GENERAL CONDITIONS OF SALE

1. INTRODUCTION

This document of General Conditions of Sale, hereinafter CGV, together with the documents mentioned therein, establishes the conditions that govern the purchase of products on the website www.latiendadelavecina.es owned by SONIA ROMERO MORENO (hereinafter THE NEIGHBOR STORE) with address in CL. JOSÉ DEL TORO, 21 – 11004 CÁDIZ and with email address: latiendadelavecinapedidos@gmail.com

We ask you to read the Terms and Conditions carefully before using this website.

By using this website or placing a purchase order through it, you are bound by these GTC, which may be modified, but the GTC in force at the time of use of the website or at the time you use it will apply. the acquisition of products is requested.

The USER can access, print, download and save the General Conditions of Sale at any time. These Conditions will be permanently accessible on the Website through the link www.latiendadelavecina.es/condiciones

The elements of the Web, as well as the products that appear for sale, have been originally created in their idea, image, production system, etc., expressly by our company. The reproduction, publication, transmission, modification or distribution by any means of any element of this website is expressly prohibited. The photographs, images, illustrations, designs, graphics, icons and any other element that is part of the Website are the exclusive property of LA TIENDA DE LA VECINA.

2. CELEBRATION OF THE SALES CONTRACT

The products for sale and that will be the subject of the contract, along with their main characteristics and their price appear on the screen.

LA TIENDA DE LA VECINA reserves the right to decide, at any time, the products that are offered to Clients. In this way, LA TIENDA DE LA VECINA may, at any time, add new products to those currently offered. Likewise, LA TIENDA DE LA VECINA reserves the right to withdraw or stop offering, at any time, and without prior notice, any of the products offered.

The CGV regulate the distance selling relationship between LA TIENDA DE LA VECINA and the user or client, in accordance with the legal stipulations, especially Law 7/1998, of April 13, on General Contracting Conditions, the Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users, the current regulations on the Protection of Personal Data (Regulation (EU) 2016/679), the Law 7/1996, of January 15, on the Regulation of Retail Trade and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce and Directive 2009/22/EC of the European Parliament and the Council, of April 23, 2009, regarding injunction actions regarding the protection of consumer interests.

Once inside www.latiendadelavecina.esy to access the purchase of the different products, the User must follow all the instructions indicated in the purchase process, which will entail reading and accepting all the general and particular conditions established on www.latiendadelavecina.esy .latiendadelavecina.es

To place orders by telephone or on our website, you must be of legal age, have the capacity to contract and you can choose whether or not to register as a user.  By doing so, you will also have the advantage that in future purchases you will be able to know the order history, your data, your payment formula, etc. To do this, you will only have to register by choosing a username and password, and indicate your tax information for billing and delivery (name, surname, ID, address, email and telephone number).

If you suspect that the order has been placed by a minor, although it will not be the responsibility of LA TIENDA DE LA VECINA, nor the verification of veracity, nor any derived effects, the purchase could be canceled by LA TIENDA DE LA NEIGHBOR and legally established precautionary measures could be adopted for the information of parents or guardians.

We will not be obliged to supply you with any product that may have been part of the order but is not detailed when we confirm its supply to you.

To purchase on our website, you must follow the online purchasing procedure and click on "Place order".

All orders are subject to our acceptance, of which you will be informed through an email or notice with the confirmation of the sale, in which we confirm that the order is in process or has been processed. This email, or notice, is considered confirmation of the sale.

The contract will be archived in electronic format. Likewise, it is recommended that you print and/or save a copy on a durable medium, as well as the proof of receipt sent by LA TIENDA DE LA VECINA,  by email.

3. AVAILABILITY OF PRODUCTS.

In general, we have sufficient stock of all the products offered. However, all orders are subject to availability and confirmation of the products on our part. Normally, next to each product, if there are few units in stock, this fact will be expressly indicated, and it is even possible that the exact number of units available.

For the purposes of these GCS, it will be understood that the order has been placed, at the time of sending the email by us, with its acceptance. Normally our confirmation time is very short or even immediate.

In this sense, if, exceptionally, once the order has been placed, difficulties arise regarding any of the products you ordered, we reserve the right to inform you about alternatives that may be of interest to you. If you do not wish to order such substitute products, we will refund any financial amount you may have paid. In any case, a delay in confirmation with respect to the indicated deadlines will not give rise to the right to demand any compensation.

