Purchase Terms and Conditions
Purchase Terms and Conditions
1.IDENTIFICATION OF THE OWNER IN ACCORDANCE WITH LAW 34/2002
www.plameca.com is a domain owned by PLANTAS MEDICINALES Y COMPLEMENTOS ALIMENTICIOS, SA (hereinafter “PLAMECA”) with registered offices at CALLE EINSTEIN (DE), NUM. 8. 28108 ALCOBENDAS – (MADRID), tax ID no. A60386539, and registered in the Companies Register in Sheet Number M-662218, Volume 37100, Folio 60.
Our contact information is:
TEL. tel. (+34) 932 634 565 / (+34) 932 634 463
Fax: (+34) 932 634 345
PLAMECA is the owner and administrator of the official online store www.plameca.com, which offers for sale natural products made from food supplements and medicinal plants to users.
This website is accessible through the following address: www.plameca.com
These General Purchase Terms and Conditions regulate, without restriction, the sales of products made by PLAMECA from the website www.plameca.com
The GENERAL PURCHASE TERMS AND CONDITIONS may be printed out and stored by users by clicking on the link “GENERAL PURCHASE TERMS AND CONDITIONS”.
2. SCOPE OF APPLICATION. ACCEPTANCE OF THE GENERAL PURCHASE TERMS AND CONDITIONS
These General Terms and Conditions set forth the terms and conditions for the placement of orders, payment and delivery of the requested products, as well as handling of potential responses to them.
The placement of a purchase order by the CUSTOMER on the website www.plameca.com implies their knowledge and full acceptance of these GENERAL PURCHASE TERMS AND CONDITIONS and our LEGAL NOTICE.
The language used to make purchases on this website will be Spanish, English and French.
3.YOUR DATA AND YOUR VISITS TO THIS WEBSITE
Information or personal data provided to us shall be processed in accordance with the provisions set forth in the Legal Notice.
PLAMECA provides users with the technical means to identify and rectify errors while entering data in the forms. For the shopping cart and forms in general, automatic validation will be performed to check whether the format of the data is correct. Users will be given the chance to rectify it.
By using this website, you consent to the processing of such information and data and declare that all information or data provided to us is true and correspond to reality.
Aside from PLAMECA, information provided by the customer may be shared with all businesses of the group of companies to which PLAMECA belongs.
4. USE OF OUR WEBSITE
The pages on this website are open to public use and free of charge.
Users must use the website in accordance with the law, proper conduct, morality and public order. This is why the owner of this website assumes no liability that may arise from misuse, wrongful, improper or unlawful use of the website and its content.
Neither does it assume any liability due to difficulties in connecting or viruses that may arise as a result of risks inherent in connecting to and browsing the Internet.
Users voluntarily access this website. Accessing and browsing this website imply acceptance and knowledge of the legal warnings and the Terms and Conditions of Use contained herein.
Simply accessing the website does not imply the establishment of any type of business relationship between PLAMECA and users.
PLAMECA reserves the right to modify the conditions of access and the website’s content whenever it deems it appropriate and without prior notice.
By using this website and placing orders through it, you undertake to:
- Use it only to make lawful inquiries or orders.
- Not place any false or fraudulent orders. If there are reasonable grounds to consider that an order of this nature has been placed, we are hereby authorized to cancel it and inform the relevant authorities.
- Provide us with your e-mail address, mailing address and/or other contact information truthfully and accurately. Likewise, you agree that we may make use of such information to get in touch with you if necessary.
If you do not provide us with all the information that we need, we shall not be able to process your order.
Upon placing your order through this website, you declare that you are over 18 years old of age and that you have the legal capacity to enter into contracts.
It is an essential requirement to register on the website in order to acquire our products. You can register during the purchasing process.
PLAMECA hereby informs you that during the purchase process, you shall have to identify yourself using a username and password. Users will have access to their orders, invoices, order tracking, as well as data modification. Such credentials will enable access to the services provided by this website.
Users must keep their credentials in strict and utmost confidence under their own responsibility, thereby assuming all damage and consequences of any kind that may arise from the breach of confidentiality or disclosure of information. For security reasons, the credentials for electronic access to the services linked to the website may be modified by users at any time. Users undertake to notify PLAMECA immediately of any unauthorized use of their credentials, as well as unauthorized access to them by third parties.
5. PLACEMENT OF ORDERS
The information contained in these Terms and Conditions and the details contained in this website does not constitute an offer to sell but merely an invitation to treat.
To place an order, you must complete the online purchase process and accept the GENERAL PURCHASE TERMS AND CONDITIONS AND IN THE “ORDER WITH OBLIGATION TO PAY” section.
