In the electronic commerce environment of Activities flor de Lirio SLU with NIF B22387260 (hereinafter Chupeteros.es), the Client may purchase various products. The description of each of the products will be obtained by selecting and clicking on the product that interests you.
Although Chupeteros.es has treated this aspect with extreme thoroughness, the photographs, texts, graphics, information and characteristics that illustrate the Products, may be subject to revisions and modifications by the manufacturers.
The Product that the consumer receives may not correspond exactly in appearance with the displayed image of the product included and selected on the Chupeteros.es Website –since there may have been some changes on the part of the manufacturers– but in any case it does It will belong to the same product category, with the same technical and functional characteristics as the product selected by the consumer on the Website.
The Products sold by Chupeteros.es must be used only for children of the ages recommended by the manufacturer, supervised by an adult and under the responsibility of the same. Chupeteros.es will not be responsible for the consequences of misuse or the use of an inappropriate product.
Chupeteros.es sells to the general public only new products that comply with the manufacturers' specifications.
These General Conditions of Sale and Contracting (hereinafter, the "CGV" or "General Conditions") establish the conditions applicable to all supply of products made by Chupeteros.es to all Customers through the Internet.
The purchase of products in Chupeteros.es implies the acceptance of the client in a total way and without reservations the application of the CGV as they appear on our website, as well as any particular condition that may exist.
Through these Terms and Conditions, the Client is informed that Chupeteros.es may, at any time and without prior notice, modify the content of these Terms and Conditions and of any particular condition that may exist.
Identification of the parties
The person responsible for the contractual offer is Chupeteros.es. If you want to contact Chupeteros.es, you can do so using the form located on the "contact" page of this website or any of the other forms of contact indicated there.
The consumer and user or Internet user is the purchaser of the existing products and / or services on the portal and must be over eighteen (18) years old (hereinafter, the "Client") and have full capacity to act to enter into contracts binding.
The purpose of the CGV is to determine the legal conditions applicable to the sale procedure between Chupeteros.es and the Client to allow the purchase of the goods or services offered by Chupeteros.es.
For the purposes of these Terms and Conditions, the following terms will have the meaning indicated below:
«Client or user»:
The person who accesses the Chupeteros.es website or requires the Products or services whose supply he requests from Chupeteros.es by virtue of these Terms and Conditions.
It refers to the date on which the Accepted Order is delivered.
The website www.chupeteros.es
It refers, in a generic way, to Chupeteros.es or the Client or User, while, together, they are called "Parties".
List of Products requested by the Client to Chupeteros.es.
- Those published by Chupeteros.es on its Website and updated periodically; O well
- Those communicated by Chupeteros.es prior to the formalization of the Order; and, in any case,
- Those in force at the time of placing the Order.
Childcare Parts, Articles and, in general, those products and services offered by Chupeteros.es on its Website.
Third.- Purchase process
3.1 Modalities of purchase
We put at your disposal two ways to place your Order:
Online, through our website: https://www.chupeteros.es (24h / day, 365 days / year).
By email / web form.
When placing an order and payment, a contract request between the Client and Chupeteros.es is approved.
The order will be made bindingly by the Customer by clicking on the "Validate the order" button. Chupeteros.es will send the Client within a maximum period of 48 hours, by email, a confirmation of his request indicating that his order is being carried out, which will contain the details of the contract made.
3.2 Orders and their acceptance
The User, at any time prior to the conclusion of the contract, may cancel their order and once the contract is concluded, they must comply with the provisions of the Withdrawal section of these General Conditions.
Chupeteros.es will supply the Products to the Client in accordance with these Terms and Conditions.
All Orders will be formulated using the channels indicated in section III above, “Purchase methods”. In the event that the route chosen by the Client is the Website, they must follow the instructions indicated therein for this purpose, indicating the following information:
- Selection of the product you want to purchase;
- Customer contact details;
- Place of delivery.
For the purposes of these CGV, it is established that only the one that contains the elements listed in numbers (i) to (iii) of this section will be considered as an Order. Any Order that does not contain such elements may be directly ignored by Chupeteros.es.
It is clarified that it is the sole and exclusive responsibility of the Client:
- Evaluate the characteristics of the Product according to its technical specifications and according to the needs or requirements to which it is going to be destined;
- Determine that the Product supplied by Chupeteros.es is suitable for the individual to whom it is intended to be used, the Client assuming responsibility for it in any case;
- As a consequence of the foregoing, the Client exempts Chupeteros.es from any assessment, verification or supervision of the correctness or suitability of any Product for the specific purpose for which it is to be used.
