These general terms and conditions of sale apply, without restriction or reservation, to sales made by the company MERLOLAB, S.L.L. (hereinafter PISO FRANCO) to customers who purchase the products offered for sale through the website/App.
The sales concluded are distance sales regulated by current Spanish legislation on the subject.
These general terms and conditions of sale are accessible at all times from the website/App and shall prevail over any other document with which they contradict, without prejudice to the provisions of current legislation.
These general conditions of sale, together with the purchase order/subscription request sent upon acceptance, constitute the contract between PISO FRANCO and any user (hereinafter the Client) who makes a purchase of teaching material through the website/App (hereinafter the Website/App).
When sending the order, the customer must activate the I ACCEPT THE TERMS AND CONDITIONS OF SALE box on the form.
By accepting the conditions by ticking the box, the customer declares to have read the present conditions, declares to accept them without reservation and gives his express consent to all the contents of the contract in the version published at the time of acceptance, committing himself to their full compliance. In the event that these general conditions of sale are modified, they shall be binding for all purchases made after their publication on the website/App).
Identification of the parties
In compliance with Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, PISO FRANCO offers the following information as the contracting party that owns the Website/App:
MERLOLAB, S.L.L.
Registered in the Mercantile Register of Santiago, volume 392, folio 148, page SC-50999, 1st inscription.
e-mail: escritorio@merlolab.com
The Client is identified through the data provided in the purchase order/subscription request form, and is responsible for the veracity, updating and accuracy of the same. The Client declares to be over 18 years of age, to have the legal capacity to enter into contracts, and to act in his/her own name as a natural person or on behalf of a legal person. In the latter case, the Client expressly declares that he/she has sufficient power of attorney for such representation. PISO FRANCO may not meet the purchase order/subscription requests or cancel customer accounts when the data provided are inaccurate, false or incomplete.
To make the purchase/subscription is necessary that the customer is registered as such, for which will be taken to a page to fill in all the information necessary to open an account if it is the first order/subscription, or to be identified if you already have an account.
The information required to open an account is: first name, surname, billing address, telephone number, e-mail address, user name and password.
Purpose
The purpose of these General Terms and Conditions of Sale is the supply by PISO FRANCO of the products, content and services purchased by the customer from those offered on the Website/App, in order to be used by the customer. This supply will be carried out under the terms and prices set out in these Conditions of Sale.
These conditions are formulated in accordance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, Law 7/1996, of 15 January, on the Regulation of Retail Trade, and Law 34/2002, of 11 July, on information society services and electronic commerce.
Products and services
The website/App offers products, content, services and reading subscriptions.
The materials are available in digital and physical format through the Website/App.
The individual product/content/service/subscription sheet provides information on the content, price and any other relevant features of the product/content/service.
In no event shall the Customer be subject to any payment or other obligations for products/content/services/subscriptions other than those covered by these terms and conditions without the express prior consent of the Customer.
Prices
The prices of the products/content/services/subscription will be in accordance with the price shown for each item on the website/App, are expressed in EUROS and do not include shipping costs or, where applicable, cash on delivery, unless expressly stated otherwise on the specific product. The prices shown may be revised and modified if conditions so require at any time. Products are available for sale while stocks last.
The products/content/services/subscriptions are served according to the rates in force on the website/App at the time of order registration. Prices are expressed in euros, including taxes.
Accepted methods of payment
a) Credit or debit card
You can pay by VISA, VISA ELECTRON, Maestro and MasterCard.
We guarantee that every transaction is 100% secure. All transactions involving the transmission of personal or bank details are carried out using a secure environment (payment gateways).
The shop uses a server based on standard SSL (Secure Socked Layer) security technology. All the information you transmit to us travels encrypted through the network. Likewise, your credit card details are not recorded in any database but go directly to the POS (Point of Sale Terminal of the Bank). When paying by card you will always be asked for the following data: Name of the cardholder, card number, expiry date and a Validation Code that coincides with the last 3 digits of the number printed in italics on the back of your card, thus offering more guarantees about the security of the transaction.
Purchase process
The purchase of a product/content/service/subscription is done through the following steps:
- Any customer can access the information and prices of each product/content/service/subscription offered on the Website/App without the need to register or provide their details. In any case, the provisions of the Legal Notice of the Website/App shall apply.
- Before making a purchase or placing an order, the user can ask any questions free of charge using the chat service, the information form, contacting by telephone or email indicated in the “Contact” section of the Website/App, previously accepting our Privacy Policy.