After this, you will receive an e-mail acknowledging receipt of your order “Order Confirmation”. All orders are subject to our acceptance. You will be notified of such acceptance through an e-mail in which we confirm that the product is being sent: the “Shipping Confirmation”. The contract between us for the purchase of a product shall only be executed once we send you the Shipping Confirmation.
It goes without saying that the price and the rest of the conditions for the items that you have requested will not change during the period of time that passes between your offer and its acceptance issued through the shipping confirmation, unless we are obliged to retroactively change these policies, Terms and Conditions or Privacy Statement by law or as a result of decisions by government agencies, in which case the possible changes will also affect the orders that you may have placed previously.
Only products listed in the Shipping Confirmation shall be the subject of the Contract. We are under no obligation to supply any product that may have been ordered until we confirm its shipment in a Shipping Confirmation.
Bear in mind that the Shipping Confirmation will be sent to you no later than 48 hours from the time you placed the order if you chose home delivery.
6. PRODUCT AVAILABILITY
Complete handling of your order is subject to availability of the products requested in such a way that, if upon getting your order ready in our warehouse, we do not have the product that you want because it is out of stock or because we consider that the product is not in a suitable condition for sale, we will inform you of this and we will refund the amount that you may have paid for it no later than seven days from the time when informing you that the product cannot be delivered.
In any case, we shall let you know of any modification that may arise in your order due to any lack of availability of the items.
7. DELIVERY AND TRANSPORT EXPENSES
The geographical scope of sales through the Online Store is exclusively for Peninsular Spain and the Balearic Islands.
Shipments to Peninsular and Balearic Islands will be made through the agency (TIPSA).
Shipments made will arrive at the address of destination between 24-48 h, once the order is confirmed, subject to stock availability.
The delivery time will be between 09:00 and 19:00 on working days from Monday to Friday. In remote populations, there may be some delay in delivery.
Shipping charges are not included in the prices of the products. Upon acquiring a product and before paying, users shall be informed of the exact shipping fee.
Shipping cost to Peninsula: € 4.95 – Free shipping from € 35.00
Shipping cost to the Balearic Islands: € 6.95 – Free shipping from € 55.00
For the purposes of these Terms and Conditions, “delivery” shall be understood to have occurred or the product delivered upon signing a receipt for it at the agreed delivery address
8. PRICES AND PAYMENT TERMS AND CONDITIONS
The prices of the products will be those shown on our website at any time. It goes without saying that the price and the rest of the conditions for the items that you have requested will not change during the period of time that passes between your offer and its acceptance issued through the shipping confirmation unless we are obliged
to retroactively change these policies, Terms and Conditions or Privacy Statement by law or as a result of decisions by government agencies, in which case the possible changes will also affect the orders that you may have placed previously.
Prices shown on the website are in euros. They include both possible discounts and the VAT applicable on the order date, but they do not include shipping charges, which are shown separately on the website.
Payment may only be made using:
- Credit or debit card (Visa and Mastercard) -TPV Virtual- through the Bankinter payment gateway
- PayPal: to create a PayPal account or to get more information about this form of payment, visit www.paypal.es.
9. RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 calendar days without giving any reason.
The withdrawal period will expire 14 calendar days from the date on which you or a third party designated by you other than the carrier, acquired physical possession of the goods.
To exercise the right of withdrawal, you must notify PLAMECA with registered address at Avda. Prat De La Riba S/N, 08780 Pallejà (Barcelona) of your decision to withdraw from the contract through an unequivocal statement saying so (e.g., a letter sent by mail). Likewise, you can inform us of your right to withdraw from this contract through the e-mail address email@example.com
You may use the sample withdrawal form below, although its use is not mandatory.
To meet the withdrawal deadline, it is enough for you to send the letter wherein you exercise this right before the withdrawal period has expired.
Sample withdrawal form
AVDA. PRAT DE LA RIBA S/N, 08780 PALLEJÀ (BARCELONA)
With this letter, I hereby give notice that I am withdrawing from the contract of sale for the following goods/provision of services with the reference number (*)
- Ordered on (*) /received on (*)
- Name of consumer(s) and user(s)
- Address of consumer(s) and user(s)
- Signature of consumer(s) and user(s)
- Date and place
(*) Delete as appropriate.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including the initial shipping charges for your order.
Reimbursement shall be made no later than 14 calendar days from the date on which you informed us of your decision to withdraw from this contract.
We shall refund the money using the same payment method used by you during the initial purchase unless you have expressly declared otherwise; in any case, you will not incur any fees as a result of the refund.
We may withhold your refund until we have received the goods or until you have provided us with proof of their return, whichever happens first.