- The search for a certain product on the web is indicative. The use of these search tools does not relieve the customer of the need to verify that the selected product is suitable for their use.
Once the Order is Accepted, the Client will be obliged to receive the corresponding products and pay for them.
3.3 Prices, payment method and security
The prices of our Products are expressed in Euros. The Value Added Tax (VAT) is included in these prices, but not the shipping costs that will be borne by the Customer and must be paid additionally and which are detailed at the end of the purchase of the products.
Whatever your country of origin, all orders will be paid in Euros.
Chupeteros.es reserves the right to modify its prices whenever it deems appropriate, but the products will be invoiced based on the rates in force at the time of the order. For this reason, the Client when accessing the web page where the prices of Chupeteros.es products are shown, must ensure that they are the updated version and not a previous version that his terminal has saved in an internal memory. It is for this reason that when accessing the prices of the products and services, the Client agrees to click on the "Update" icon. Otherwise Chupeteros.es is not responsible for any divergence in the price of the product or service and the updated one must always be applied.
All Products sold on Chupeteros.es are delivered in the Iberian Peninsula and the Balearic Islands. The Spanish VAT applied at the time of purchase does not have any type of reduction.
We offer you 4 forms of payment:
By online bank card: Through REDSYS payment system
By bank transfer: the Order will be sent once your deposit has been deposited in the Chupeteros.es account.
By PayPal: More details at www.paypal.com/es
To fight against fraud in online payments and to contribute to consumer protection, Chupeteros.es has several processes.
The screens where you will enter your credit card details come directly from accredited banking entities that will receive these details. These information gateways are completely secure and are subject to all protection regulations. The SSL encryption system that we use confers total security to the transmission of data through the network. Your data is completely confidential and protected. This information will not be retained or filed by Chupeteros.es.
When you see the payment symbols, you can consider that your trade is protected. If our insurance company or our security department suspects an anomaly or fraud, we reserve the right to cancel your transaction for security reasons.
3.4 DELIVERY OF PRODUCTS
3.4.1 Delivery date
Delivery time is made up of three factors:
- Manufacturing time: corresponds to the process from which Chupeteros.es orders the preparation of the product and receives it at its facilities.
- Preparation time: which corresponds to the verification of the information provided by the Client; the preparation of the Order; and making their packages available to the transport agency.
- Estimated delivery time since the carrier receives the merchandise.
Orders are made within 2 to 5 business days.
Orders are prepared in 1 to 3 business days.
The delivery times of the carrier found during a normal period depend on the shipping method chosen by the customer.
There may be modification of the delivery times in the event of anomalies derived from the courier and transport services and due to complications at the time of supplying the Products.
Chupeteros.es undertakes to deliver orders within a maximum period of thirty days from the validation of the order.
In the event that within the same Order items whose availability dates are different, depending on their availability, the delivery time will be that of the item whose availability date is later.
Notwithstanding the foregoing, Chupeteros.es will have the possibility of dividing the deliveries of the articles. In this case, that is, the division of the Order, the transport costs will only be invoiced for a single shipment. Chupeteros.es cannot be held responsible for the consequences due to a delay in delivery.
In case of abnormal delay, you will be notified by phone or email.
Likewise, we provide a Chupeteros.es customer service. In case of incidents or if you have any questions, Chupeteros.es offers you several possibilities in the "contact" section of this website.
3.4.2 Place of delivery
Unless otherwise established in the corresponding Accepted Order, the Products will be delivered to the Customer at the address that appears in the Order, always within the territorial scope of Peninsular Spain and the Balearic Islands.
The Products ordered will be delivered to the address indicated during the purchase (the Customer must ensure the accuracy of the address given) or to the collection point indicated.
The transport will be contracted by Chupeteros.es as well as the corresponding insurance. The expenses of the corresponding transport and insurance services will be invoiced, together with the corresponding Accepted Order and according to the invoicing criteria of Chupeteros.es for such cases.
Certain categories of products, due to their dimensions, cannot be delivered through certain means of transport. For this reason Chupeteros.es reserves the right to propose only the carriers available during your purchase process.
3.5 Acceptance of the products
3.5.1 Receipt of products
The Client undertakes to accept the Products on the effective delivery date thereof, being in any case obliged to pay the corresponding price if it has not yet been made effective.
The unjustified refusal to accept the Products, according to the agreed delivery modality, will empower Chupeteros.es to consign them in favor of the Client, without prejudice to the credit rights that Chupeteros.es holds against him for the payment of the corresponding Price.