- If you have decided to buy directly online, the Customer must fill in the form with the data marked as obligatory. You must select the payment method and enter the data for the same according to the chosen method, as well as check the box, if desired, for the payment by instalments without interest. For further information, please refer to the “Payment Methods” section of these terms and conditions.
- In order to formalise the purchase process, the Customer must tick the “I accept the Conditions of Sale” box linked to this text. By ticking this box, the Customer expressly declares that he/she has read and understood all the stipulations of the contract, accepting them without reservation. The contract will be formalised upon receipt of the purchase order by PISO FRANCO.
- At the end of the process, the customer will receive an email confirming the payment. An App technician may contact the customer by telephone and, if not possible, will contact by email, in order to confirm all personal data for the sale, the method of payment and shipment of materials if applicable.
Throughout the purchase process, the Customer will be able to resolve any queries via the contact details that appear on our Website/App. The use of these channels for the processing of the order will not entail any additional cost for the Customer.
Shipping and delivery times
In the case of a physical product/content/service/subscription, it will be sent by courier company within 24 to 48 hours of confirmation of the data in accordance with the “Purchase Process” section of these terms and conditions.
The amount of the shipping costs is automatically calculated at the time of placing your order, depending on the selected destination and method of payment.
Shipments and deliveries are made from Monday to Friday, except holidays.
If the product delivered does not match the one requested in the order by the customer or it is defective, you must notify PISO FRANCO immediately and we will process the incident as soon as possible. To notify this type of incidents the customer must use any of the forms of contact listed in these conditions.
Right of withdrawal
In accordance with Article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, the Customer may exercise their RIGHT OF WITHDRAWAL within 14 calendar days from the date of formalisation of the purchase or, where appropriate, from the date of receipt of the products by the customer or a third party authorised by the customer, other than the carrier, provided they retain their original packaging intact, unused, without scratches or broken packaging, where applicable, from the date of receipt of the products by the customer or a third party authorised by the customer, other than the carrier, provided that they retain their original packaging intact, unused, without scratches or broken or damaged packaging and including all documentation accompanying the product and its accessories.
The exercise of the right of withdrawal shall not be subject to any formality, being sufficient for the customer to communicate to PISO FRANCO their will within the period indicated above, being able to use for it the withdrawal form that accompanies the purchase order, or proceeding to the return of the products received under the terms outlined above (in its original packaging intact, unused, without scratches or broken or damaged packaging, without scratches or broken or deteriorated and including all documentation accompanying the product and accessories, unused, without scratches or broken or damaged packaging and including all documentation accompanying the product and its accessories) indicating in the shipment your unequivocal statement of withdrawal and identifying invoice number or personal data or personal data used in the purchase.
The customer will be responsible for the return costs, unless the return is due to incorrect or faulty delivery.
Once the right of withdrawal has been exercised by the customer, the amounts paid by the customer will be refunded within a maximum period of 14 calendar days, cancelling the purchase. Notwithstanding the foregoing, PISO FRANCO may withhold reimbursement of the amounts until it has not received the products to be returned by the Customer, which must make a correct packaging to ensure their transport without damage. Once received and verified by the staff of PISO FRANCO that the product is in the same condition in which it was sent, we will proceed to refund the amount of the article.
The refund will be made using the same form of payment used by the Customer in the initial transaction, unless expressly agreed otherwise; in any case, the Customer will not have to bear any cost as a result of such reimbursement.
However, in accordance with the provisions of Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, the Customer may not exercise the right of cancellation/withdrawal in the case of digital content products that are not provided on a material medium when the performance has begun with the prior express consent of the Customer with the knowledge on his part that he loses his right of withdrawal.
Intellectual property rights
All elements of the Website / App and materials are the exclusive property of PISO FRANCO or has authorization or license with respect to the owners of their exploitation rights. In turn, all trade names, trademarks or distinctive signs, logos, symbols, mixed, figurative or nominative marks that appear on this Website/App belong to PISO FRANCO or has, with prior authorisation, the right to use them and are protected by the legislation in force in this regard.
Any partial or total reproduction is expressly prohibited and could constitute a civil and criminal offence.
By purchasing a product/content/service/subscription, the Client receives a limited, non-exclusive and non-transferable licence to use the contents thereof, which shall not be extended to third party users, nor to any other companies or companies with which the Client maintains or may maintain any shareholding or commercial relationship whatsoever. The Client may not under any circumstances, except with the express written consent of PISO FRANCO:
- Provide or disclose to third parties your username and password;
- Allow access to third parties to the contents of the material / subscription purchased;
- Distribute, communicate, reproduce or copy the content of the material, in any support or medium.