If you withdraw from this contract, you must return the goods back to us and bear the direct costs of returning them to:
AVDA. PRAT DE LA RIBA S/N, 08780 PALLEJÀ (BARCELONA)
You shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal will not be applicable in the following cases:
– For hygiene reasons, all kinds of goods related to personal care, health and hygiene.
– Goods made according to specifications given by the customer or clearly personalized, or that, due to their nature, cannot be returned or can deteriorate or expire quickly.
– Goods that can easily deteriorate once the packaging has been opened, unless it can be confirmed that they have not been handled at all. This is done through a technical analysis of the goods by our staff or the manufacturer’s after-sales service. In this case, the process can take longer than normal.
– Goods whose seal has been broken or whose packaging has been opened or that do not have a seal
EXCHANGES AND RETURNS
If the product acquired arrives in poor condition, or there has been a shipping error, the customer can return it by sending it to our headquarters. Once the product defect or error has been confirmed, we will refund the entire amount paid, including shipping charges and return shipping charges.
We will only reimburse return shipping charges when:
1) The item is defective.
2) There has been a shipping error.
3) The item does not match the photographs on the website.
4) The order arrived after the time frames provided for in our General Purchase Terms and Conditions.
5) The package has been damaged during transport.
For any exchange or return, the product must not have been used. It must be returned in perfect condition and including labels, instructions and warranties (if any).
The refund of the amounts shall be made no later than 30 days from the time when the order is returned and using the same payment method which was used to pay for the purchase (bank card) unless a different payment method has been chosen.
LIABILITIES AND WARRANTIES FOR OUR PRODUCTS
All our products come with a warranty, in accordance with Royal Legislative Decree 1/2007 of November 16, approving the text for the General Consumer and User Protection Act. They have been authorized for sale and trade after undergoing the relevant quality controls.
Due to the nature of our products, they will no longer be under warranty if consumption of them has begun or if the expiry or best before date has already passed. Nevertheless, given the commercial products’ specific characteristics, customers must bear in mind that, as the majority of them are cosmetic and food products, they have their corresponding expiry and best before dates. These are, in any case, guaranteed to be long enough to give sufficient time for their consumption when placed on the market. This is why returns shall only be accepted if the product shows any flaw that has nothing to do with the end consumer or that is a factory defect, provided that the product has not yet been used or unsealed. In this case, we ask you to contact our Customer Service team immediately, so that they can tell you how to return the product.
OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
PLAMECA reserves the right to revise and modify these Terms and Conditions at any time.
That said, the price and the rest of the conditions for the items that you have requested will not change during the period of time that passes between your offer and its acceptance issued through the shipping confirmation, unless we are obliged to retroactively change these policies, notices, Terms and Conditions or Privacy Statement by law or as a result of decisions by government agencies, in which case the possible changes will also affect the orders that you may have placed previously.
APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the contracts for product purchases through this website will be governed by Spanish law.
The resolution of any claim, litigation or dispute that may arise between the user and PLAMECA for the use of this website shall be submitted to the Courts and Tribunals that have jurisdiction in accordance with current legislation.
Likewise, by virtue of Regulation (UE) 524/2013 of the European Parliament and of the Council of May 21, 2013, which facilitates the resolution of disputes that may arise in online commerce between companies and consumers, according to Article 13 of the Regulation: “Member States shall ensure that traders established on their territories inform consumers about the ADR entity or ADR entities by which those traders are covered” It is for this reason that the ONLINE DISPUTE RESOLUTION body shall act as a neutral party and valid intermediary between both parties largely in an attempt to avoid going to the courts of justice.
As a result, the online platform has been made available to consumers:
You can consult further information in Article 14 Section 1 of the ODR-VO—downloadable in PDF format from the following link:
COMMENTS AND SUGGESTIONS
We welcome your comments and suggestions. We kindly ask you to send such comments and suggestions using our contact form or by sending an e-mail to the address firstname.lastname@example.org
or by calling our Customer Service team at (+34) 932 634 565 / (+34) 932 634 463
COMPLAINTS, CLAIMS AND REPORTS
Article 211-14 of Law 22/2010 of July 20 of the Consumer Code of Catalonia—which falls under the requirements applicable to any type of consumer relation or to any relationship established between, on the one hand, businesspeople, intermediaries or the Administration as a provider of goods and services, and on the other, consumers—stipulates that all businessmen or businesswomen should have complaint or report forms available, in accordance with the relevant regulations.
This is why PLAMECA makes the official complaint forms available to users according to the provisions set forth in Decree 121/2013 of February 26, regulating the official forms for complaints, claims and reports in consumer relations, by clicking here.
Once the official form has been filled out in accordance with Article 7.3 of the aforementioned regulation, users may send the request to the mailing address AVDA. PRAT DE LA RIBA S/N, 08780 PALLEJÀ (BARCELONA) or the e-mail address email@example.com