We inform you that the availability of the Products offered is subject to the volume of stocks available in the facilities of Chupeteros.es and its suppliers.
In the event that the ordered Product is not available, or in case of non-acceptance by the Customer of the delivery date, Chupeteros.es will propose a replacement product, if any. The Client will have the right to accept or reject it. In that case:
If the price difference is in favor of the Client, Chupeteros.es will assume the cost of the difference.
If the price difference is in favor of Chupeteros.es, the price difference will be returned to the Customer.
If the Client rejects the replacement product, Chupeteros.es cannot be held responsible for the lack of availability of the ordered product in the supplier's or manufacturer's stock, and payments made will be refunded.
In case of unavailability of all or part of the Order, and / or denial of the delivery date of the replacement products by the Customer, the refund will be made by bank deposit, in any case, within a period of thirty (30) days maximum from the Client's payment.
Chupeteros.es reserves the right to withdraw any Product offered on its Website at any time without prior notice. In such cases, the exercise of the power to withdraw the Products will not entitle the Customer to any claim for damages. The eventual action of withdrawing Products will not affect the delivery of those that are the subject of an Accepted Order pending delivery.
3.7 Warranties and after-sales service (“after-sales service”)
All products sold by Chupeteros.es are covered by the legal guarantee and by the legal guarantee of hidden defects.
For all Products purchased from Chupeteros.es, the Customer will benefit from the legal guarantee corresponding to the type of the Product in particular.
In any case, Chupeteros.es guarantees the Client that all Products sold by Chupeteros.es (i) will be of the nature, quantity, and quality described in the corresponding accepted budget according to which they are supplied; and (ii) they will comply with all the provisions of current legislation of both the European Union and the applicable Spanish legislation; (iii) they will be free of substantial defects in the material and in its manufacture; and (iv) will not be subject to any type of charge.
There will be no liability for lack of conformity that the Client knew about or could not have ignored at the time of the contract.
Possible deficiencies caused by normal use or wear of the products or those caused by blows or improper use will not be included.
Warranty Terms. Chupeteros.es is responsible for any lack of conformity that appears within a period of two (2) years from delivery. Unless proven otherwise, delivery is understood to have been made on the day that appears on the corresponding invoice or delivery note, if later. The Client has to inform Chupeteros.es of the lack of conformity within a period of two (2) months from when it became known.
To find out the steps that must be taken in the event of problems or breakdowns in a product, you can contact Chupeteros.es using the contact information shown on the web.
In order to benefit from the warranty, the Product purchase invoice must be kept.
The guarantees do not cover:
replacement of consumables;
the abnormal use or outside the recommended uses of the products;
defects and their consequences linked to use not in accordance with the use for which the product is intended;
defects and their consequences linked to all external causes.
3.7.2 Specific exclusion of guarantee on the suitability of the Products
Consistent with the provisions of article 3.7.1 above, Chupeteros.es does not grant any guarantee or, therefore, is responsible for the lack of suitability of the Products for the purposes intended by the Customer.
The Customer is solely responsible for the use and acquisition of the Products as well as for their correct storage and / or treatment until the date of use, thereby committing himself to defend, indemnify and hold Chupeteros.es harmless at his charges. managers, their workers, their agents or subcontractors for any costs, fees, damages, claims, expenses or procedures, including, but not limited to, claims for Products that are credited as defective.
3.7.3 Right of withdrawal:
In application of Law 3/2014, of March 27, which modifies the revised text 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, the Customer has a withdrawal period of 14 calendar days from receipt of the Product.
In case of withdrawal, the return costs are borne by the Customer and are only refundable by Chupeteros.es the price of the Product, including delivery costs (with the exception of additional costs resulting from the choice on your part of a different mode of delivery than the less expensive mode of ordinary delivery that we offer).
22.214.171.124 Ways to exercise the right of withdrawal:
According to the legal provisions, the Client has 14 calendar days from the day that the Client or a third party indicated by the Client, other than the carrier, acquired material possession of the goods to inform Chupeteros.es of their withdrawal decision.
To exercise the right of withdrawal, you must notify us at any of the addresses and contact forms present on our website. your decision to withdraw from the contract through an unequivocal statement.
