General Terms and Conditions
This contractual document will govern the General Conditions for contracting products or services (hereinafter, "Conditions") through the website roble.store, property of MANS NETWORK SL, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Web.
These Conditions may be modified at any time. Therefore, it is the responsibility of the USER to read them periodically, since those in force at the moment of placing the order will be applicable.
The contracts will 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.
The acceptance of this document implies that the USER:
1. You have read, understand and comprehend what is set forth herein.
2. Is a person with sufficient capacity to contract.
3. Assumes all obligations set forth herein.
These conditions shall have an indefinite period of validity 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 contracted by the USER is MANS NETWORK SL, with registered office at C/Rosello, num 346
Planta entresuelo, door 5, 08025 BARCELONA (Barcelona), NIF B67414110 and with customer/USER service telephone +34 631 094 008.
And on the other hand, the USER, registered on the website with a name and email, 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 relationship of purchase and sale between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process. The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed to
through the website, of a specific product.
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), concerning the
It is reported 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 contract clauses.
2. Shipment of orders.
3. Right of withdrawal.
5. Force majeure.
7. General terms and conditions of the offer.
Price and period of validity of the offer.
9. Transport costs.
10. Form of payment, costs and discounts.
11. Purchase process.
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
The PROVIDER will not send any order or activate any service until it has verified that payment has been made.
Shipments of goods will usually be made by express courier TNT, Mudanzas Transit, DB Schenker, Packlink, Guillem Marítimo, among others, according to the destination freely designated by the USER. You will know which company is responsible for delivering your order once you complete the purchase process and the deadlines for delivery.
By default, the delivery of the order is at street level, but you can request special home delivery. The availability and cost of this service must be confirmed by the PROVIDER as it depends on the location of your home and the transport companies selected for the specific order.
Failure to execute the contract remotely
Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a material 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, 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.
The delivery time, and provided that the product is in our stock, is usually between 3 and 12 working days for shipments in Spanish territory, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the merchandise has been confirmed and the complete payment of the order has been verified.
Some products have a longer delivery time, which appears as a guideline in the product description. In any case, the USER will be informed of the expected delivery time at the time of confirming the purchase with our response email.
If multiple items are ordered with different delivery times, the longer delivery time will apply to the entire order as they ship the entire order at one time. If the USER wishes to receive items as they become available, separate orders must be placed. In that case, separate shipping charges will apply to each order.
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 information provided by the USER.
The delivery will be considered completed when the carrier has made the products available to the USER and the USER, or his delegate, has signed the delivery receipt document.
The USER will be able to track his order through the means that will be made available to him at the time of purchase in the email response to his purchase. In this way, he will be aware at all times of the status of the shipment.
It is up to the USER to verify the products upon receipt and expose all the caveats and claims that may be justified in the document of receipt of delivery. It is very important that the USER checks at the time of delivery the good condition of the product and its packaging, being able, at the same time, to report any faults or damage in the document "Delivery note" to be signed at the time of receipt of the product. It is very important to verify the delivered product or its packaging before signing the "Delivery Note".
If the USER verifies that the packaging has been damaged, he/she must indicate in the "Delivery Note" the following observation: "PRODUCT DAMAGED".
The signature of the "Delivery Note" with observations for damages, does not subtract the right of the USER to check later the possible flaws or damages of the product and to proceed to its claim. We enclose THIS GUIDE
with the instructions to formalize the complaint or request for return/refund of the product.
If the USER signed the "Delivery note" without making any kind of observation in relation to defects or faults of the product, we will understand that the product has been delivered in good conditions and in case of a possible claim it will be the USER the one in charge of demonstrating the veracity of the defect or fault of the product.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and/or claim the possible vices or defects that the product or service presents, both in online mode, as offline.
The USER has a period of 14 calendar days, counted from the date of receipt of the product, for the return of the product (Article 71 of Law 3/2014, of March 27). 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 without having been used.
The right of withdrawal may not be applied in the following cases:
If the product is not presented in perfect condition.
2. If the product packaging 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 open without being able to demonstrate that it has not been used.
4. 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.
5. In the supply of products made according to the USER's specifications or clearly personalized.
All returns must be communicated to the PROVIDER, requesting a return number by means of this RETURN FORM or by e-mail to email@example.com, indicating the corresponding invoice or order number.
Once the USER has received the return number, the USER shall send the product to the PROVIDER, indicating this number on the letter of dispatch, with the transport costs at the address of MANS NETWORK SL, Showroom Roble.Store, Av Diagonal 352, 08013 Barcelona or Calle Modena 33, Las Rozas, Madrid.
