Contract Conditions for purchases at www.amercook.es.
These General Contracting Conditions for Purchases regulate the use of the web www.amercook.es (hereinafter "The website") that sells and advertises products under the name "AMERCOOK".
Using the website or placing an order through it implies full acceptance of the "General Contracting Conditions" described here, with respect to which AMERCOOK reserves the right to unilateral modification at any time, the applicable conditions being in force at all times those that are published on the website.
1. SCOPE OF THE CONTRACT.
By using this website and / or placing orders through it, you agree to:
- Make use of this website only to make legally valid inquiries and / or orders.
- Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
- By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts, especially for purchases accessed through the website.
2. AVAILABILITY AND LIMITATION OF SERVICE.
The articles offered through this website are only available for shipment to mainland Spain and the Balearic Islands.
For security reasons, purchases over € 3.000 or for more than 50 items per order cannot be made.
To place an order, you must follow the online purchase procedure and click "Buy now" to complete the order. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). We will also inform you by email that the product is being shipped (the "Shipping Confirmation").
The prices applicable to the products are those indicated at all times on the website on the date of the order. The prices are detailed in each article and include VAT (Value Added Tax). The amount of shipping costs is indicated to the customer in a detailed manner at the time the order is placed.
Accepted means of payment: Purchases can be paid by credit card or debit card, through Paypal. In any case, the choice of the means of payment is made during the purchase process on the corresponding screen at no additional cost.
The client must notify AMERCOOK, where appropriate, of any undue or fraudulent charge on the card used for purchases, by email or by telephone, in the shortest possible time so that it can take the appropriate steps. Suppliers or issuers of means of payment may adopt anti-fraud measures that lead to the rejection of certain types of operations. AMERCOOK is not responsible for the application of these types of security policies.
6.1 Home delivery:
6.1.1 Standard Shipping: Shipping is free for orders over 49 euros of purchase. In case of making a purchase of a lower amount, a transport cost of 4 euros will be applied. The delivery will always be in peninsular Spain or the Balearic Islands.
The address indicated by the client may be a home address, a workplace or any other address indicated. The billing address and shipping address do not need to match.
6.2 Incidents in delivery: In the event that it is not possible to make the delivery due to the absence of the recipient, the transport agency will leave an indicative note and will try to contact the recipient by phone. After two (2) unsuccessful attempts, it is the customer who must contact the transport agency to proceed with the delivery.
7. CHANGES, RETURNS AND WITHDRAWAL.
There are different procedures for making changes, returns and withdrawals. Next, we will describe the characteristics of each of them, as well as their costs and conditions.
- Change: the substitution of a product for another from the store is considered change.
- Return: in case of defect or defect.
- Withdrawal: by decision of the client.
All products that are to be exchanged or returned must be properly packed, if possible in their original packaging.
7.1 Exchange and Return Conditions: If the order has arrived you have questions about the chosen size or for any reason you decide to change or return the product, contact us by email (firstname.lastname@example.org)
You can exchange or return any product as long as it has not been used. After calling us, we will contact the transport agency to pick up the product (you can deliver the product, if applicable, in the same box where you received it). In the case of an exchange, the carrier that delivers the new chosen product will be the one who will collect the product to be returned.
The money for the exchange or refund (or the difference in amount in the event of an exchange for another product of lower value) will be made through the same payment method that you used to make the purchase or through a discount voucher (no date of expiration).
7.2 Conditions of Withdrawal:
7.2.1. Right of withdrawal: If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of fourteen (14) calendar days without the need for justification.
The withdrawal period will expire fourteen (14) calendar days from the delivery of the purchased product, from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in case of that the goods that make up your order are delivered separately, fourteen (14) calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
7.2.2. Consequences of withdrawal: Once the withdrawal has been formalized and the item duly packaged returned, if possible in its original packaging, the price will be returned in the shortest possible time, and in any case, within the following fourteen (14) calendar days.
We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you indicate otherwise, for which you must expressly detail in your withdrawal the new means of payment through which you want us to make the return. . You will not incur any expenses as a result of the refund.
However, the foregoing, we may withhold the refund until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first.
8. AVAILABILITY OF THE PRODUCTS.
If there are incidents regarding your supply or if there are no products in stock, you will be informed immediately and the amount of the product or products without stock will be reimbursed. AMERCOOK will reimburse the corresponding amount without undue delay and, in any case, before fourteen (14) calendar days have elapsed. The refund will be made by the same means of payment with which it was paid. The stock availability data in the physical store that are reflected on our website tries to be exact but they are indicative and may vary depending on the acquisitions.
9. LEGAL GUARANTEE OF THE PRODUCTS PURCHASED.
The legal guarantee offered is that established in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.
The term of this warranty is two (2) years from the date of receipt of the product at the address indicated for this purpose, and covers possible manufacturing defects, and does NOT cover defects derived from misuse of the product, nor those derived from improper or inappropriate use, nor damage caused by blows.
The consumer has two (2) months from receipt of the product to notify the seller of a possible defect, who will notify the seller via the following e-mail: email@example.com. Possible defective products covered by this warranty will be received, repaired and / or replaced free of charge, and returned to the buyer free of charge.
For any doubt, suggestion, query or claim about the online store, you can contact the Customer Service, by any of the following means:
- Email firstname.lastname@example.org.
- AMERCOOK's Online Sales Customer Service will attend and respond to your claim as soon as possible, it will be available from Monday to Friday from 9.00 a.m. to 17.00 p.m., and in any case the answer will be given within a maximum period of one month.
Compliance by AMERCOOK of all or part of its obligations will be suspended in the event of a fortuitous event or force majeure that prevents or delays compliance. They will be considered as such, in particular, without this list being limiting: war, riots, insurrection, social unrest, strikes of any nature and supply problems not attributable to AMERCOOK.
AMERCOOK will inform the client of the concurrence, if any, of unforeseeable circumstances or force majeure within seven (7) days after its occurrence. In the event that said suspension is prolonged beyond a period of fifteen (15) days, the customer will then have the possibility to rescind the order in progress and will then proceed to reimburse them under the conditions provided in point 6 of the these General Conditions of Purchase.
12. APPLICABLE LAW AND JURIDISCTION.
These General Purchase Conditions are subject to Spanish law. Being applicable (Consolidated Text of the General Law for the Defense of Consumers and Users) in everything that is not provided for in this contract.
The European Commission offers a platform for alternative dispute resolution, which can be accessed from: http://ec.europa.eu/consumers/odr/.
AMERCOOK is not attached to any association and organization that offers an out-of-court dispute resolution system.