For the Customer's withdrawal to be accepted, the Order must be returned to Chupeteros.es imperatively under the following conditions:
the communication regarding the exercise of this right is sent before the expiry of the withdrawal deadline indicated above;
in state of commercialization (that is, in perfect working order, clean, unused and undamaged)
Model withdrawal form:
(You only have to fill in and send this form if you wish to withdraw from the contract)
- For the attention of (here you must insert the name of the employer, his full address and, if he has them, his fax number and his email address):
- I hereby inform you / we communicate (*) that I withdraw from me / we withdraw from our (*) sale contract of the following good / provision of the following service (*)
- Order on / received on (*)
- Name of the consumer and user or of the consumers and users
- Address of the consumer and user or of the consumers and users
- Signature of the consumer and user or consumers and users (only if this form is submitted on paper)
(*) Delete as appropriate.
126.96.36.199 Conditions of withdrawal
In the event that the right of withdrawal has been exercised by the Customer in accordance with the requirements established in these Terms and Conditions, said right of withdrawal will oblige Chupeteros.es to return to the Customer the price invoiced for the returned Order. as well as the delivery costs (with the exception of the additional costs resulting from the Customer's choice of a delivery method other than the less expensive mode of ordinary delivery that Chupeteros.es offers) without any undue delay and, in In any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. Chupeteros.es will proceed to make this refund using the same means of payment used by the Client for the initial transaction, unless the Client has expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement.
Chupeteros.es may retain the refund until the goods have been received, or until the Customer has submitted proof of their return, depending on which condition is met first.
The Client will have to return or deliver the goods directly to Chupeteros.es without any undue delay and, in any case, no later than 14 calendar days from the date on which they communicate their decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before this term has expired.
The return costs will be paid by the Customer. This cost is estimated to be € 9 per order.
However, if the return is due to the lack of conformity of the Product, Chupeteros.es is responsible for the return costs.
Only the Client will be responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
3.7.4 Product change:
Only the Client will be responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
If the item has been sent incomplete or damaged, Chupeteros.es will apply an exemption depending on the diagnosis made by the After-Sales Service (SPV). Chupeteros.es will justify this exemption to the client by sending him a document prepared by the SPV.
The customer may not exchange personalized, expressly manufactured, or sealed goods that are not suitable to be returned for health or hygiene protection reasons and that have been unsealed after delivery.
Refunds will be made in the same way as the payment was made without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. Chupeteros.es will proceed to make this refund using the same means of payment used by the Client for the initial transaction, unless the Client has expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement.
3.7.5 Return of personalized products:
The products sold on Chupeteros.es are manufactured expressly at the customer's request. Said products will not be refundable unless there is a fault in the manufacture of the product or that Chupeteros.es deems so. In no case will those articles be returned in which the expected is not received because the client has not previously read the specifications associated with the product. In the event of an error on the part of the company or manufacturing failure, the conditions established in the previous sections will also apply.
Refunds will be made in the same way that the payment was made without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. Chupeteros.es will proceed to make this refund using the same means of payment used by the Client for the initial transaction, unless the Client has expressly provided otherwise; In any case, you will not incur any expense as a result of the reimbursement .. Except for the payment method on the contrary-reimbursement in which the client will have to provide Chupeteros.es with an account number to make a bank transfer.
Chupeteros.es will put claim forms at your disposal. In case you need to use them, you can send a request to the following email address email@example.com. You can also go to said email to make claims or directly to Customer Service.
4.1 Language in which the contract is formalized
The language to be used will be Spanish.
The Client's consent will not be necessary for the assignment, by Chupeteros.es, to any company in its group or to any affiliate thereof, of the obligations to comply with the Accepted Orders. Notwithstanding the foregoing, the assignment by the Client of any of the rights and / or obligations derived from the Accepted Order will require the consent of Chupeteros.es.
4.3 Intellectual and industrial property rights
The Client in no case and under no circumstances will publish or use any brand, trade name or logo of Chupeteros.es without prior written authorization from it.
The violation of any of the intellectual or industrial property rights is a crime.
4.4 FORCE MAJEURE
Neither Party will be liable for damages suffered by the other Party that are a consequence of the failure of the first Party to comply with its obligations under these Terms and Conditions when such breach is due to unavoidable events by the first Party. (Force Majeure).
However, neither of the Parties will be released for this reason from the payment obligations derived from the correct fulfillment of these GTCS.
In the event that, due to force majeure, either Party is unable to fulfill its obligations in accordance with these Terms and Conditions, the affected Party will notify the other Party of the circumstances and the anticipated delay or other adverse effects for its execution as as soon as possible.
4.5 Presumption of waiver of the right:
The fact that, at any time, any of the Parties does not demand compliance with any of the terms contained in these General Conditions of Sale will not be considered as a waiver of any right contained in them and will not prevent said Party from demanding the strict fulfillment of the term in question, or of any other term contained in the General Conditions of Sale at any other time.