Failure to comply with the provisions of this clause shall be cause for early and automatic termination of the contract, without the need for prior notice, all without prejudice to the responsibilities of the Client with respect to infringements of intellectual and industrial property rights owned by PISO FRANCO or third parties.
Any use or service not expressly authorised in these Conditions, must be requested by the Client to PISO FRANCO, so that it can study a possible extension of the licence or contracting of new services, under the conditions agreed by the parties.
Under no circumstances may the Client hide, damage or obscure the visibility of the brands, logos, company name and other industrial and/or intellectual property rights of PISO FRANCO on the platform or the educational content. The intellectual and industrial property rights shall subsist on the platform and all its contents, and the Client must respect them, and may not, therefore, by way of example, delete or hide them.
Language
The general conditions are formalised in Galician, Spanish, English and Portuguese. PISO FRANCO may translate these general conditions, as well as the privacy policy, or any other operating rule, policy or procedure that may be published on the website/App. Notwithstanding the above, the Galician/Spanish/English/Portuguese version shall prevail in the event of conflict.
Guarantee
In general and unless otherwise stated, the warranty for the sale of defective products is 2 years, in accordance with the conditions set out in the Royal Legislative Decree 1/2007 which approves the Consolidated Text of the Law for the Defence of Consumers and Users.
In order for this guarantee to be valid, the product must have a defect of origin and the customer must keep the purchase invoice for the product.
The guarantee only covers defects of origin, in accordance with current legislation.
That is to say, the deterioration of the product due to normal use is excluded, as well as breakage or wear and tear due to improper use, which in any case will be the responsibility of the customer.
PISO FRANCO offers the customer the possibility of exchanging the purchased product for another of equal or lesser value, within 30 days of receipt of the purchase order by PISO FRANCO.
Within the aforementioned period, the customer will also have the possibility of exchanging the product purchased for another of higher value as long as he/she pays the difference of the higher price.
The digital content customer may:
- Request the repair as long as it is not impossible for PISO FRANCO or involves a disproportionate cost. After the repair, the digital content or service must be restored without charge to the customer and within a reasonable period of time.
- Request a refund of the amount paid, in whole or in part, when it is not possible to repair the content, to do so within a reasonable period of time, when the defect persists after repair and if it is a serious defect. If the service or content has been provided correctly for a period of time, only a partial refund will be made.
Invalidity
In the event that any of the conditions contained herein are declared null and void, in whole or in part, by any court or competent authority, the remaining conditions shall remain valid, unaffected by the declaration of nullity, unless the parties mutually agree to terminate the agreement.
The covenants, clauses and conditions that make up this document constitute the formal and definitive expression of the declaration of will of the parties, and they must be interpreted by each other, attributing to the dubious ones the meaning that derives from all of them together.
Non-performance
In case of breach or lack of timely or proper performance of any of the obligations of the customer, PISO FRANCO shall be entitled to notify the total or partial termination of the contract and / or suspension of the provision of services. This will be done by reliable notification, without the need for further warning of default or judicial intervention, and without PISO FRANCO be liable for damages, without prejudice to any other rights to PISO FRANCO.
As soon as any of the above circumstances occur, all claims that PISO FRANCO has against the customer shall become payable immediately.
The customer authorises PISO FRANCO to assign or transfer, in whole or in part, the rights arising from the creditor position to a third party, by simply notifying the customer in writing.
The customer authorises PISO FRANCO the transfer of their personal data to third party companies for the management of the payment of the outstanding debt and / or creditor position of PISO FRANCO.
Complaints and claims
The customer can send PISO FRANCO their complaints, claims or any comments you wish to make through the contact details provided at the beginning of these general conditions.
PISO FRANCO also has official complaint forms available to the customer that can be requested to PISO FRANCO at any time, using the contact details provided at the beginning of these general conditions.
In compliance with Article 14 of Regulation EU/524/2013, EyDC as an EU-based online operator contracting electronically with EU-resident consumers includes on its website a link to the new page developed by the European Commission on the online dispute resolution platform https://ec.europa.eu/consumers/odr.
Disputes
The customer is informed that any controversy or dispute that may arise from this contract may be resolved in the Spanish Courts and Tribunals corresponding to the consumer’s place of residence.
Applicable Law
The applicable legislation will be that in force in Spain or, failing that, in the European Union.
Protection of Personal Data:
The provisions of the Privacy section shall apply.
Contact
You can contact us from the Contact section.