Purchase Conditions of the website http://forjarafael.com

1. Generalities

These general contract conditions apply to all the commercial transactions performed in our online shop, http://forjarafael.com , herein after The Seller. For more information about The Seller and our Privacy Policy, please read the Legal Warning you can find at the bottom of this shop.

These legal conditions adjust to the different Spanish legal regulations related to the virtual selling of products and services such as: the Law No. 7/1996, of January 15th, on Regulating Retail Trade (reformed by the Law No. 47/2002); the Law No. 34/2002, of July 11th, on Information Society and Electronic Trade Society Services (reformed by the Royal Decree-Law No. 13/2012, of March 30th); the Royal Decree No. 1/2007, of November 16th, rewritten text on the General Law on the Protection of Consumers and Users; the Law No. 3/2014, of March 27th, for which is modified the restated text of General Law for the Protection of Consumers and Users, and other complementary laws, approved by the Royal Decree-Law No. 1/2007, of November 16th; the Law No. 44/2006, of December 29th, on improvement on the Protection of Consumers and Users; the Royal Decree No. 1906/1999, of December 17th 1999, in order to Regulate Phone or Electronic Contract with General Conditions; the Organic Law No. 15/1999, of December 13th, on the Protection of Personal Data; the Royal Decree No. 1720/2007, of December 21st, which approves the Regulation implementing the Organic Law No. 15/1999, of December 13th, on the Protection of Personal Data; the Law No. 56/2007, of December 28th, on Measures to Promote the Information Society; the Law No. 29/2009, of December 30th, which modifies the Legal Regime Governing Unfair Competition and Advertising to Improve Consumer and User Protection; the General Telecommunications Law No. 32/2003 (reformed by the Royal Decree-Law No. 13/2012, of March 30th).

The Seller reserves the right to modify these General Conditions, with the aim of adapting them to current legislation applicable at all times, the latest jurisprudences and customary market practices.

Please read these Purchase Conditions and our Privacy Policy before placing your order. In case you do not agree with all the Purchase Conditions and the Privacy Policy, you should not place an order.

Only people with sufficient legal capacity to direct contracts related to the kind of goods and services presented on this website can place orders on the online shop.

By providing his/her data, the user accepts the Legal Conditions and the Privacy Policy of the online shop.

The User hereby undertakes to use the online shop in accordance with Law, the General Usage Conditions, the Legal Warning, and other notices, use regulations and instructions to his/her knowledge.

The User is bound to use the Contents diligently, correctly and licitly, and, in particular, he or she commits to abstain from: (a) using the Contents in a way, and with ends or effects contrary to the law, morale, and generally accepted good practices and public order; (b) reproducing or copying, distributing, allowing access to the public through any public communication modality, transforming or modifying the Contents, unless there is an authorization of the titleholder of the corresponding rights or that such is legally allowed; (c) suppressing, eluding, or manipulating the copyright, and other identifying data.

It is forbidden to carry out any kind of advertising or commercial information directly or in covert form, the sending of mass mailing (spamming) without proper authorization.

It is also strictly prohibited to perform actions that could produce in the online shop or through it by any means any kind of damage to the systems of The Seller, their legitimate owners or third parties.

Any link made with the content shall require the prior consent of The Seller and shall allow, by means of an appropriate visualisation, the identification of its origin. The use of such information on other Internet sites shall require the express authorization of The Seller.

The Seller reserves the right to deny or withhold access to the online shop and/or its services provided therein, at any time and without prior notice, to any user who violates these General Conditions or breaches any of the requirements established by the Law No. 34/2002, of July 12th, on Information Society and Electronic Trade Society Services.

2. User Registration

The access, use of certain services and applications offered in the website require the previous registration of the user via the registration form. The data provided by the users in the form will be stored in automated files, whose owner and holder is The Seller. The treatment of said files and data will be subject to the Spanish Organic Law No. 15/1999, of December 13th, on the Protection of Personal Data, and its development regulations.

The users who contract via the website http://forjarafael.com state being of legal age. The contracting by minors require the prior authorization of their parents, guardians or legal representatives, who will be held responsible for all acts performed by the minors in their care.

You hereby undertake to maintain your password safe and to use it confidentially, as you are fully responsible of the fraudulent activities performed using said password. It is your duty to notify immediately THE COMPANY about the possibility of any non-authorized use of your password, loss or mislaying.

3. Identification

FORJA RAFAEL, C.B., VAT No. E19315571, and with address at C/ ESCARICHE Nº1-Postal Code. 19160 CHILOECHES (GUADALAJARA). Any communication can be sent to the place of business, or to the national email address info@forjarafael.com , and the international export@forjarafael.com .

4. Activity

The Seller manufactures wrought iron products, grilles, banisters, furniture, doors, fences, etc.

5. Content and Information provided in the Website

The Seller reserves the right to modify the commercial offer presented in the website (modifications of products, prices, promotions and other commercial and services conditions) in any moment. The Seller makes every effort within its means to provide the information in the website in a truthful manner and without typographic errors. In case that, at some point, an error of this kind would appear, at all times outside of the will of The Seller, it will be corrected immediately. In case of a typographic error in one of the displayed prices and a customer had made a purchase decision based on that error, The Seller will notify of the error and the customer will have the right to revoke the referred purchase without cost.

The contents of the website of The Seller may sometimes show provisional information about certain products. In case that the information provided fails to correspond the product features, the customer will have the right to revoke the referred purchase without cost.

The Seller is responsible for the information, contents, affirmations and expressions included in the products.

6. Sales system

To make a purchase, the order can be delivered to us using the “shopping cart” in the virtual shop. Additionally, the order can be delivered to us via e-mail, telephone, fax (this last one, in case the order is supposed to be collected in shop by the customer).