4.6 Protection of personal data:
Compliance with data protection regulations: Chupeteros.es, meets all the requirements established by current regulations on the protection of personal data, and all data under our responsibility have been treated in accordance with legal requirements.
Security Measures: the appropriate technical and organizational security measures will be kept, which guarantee their confidentiality.
The information and data that you provide to Chupeteros.es, undertakes to be real and truthful.
Purposes: the data that you provide us and those that are obtained from your relationship with us, will be incorporated into a file or files owned by Chupeteros.es and may be processed for the following purposes:
- General management: they will be dedicated mainly to the purposes related to the management of general administration, maintenance, compliance, development, control and management of your purchase and relationship with us.
- Notifications from Chupeteros.es: if by providing us with your data you have indicated that you accept to receive notifications from Chupeteros.es, we inform you and you expressly consent that they be used during and after your relationship with us so that we can send you information and publicity by any means, including electronic mail or similar: (i) of products and / or services of Chupeteros.es and of third parties related to the sector; (ii) for us to send you our newsletter; (iii) so that we can carry out quality studies and surveys.
- We inform you that your personal data will not be segmented.
Data communication: the User agrees that their data be processed and / or communicated to the companies of the Chupeteros.es group. The client is informed of this temporary communication and strictly limited to the purpose of the entrusted mission. This communication will never be accompanied by an authorization to the borrower to exploit the data on his own account.
In the contracting procedure when making the payment with a Bank Card, data related to the card will be requested, among others, which will be communicated to the financial entity that manages the collection. This request will be made for the main purpose of card validation and payment of the Product or Products requested and responds to the free and legitimate acceptance of the legal relationship between the User and Chupeteros.es in which the development, compliance and control necessarily implies the connection of this treatment with third-party files, which is legitimate in relation to the fulfillment of the specified purposes.
In this case, we direct you directly to the secure electronic banking page, and the information you have (surname of the holder, card number, date of issue) is never communicated by the bank to our company.
In the payment through the service or PayPal account, the user will be redirected to the official PayPal website to enter the payment method and the necessary data for the effectiveness of the payment. Chupeteros.es does not store the information related to the user's bank details
Likewise, the data may be processed and / or communicated to third parties for the fulfillment of the legal and / or contractual obligations that may exist.
Third-party data: if you provide us with personal data of a third party, you must, in advance, have informed them and requested their consent to the points set forth herein.
Hyperlinks: on our website there are no Hyperlinks that allow the communication of your data to other websites.
Rights of those affected: if necessary, you can exercise your rights of access, rectification, cancellation and opposition, by writing to accompanying a copy of an official document that identifies you to Chupeteros.es at any of the addresses indicated on the website. Indicating on the envelope or in the subject of the message: Chupeteros.es, Legal and privacy notice.
For all this, we will understand that in the case of providing us with your data, you expressly authorize us to carry out the processing of your data as described above.
4.7 Substitute nature of the general conditions of sale with respect to previous agreements:
These Terms and Conditions replace any other oral or written agreements between the Parties regarding the subject matter of the same.
4.8 Effects of illegal, impossible, invalid or unenforceable stipulations:
Any stipulation contained in these GTCS that is contrary to the Law or that cannot be required for any reason, will be considered suppressed, without the rest of the stipulations having to lose their effects. In this case, the invalid agreement will be rectified by means of a modified text that must maintain its spirit and economic significance.
4.9 communications between the parties:
Any notification or communication that should be made between the Parties according to these General Conditions of Sale must be made or confirmed by email, without prejudice to the parties' ability to choose another reliable form of delivery.
4.9.1 Applicable Law and Jurisdiction:
These CGVs will be governed and interpreted in accordance with Spanish law. For cases in which the regulations provide for the possibility of the parties to submit to a jurisdiction, both parties, expressly waiving any other that may correspond to them, submit to the Courts and Tribunals of the city of Huesca (Spain).
In any case, Chupeteros.es will not be in any way responsible for:
any cost, charge or damage that has been incurred as a consequence of any breach by the Client of its obligations derived from these GTCS,
violation by the Client of any law or regulation regarding consumer protection, health and public order
Fifth.- Acceptance of these conditions of sale
These CGV regulate the contractual relations between Chupeteros.es and its Client, both parties accepting them without reservation. These general conditions of sale will prevail over all the conditions that appear in any other document, except prior, express and written derogation by a person with sufficient powers in force by Chupeteros.es.