By means of the acceptance of these General Conditions, the User states:
- That you have read and understood what is stated here.
- That he is of legal age in accordance with the regulations in his place of residence, otherwise the minor must have the authorization of his legal representatives.
- That, if you are willing to hire a product and / or service, you have sufficient capacity to do so.
- That assumes all the obligations set forth herein.
The User must carefully read these General Conditions each time he accesses the Website, since the same and these General Conditions may be modified.
The owner of the Website reserves the right to make, at any time, any modification or update of its contents and services, of these General Conditions and, in general, of all the elements that shape the design and configuration of the Website.
The modification of these General Conditions will not affect the goods or promotions that had been acquired prior to said modification.
This company agrees not to allow any transaction that is illegal, or is considered by the credit card brands or bank, that may or has the potential to damage the goodwill of the same or negatively influence them. The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card. In addition, the following activities are also explicitly prohibited: “Sale of alcoholic beverages to persons under 18 years of age”.
1. General information of the Website.
In compliance with the provisions of the spanish law of services of the information and electronic commerce, below is the general information of the Website:
Owner: Iberian Excellence S.L. (hereinafter, “Iberian Excellence”).
Address: Avenida de la Paz 40, Valverde de Leganés, 06130, Badajoz, Spain.
Phone: (+34) 631990693.
2. Conditions of Use.
2.1. Access and use.
Through the address located at www.iberianexcellence.com, any user can freely access the information contained in the aforementioned website.
The conditions of access to the portal are subject to the legal provisions at any time and to the principles of good faith and lawful use by the user, expressly and strictly prohibiting any type of action that could be detrimental to the portal or of third parties.
The User undertakes to use the Website and all its content and services in accordance with the provisions of law, morals, public order and these General Conditions. Likewise, it is obliged to make appropriate use of the services and / or contents of the Website and not to use them to carry out illicit or criminal activities, which violate the rights of third parties and / or that infringe the regulation on intellectual and industrial property, or any other norms of the applicable legal system.
The User agrees not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no case limiting or excluding, the User agrees to:
- Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, that advocates terrorism or that violates human rights.
- Do not introduce or disseminate data programs (viruses and harmful software) on the network that could cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public liberties recognized constitutionally and in international treaties.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.
- Not transmit unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramidal structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.
- Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
- Do not impersonate other Users by using their registration keys to the different services and / or contents of the Website.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Website or to third parties.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and the legislation of personal data.
The User undertakes to hold Iberian Excellence harmless against any possible claim, fine, penalty or sanction that may be required as a result of the user’s failure to comply with any of the aforementioned rules of use, reserving, in addition, Iberian Excellence the right to request compensation for damages that correspond.
2.2. Need of signing-up.
The use of certain services and contents may be conditioned to the previous signing-up of the user.
The data entered by the user must be accurate, current and true. The registered user will be responsible at all times for the custody of his password, assuming consequently any damages that may arise from its improper use, as well as the cession, disclosure or loss of it. For these purposes, the access to restricted areas and / or the use of the services and contents made under the password of a registered user will be deemed carried out by the registered user, who will respond in any case of the access and use.
2.3. Exclusion of responsibility.
The user’s access to the Website does not imply for Iberian Excellence the obligation to control the absence of viruses, worms or any other harmful computer element. It corresponds to the user, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
Iberian Excellence is not responsible for the damages produced in the software and computer equipment of the Users or third parties during the use of the services offered on the Website.
Iberian Excellence is not responsible for damages or losses of any kind produced in the user that bring cause of failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Website service during the provision of the same or with previous character.
2.4. Intellectual and industrial property.
All the contents of the Website like texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are property of Iberian Excellence or third parties, without which any of the exploitation rights recognized by the regulations regarding intellectual property over them may be understood to be assigned to the user.
The brands, trademarks or distinctive signs are the property of Iberian Excellence or third parties, being understood that the access to the Website does not attributes any right over them.
In any case, the user knows and accepts that the ratings and comments made on the products available through the Website may be accessible to other users of the Website, including the identity of its author.
Regarding all the comments freely hosted by the User on the Website, whether or not they include an opinion or description of the products offered (hereinafter, “the Contents”), the user grants Iberian Excellence a license for non-exclusive use of global territoriality and with the maximum duration legally stipulated. On the basis of such license, Iberian Excellence may freely exploit the rights of reproduction, transformation, distribution and public communication of the Contents, solely for the purpose of being able to provide the services offered by Iberian Excellence and to publicize its products and services.
3. Contracting Conditions.
3.1. User Registration.
The use of the services provided by Iberian Excellence implies the need to register the user on the Website.
The user must proceed to register by indicating his full name and email address among other information.
Once the user is correctly registered on the web, they can access their profile at any time. Through his profile, the user can modify their personal data as well as the data related to the sending of orders, check if there are orders pending of delivery and the possibility of canceling the account at any time indicating a reason for which you want to cancel it.
3.2. Selection of the products by the User.
Any registered User may contract through the Website the purchase of products.
The purchase process at Iberian Excellence is based on a virtual shopping basket, to which the User can add the products that he wishes to purchase.
To add products to the shopping cart, once the User is on the product description page and selected the available customization options, you must select the “Add to cart” option provided.
At all times the user can access and modify the content of the basket.
The products marketed through this website have the guarantees offered by the producers of the same. In those incidents that justify the use of the guarantee, you could choose the substitution of the article or return of the same, in the legally established terms.