The PROVIDER, will proceed to refund, in the case of withdrawal, the amounts paid by the USER within 14 days maximum from the return of the product and by the same means of payment that the USER had chosen for the purchase.
IMPORTANT: Any product with a delivery time of more than 7 working days is treated as a pre-order. In this case, if the USER refuses to accept the delivery of the product or changes his/her mind during the shipping process and refuses the product, except in cases of damage or delay in delivery, the PROVIDER reserves the right to retain 50% of the amount of the order for the costs incurred.
The PROVIDER reserves the right to cancel any purchase within 24 hours after the USER has completed it, if there is an obvious error in the price of a product.
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: MANS NETWORK SL, Tienda Roble.Store, Av. Diagonal 352, 08013, Barcelona (Barcelona)
Telephone: + 34 601368053
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 the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order 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.
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is considered void or impossible to fulfill, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these conditions in their entirety.
7. GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to the present Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of MANS NETWORK SL or to what is stipulated herein, will have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements
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 shipping costs, handling, packaging, shipping 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 will be 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 can 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 or not there is availability of products.
Any payment made to the PROVIDER involves the issuance of an invoice in the name of the registered USER or the company name that the USER has informed 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 +34 601368053 or via email to the address firstname.lastname@example.org.
9. TRANSPORTATION COSTS
Prices do not include shipping or communication costs, installation or unloading, or complementary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the time of saving the basket or budget, as they are calculated by the weight of the products and the delivery address. We remind you that, by default, the delivery of the order is at street level, but
can request special home delivery. The availability and cost of this service must be confirmed by the PROVIDER as it depends on the location of your home and the transport companies selected for the specific order.
The transportation rates applied are as follows:
Transportation in SPAIN-PENINSULA:
Products from 5 to 24 Kg: Free delivery
From 25 to 39 Kg: 30 €
From 40 to 69 Kg: 50 €
From 70 or more Kg: 90 €.
For shipments within the Spanish peninsular territory, some products may have a shipping rate of 0 € during promotional campaigns.
Transports to BALEARIC ISLANDS, SANTA CRUZ DE TENERIFE, CEUTA AND MELILLA:
From 5 to 39 kg: 100 EUR
From 40 to 69 kg: 200 EUR
From 70 to 200 kg: 300 EUR
For shipments to these non-peninsular areas of the Spanish territory, the 0 € rate is never applied during promotional campaigns.
Transports to FRANCE, GERMANY, BELGIUM, ITALY, THE NETHERLANDS AND PORTUGAL:
Products from 5 to 24 Kg: 50 €
From 25 to 69 Kg: 90 €
From 70 or more Kg: 190 €
Transports to OTHER EU COUNTRIES AND UNITED KINGDOM:
Products from 5 to 24 Kg: 60 €
From 25 to 39 Kg: 140 €
From 40 to 49 Kg: 160 €
From 50 to 59 Kg: 175 €
From 60 to 69 Kg: 190 €
From 70 or more Kg: 250 €
All international shipments to EU countries (European Union) are carried out by the transport company DB SCHENKER. Delivery within the EU takes approximately 7 to 14 working days. In any case, the USER will be informed of the expected delivery time at the time of confirming the purchase with our reply email.
IMPORTANT: The USER is offered the possibility of assembling the product upon receipt. This option is only applicable to deliveries made in the city of Barcelona. The assembly service is not available in other destinations. The price is 20 € and must be requested in the purchase process by the USER.
REMEMBER to enter the exact shipping address so that we can calculate the exact shipping costs and provide you with information on delivery times as accurately as possible.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER offers the following ways to pay for an order:
The website offers the possibility of payment by credit card or in installments through our SEQURA service. During the purchase process, the USER will be able to choose this option for the products specially indicated with this payment variant. The SEQURA service is only available for Spanish citizens (with Spanish identity card).
Likewise, the PROVIDER shall make available to the USER promotions or discounts on the products chosen by the PROVIDER and on the dates or campaigns applied by the PROVIDER, and may be chosen or applied by the USER during the purchase process.
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of the
corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same or negatively influence them.
All technical measures to ensure the security of online payments are implemented by the hosting provider and the PROVIDER does not store or possess information related to payment processing on its computers, servers or any other virtual storage media.
The following activities are prohibited under the card brands' programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PURCHASING PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the cart. In the basket, only the items, the quantity, the price and the total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
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 basket you can place an order following the following steps for its correct formalization:
1. - Verification of the billing data.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Placing the order (purchase).
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 placement 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.