7. Applicable taxes

The prices of the products displayed on the website of The Seller include the Value Added Tax (VAT) which, when applicable , has to be applied.

The purchases that will be delivered within the territories of any of the member states of the European Union will be subject to VAT. The purchases that will be delivered to territories that are not members of the European Union, Canary Islands, Ceuta or Melilla are exempt from VAT.

8. Method of payment

The Seller offers the Users and buyers to choose between the following methods of payment:

Credit or debit card

You will be redirected to the safe page of our banking institution, where the data of your credit card is encrypted using SSL. The data of your card will never be stored.

Bank transfer

You can also pay your purchases by transfer payment. When you finish your purchase, you can see the number account of our banking institution. When the transaction is received, your order will be prepared on our storehouse and will be sent to the specified address.

It is important that you indicate the order number in the concept of the bank transfer.

9. Method, costs and delivery time.

The service expenses of the delivery will be added to the total cost of the selected products when the order is made. If the order exceeds 50€, the delivery will be free within the peninsular territory.

The customer will be allow to choose the method of delivery from the possibilities to his/her delivery place.

The Seller sends the orders to its customers via different national and international renowned prestige transport companies.

10. Rights of the purchaser and return policy

The Seller will only accept returns that meet the following requirements:

If the article received by the customer is not what the customer ordered. The correct article will be delivered as soon as possible.

The Seller guarantees their customers the availability and the delivery time of the products as stated in the website.

The customer will have 14 calendar days after the date he/she notifies his/her cancellation decision to the entrepreneur. The entrepreneur has a period of 14 calendar days of the withdrawal to complete the refund of the amount paid, including shipping costs. The customer will notify The Seller within the stipulated time and by any means offered by the law, his/her wish to exercise his/her right to resolve the contract. The returned order shall be delivered along with the delivery note and, where appropriate, the bill invoice issued to The Seller. The customer will not be allowed to return an article to The Seller if said article is not defective. If a product different from the ordered by the customer is delivered by mistake of The Seller, the mentioned product will be removed and the correct product will be delivered without additional charge for the buyer.

For any incident related to the return of articles of our shop, please, contact with our Customer Service via email: info@forjarafael.com.

The Products bought using the Shop will be delivered to the address given by the User once the payment has been checked, being the delivery limit thirty (30) days as stated by the Law.

The delivery service of The Seller is performed in cooperation with different logistic operators of renowned prestige. Orders will not be delivered to post office box, hotels or any other non-permanent addresses.

The shipping fee is not included in the price of the Products. During the procedure of purchase of the Product, the User will be informed of the exact shipping fee.

Returns in use of the Right to Cancel the purchase.

1. The product must be in the same condition in which was delivered and must
preserve its original packaging and labelling.

2. A copy of the delivery note must be included within the package, which will include the returned products and the reason for the return.

The return will be carried out as soon as possible, and, in any case, within the period of 14 days of the date in which you notified us about your withdrawal intention. The return will be effected to the same credit card used to pay the purchase, if the purchase was paid with credit card, or by bank transfer, for the COD orders, to an account whose owner is the same person that performed the order. The customer must send this data by email. You will accept the cost and risk of returning the products, as it has been stated before.

Those products that are not in the same condition as received, those used beyond the opening of the product, or those personalized items (customized articles) will not be exchanged or refunded.

This provision does not violate the rights recognised to the consumer by the current legislation.

Return of Defective Products

In circumstances where you consider that the product does not match with what is stipulated in the Contract, you must contact us immediately via our contact form info@forjarafael.com , providing the information of the product and its damage. In some cases, we might request a photograph of the imperfections.

When The Seller receives the notification, it will contact you to inform how you must proceed and which courier agency you must proceed with. As a rule, the following are the steps to follow:

You must return the product to the address indicated in the bill you will receive via email, providing the following data:

1. Personal Data
2. Email Address
3. Order Number
4. Reason for the Return
5. Date of the Reception of the Order
6. Date of the Return

Please, return the article using its original packaging, its instructions, documentation and packages that may come with the article.

When we receive the merchandise to be returned, we will examine thoroughly the returned product and we will communicate you via email, within a reasonable period of time, if its return or replacement is appropriate (in your case). The return or replacement of the article will be carried out as soon as possible and, in any case, within the 14 days following the date in which we send you an email confirming that the return or replacement of the defective article is appropriate.

In cases where the product or products cannot be replaced, the amount paid for those returned products, because of any flaw, should this really exist, will be reimbursed in full. This includes the shipping costs incurred for delivering the article and the costs you may have had to pay to return the article to us.

Partial returns and cancellations will result in partial reimbursement of the total amount paid for the entire order. The costs of transport, reimbursement and gift wrapping will not be refund if the return is partial.

The return will be carried out using the same credit card used to pay the purchase or by bank transfer for the COD orders.

11. Obligations of the Customer

The customer of The Seller undertakes to always provide truthful information on the requested data in the user registration form or in the placement of the order, and to maintain the information updated.

The customer undertakes to accept the dispositions and terms of the current General Contract Conditions, on the understanding that they represent the will to offer the best service possible for the activity carried out by the Seller.

Additionally, he/she undertakes to save confidentially and diligently the personal access keys to our website

The customer undertakes to facilitate the order delivery providing a delivery address in which the requested order can be delivered within the usual hours of goods delivery (Monday to Friday, from 10:00 to 13:30 and from 16:00 to 20:00). In case of failure of the customer to this obligation, The Seller will not be hold responsible for the delay or impossibility of delivery of the order of the customer.

12. Applicable Law and Competent Jurisdiction

The trades carried out with The Seller are submitted to the Spanish Law. In case of conflict or disagreement, the place of jurisdiction will be the courts and Tribunals of Guadalajara (Spain).