Orders will be sent as long as we have stock available in our warehouse. In case we do not have punctual availability of any item Iberian Excellence is committed to contact the customer by email or by phone within 7 days, from the date of order. To communicate to the client the term in which he may get the said article (s). In the event that a product of your order is not available, Iberian Excellence undertakes to send you the rest of the available order as well as to propose an alternative to replace the unavailable product. If this is not possible, we will refund the amount of the unavailable item.
3.5. Tramitación del pedido.
Una vez se encuentren en la cesta de la compra los productos que desee adquirir, el usuario podrá iniciar la tramitación del pedido, seleccionando la opción “Ver cesta”, opción que mostrará al usuario el contenido de la cesta virtual, permitiendo la modificación de los productos seleccionados y su eliminación de la cesta de la compra.
El usuario debe asegurarse que los productos indicados en pantalla son los que desea adquirir y seleccionar de entre las zonas geográficas listadas la correspondiente a la dirección de envío. En este punto se muestra el precio total de los productos seleccionados y los gastos de envío generados. También en éste apartado, el usuario podrá visualizar, en su caso, las promociones automaticamente aplicadas a su pedido, utilizar los códigos promocionales y/o los cheques regalo de los que disponga.
Pulsando “SIGUIENTE”, el usuario accede a un panel donde deberá indicar los datos de envío; para proseguir con el proceso de contratación, el usuario debe rellenar la información del envío, incluyendo su nombre completo, teléfono y dirección, rellenando todos los campos marcados como obligatorios.
Si el Usuario desea que la dirección de facturación sea distinta a la de envío, deberá marcar la casilla “Mi dirección de facturación es diferente a la de entrega” y rellenar la información correspondiente.
En la siguiente fase del proceso de compra, el usuario deberá seleccionar la forma de pago. En este momento se indica de nuevo al usuario el importe exacto a pagar, resultante de sumar el precio de los productos y los gastos de envío, netos del eventual descuento promocional y/o cheque regalo.
Siguiendo el enlace “REALIZAR EL PEDIDO”, se conducirá al usuario a la pasarela de pago seleccionada. Una vez tramitado el pago correctamente, se tramitará el pedido de forma automática, confirmando en pantalla la información del pedido y enviando un correo electrónico al Usuario confirmando la operación.
3.6. Price of products.
The prices of the products are those indicated in the description attached to them. All prices indicated in the product description are expressed in the currency Euro (€) or Pounds (in the case of UK) (£) and include the Value Added Tax (I.V.A.).
3.7. Balance accumulation conditions.
The accumulation of balance allows you to exchange your amount when making a purchase of products through the Website.
Users can obtain a balance accumulation through their purchase through the Website and by the amounts predefined by Iberian Excellence. Each gift accumulation will be effective in the client’s account and this can be used throughout the processing of your order to benefit from the corresponding discount on your purchase.
The balance accumulation expires six months after the last purchase and will not be redeemable for money.
The products acquired through the exchange of the accumulation of balance will also be subject to the rights described in these conditions.
3.8. Way to pay.
Iberian Excellence allows the purchase of products through the following forms of payment:
- Payment by debit or credit card through a virtual POS.
- Pay by Paypal.
To use the credit card through a virtual POS, the buyer must fill out a form indicating the name of the owner of the card, type of card, expiration date of the card and security code.
Iberian Excellence does not have access to the bank details linked to the means of payment and does not know or record this information during the payment transaction.
4. Data Protection.
Iberian Excellence by virtue of the existing legal regulations in this regard, has implemented within its organization a system to preserve the security, integrity and confidentiality of the data considered as personal.
In addition to fully complying with each and every one of the requirements set forth in Organic Law 15/1999, of December 13, on the Protection of Personal Data, it guarantees not only a legal but loyal use of personal data as well as an adequate system to exercise the rights of access rectification, cancellation and opposition arranged in the aforementioned Organic Law and in accordance with article 10 of Law 34/2002 of July 11.
The hiring by the users of the services provided in this portal, will imply the express consent of this, for the use and treatment of data by Iberian Excellence.
The web www.Iberianexcellence.com will lodge all the personal data of its users in an automated file whose purpose is the management, control, prevention and maintenance of the service to be provided.
Said file complies with all the requirements and guarantees set forth in the regulations on Data Protection. Iberian Excellence will collect only and exclusively the personal data of the users, being these at all times, adequate, pertinent and not excessive. The Users authorize Iberian Excellence to process their personal data automatically, informing them that they can contact Iberian Excellence to exercise their rights of access, rectification, cancellation and opposition at the address indicated for that purpose.
Iberian Excellence is committed to the fulfillment of its custody and to the confidentiality and privacy of the transmitted data. Iberian Excellence acquires the commitment to adopt the security measures imposed by the Data Protection Law at the corresponding level and to adopt the necessary measures to prevent its alteration, loss or unauthorized access, taking into account at all times the state of the technology.
5. Nullity and ineffectiveness of the clauses.
If any clause included in these General Conditions is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, subsisting these General Conditions in everything else, being considered such provision totally or partially not included.
These General Conditions are subject to Spanish legislation, which will be applicable in relation to its validity, interpretation, execution and compliance. All discrepancies, claims and controversies with respect to the provisions set forth above will be resolved through arbitration of law in accordance with the rules of the Civil and Commercial Court of arbitration to whose regulations will be submitted. That Court shall be composed of three arbitrators appointed in accordance with said regulations. If the arbitration is not carried out by mutual agreement or was declared void, both parties will be submitted to the Courts and Tribunals of the city of Badajoz.
The user declares to have read, know and accept these General Conditions in their entirety.