APPLICABLE LAW AND JURISDICTION OF COURTS
The user undertakes to make correct and appropriate use of the services and the Portal Rabiglia in accordance with the Law, with these General Conditions, the Legal Notice and Conditions of Use of the Portal, as well as with the other conditions, regulations and instructions that, if applicable, may be applicable. These general contracting conditions are governed by Spanish legislation, the Spanish Courts and Tribunals being competent to hear any issues that may arise in relation to interpretation, application and compliance. The User expressly waives any other jurisdiction that, by application of current law, may correspond to him and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city of Cartagena. Important warning: this document is an indicative model of the content that should be included in the General Contracting Conditions of an online business. However, due to the serious consequences that it may have in relation to conflicts or claims, it is expressly recommended that you go to a professional and they are written in a personalized way according to the business model and the specific needs of the Web Portal in particular.