12. 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.
13. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to him for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope of application.
1. Contracts for the sale and purchase of products and contracts for the supply of products to be produced or manufactured are included within the scope of this title.
2. The provisions of this title shall not apply to products acquired by judicial sale, to water or gas, when they are not packaged for sale in delimited volume or determined quantities, and to electricity. Nor shall it apply to second-hand products purchased at administrative auctions which consumers and users may attend in person.
Article 116. Conformity of the products with the contract.
Unless proven otherwise, it shall be understood that the products are in conformity with the contract provided that they meet all the requirements expressed below, unless the circumstances of the case any of them is not applicable:
a) They conform to the description given by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
b) Are suitable for the uses to which products of the same type are ordinarily intended.
c) Are suitable for any special use required by the consumer and user when he has made it known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.
d) Present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or labeling. The seller shall not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to have been aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not have influenced the decision to purchase the product.
2. The lack of conformity resulting from improper installation of the product shall be equated to lack of conformity of the product when the installation is included in the contract of sale or supply regulated in Article 115.1 and has been performed by the seller or under his responsibility, or by the consumer and user when the faulty installation is due to an error in the installation instructions.
3. There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or which have their origin in materials supplied by the consumer and user.
Article 117. Incompatibility of shares.
The exercise of the actions contemplated in this title shall be incompatible with the exercise of actions arising from the remedy for hidden defects of the sale.
In any case, the consumer and user shall be entitled, in accordance with civil and commercial legislation, to be compensated for damages arising from the lack of conformity.
Article 118. Liability of the seller and rights of the consumer and user.
The consumer and user has the right to the repair of the product, its replacement, price reduction or termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicates to the seller the option chosen, both parties will have to comply with
it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases where the repair or replacement fails to bring the product into conformity with the contract.
2. A form of remedy shall be deemed disproportionate if it imposes unreasonable costs on the seller in comparison with the other form of remedy, taking into account the value that the product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the consumer and user.
In order to determine whether the costs are unreasonable, the costs for one form of remedy must also be considerably higher than the costs for the other form of remedy.
Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the consumer and user. This free of charge shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
b) They shall be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and their purpose for the consumer and user.
c) The repair suspends the computation of the periods referred to in Article 123. The suspension period will start from the moment the consumer and user places the product at the disposal of the seller and will end with the delivery to the consumer and user of the repaired product. During the six months following the delivery of the repaired product, the seller shall be liable for the lack of conformity that motivated the repair, it being presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided in this chapter.
e) The substitution suspends the periods referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. To the substitute product will be applicable, in any case, the article 123.1, second paragraph.
f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided in this chapter.
g) The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
Article 121. Price reduction and termination of the contract.
The price reduction and termination of the contract shall proceed, at the option of the consumer and user, when the latter could not demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer and user. The resolution will not proceed when the lack of conformity is of minor importance.
Article 122. 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 such delivery.
Article 123. Deadlines.
1. The seller shall be liable for any lack of conformity that becomes apparent within two years of delivery. In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
Unless there is evidence to the contrary, delivery shall be deemed to have been made on the day shown on the invoice or purchase receipt, or on the corresponding delivery note, whichever is later.
3. The seller is obliged to deliver to the consumer or user who exercises his right to repair or replacement, documentary proof of delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right.
Similarly, together with the repaired or replaced product, the seller shall deliver to the consumer or user documentary proof of delivery stating the date of delivery and, where appropriate, the repair carried out.
4. The action to claim compliance with the provisions of Chapter II of this Title shall be barred three years after delivery of the product.
5. The consumer and user must inform the seller of the lack of conformity within a period of two months from the time he became aware of it. Failure to comply with this deadline will not entail the loss of the right to the corresponding remedy, being the consumer and user, however, responsible for the damages actually caused by the delay in communication.
Unless proven otherwise, it will be understood that the communication of the consumer and user has taken place within the established period.
Article 124. Action against the producer.
When it is impossible for the consumer and user or it is an excessive burden to address the seller for the lack of conformity of the products with the contract may claim directly to the producer in order to obtain the replacement or repair of the product.
With general character, and without prejudice that the responsibility of the producer will cease, to the effects of this title, in the same terms and conditions that those established for the seller, the producer will respond for the lack of conformity when this one refers to the origin, identity or suitability of the products, in accordance with its nature and purpose and with the norms that regulate them.
Who has responded before the consumer and user will have the term of one year to repeat before the person responsible for the lack of conformity. This period is calculated from the moment in which the remedy was completed.
14. 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 subject to these Conditions.