4. ORDERS AND EXPENSES

You can directly contact our Customer Service center as follows:

  • Via email: latiendadelavecinapedidos@gmail.com.
  • By telephone from Monday to Friday from 10:00 a.m. to 2:00 p.m. and from 4:00 p.m. to 9:00 p.m. and on Saturdays from 11:00 a.m. to 2:00 p.m. at the numbers 627759125 and 660530183.
  • Whatsapp: 627759125 and 660530183 at the times indicated above.
  • Likewise, you can contact us via Instagram at https://www.instagram.com/latiendade_lavecina.

The company undertakes to respond within a period of 24 hours.

You can place orders online from any geographic location, regardless of your country of origin or internet connection. We inform you that we make deliveries in Peninsular Spain and soon also in the Balearic Islands, Ceuta and Melilla, Europe and the rest of the world. If you wish to place orders to any of the areas that we do not yet have available, please contact us using any of the available means.

In the amount of the order, at the end of the order, the cost of shipping costs, if any, will be indicated.

If you have confirmed your order and having been informed of the approximate delivery time, it is taking longer than expected or if you have any other problem with it, please contact our company to confirm if there has been any problem that we were not aware of until then. .

We need 1 to 2 days of order preparation from when we receive it. Once prepared, all our orders are delivered via courier, within a maximum period of 24-72 hours. This period varies depending on the shipping method chosen, as specified below.

So that your shipments can be delivered within the established period, please make sure that your address and mobile phone contact information for your order are correct. In the case of providing erroneous or incomplete data for the purposes of calculating the delivery time, the order will be deemed to have been placed at the time you provide us with the correct data.

On the other hand, it is possible that delays may occur during delivery, especially during times of high sales volume, such as sales, Black Friday, Christmas, adverse weather conditions, etc. In such case, LA TIENDA DE LA VECINA will not be responsible for such delays since they are causes beyond our control.

Our shipping methods and costs are as follows:

  • Slow (48-72 hours), home delivery: €4.50.
  • Urgent (24-48 hours), home delivery: €5.50.

For all orders that are for an amount less than this amount, shipping costs will be borne by the customer.

We make our shipments with Correos.

Modification of your order

Once you have placed your order and your payment has been authorized, you will normally not be able to modify your order. If, due to having made a mistake on your part, you wish to modify your order, you can contact our customer service, but we cannot guarantee that we can process your changes, since the preparation of your order may have started, or even having left our facilities for home delivery.

5. PRICE

In accordance with the provisions of Law 34/2002, of July 11, on Information Society and Commerce Services Electronic, this Website provides clear and exact information about the products offered and their price, indicating that they include applicable taxes and, where applicable, the amount of shipping costs.

The company reserves the right to modify the price and availability of the products on this website.

The price of each product will be the one stipulated at any time on our website and is expressed in Euros (€), as currency.  Although we try to ensure that all prices on the site are correct, errors may occur.

If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered cancelled, an email will be sent to you and any amounts paid will be fully refunded.

The prices on this website include applicable taxes (for example, VAT). Special offers, promotions or discounts will be valid until the indicated date.

The final invoice will therefore break down the price of the product(s) purchased and the applicable taxes, as well as shipping costs, if applicable.

6. PURCHASE MODE

1.- FIND THE PRODUCTS: You can search for the products in two ways, or by browsing the web by accessing the different sections included in the menus, or by using the search section, within our categories.

2.- ADD ITEMS TO CART: When you find the item you are looking for, you will only have to add it to the shopping cart with the "Add to Cart" option. At this time you can continue shopping or complete the purchase, from the "Complete purchase" option, which appears in the upper right part of the screen, in the "Cart" area. At any time you can consult the cart from the "Cart" option, located in the upper right part of the screen, as well as delete or add units of the selected products.

3.- BUY: Once the items have been added to the shopping cart, you can finish the purchasing process by accessing the "Confirm" option. The items you want to purchase will appear here along with the units of each one.

4.- DELIVERY AND BILLING DATA: Here you can identify yourself if you are a registered user, or otherwise, enter your billing and delivery data if they are different. From here you will also have the option to register as a user if you wish.

7. PAYMENT METHOD

At LA TIENDA DE LA VECINA we accept the following payment methods:

  • Bank card: Visa, Visa Electron and Mastercard.
  • Shop Pay.
  • ApplePay.
  • Google Pay.
  • Paypal coming soon.

For card payments, the charge will be made in real time through the corresponding payment gateway, once the authenticity of the data communicated has been verified.

If you decide to pay by credit card, once you have entered your billing information, you will need to enter your credit card information.

Our company uses an SSL security certificate “Secure Sockets Layer” protocol designed to allow the secure transmission of information. In order to provide maximum security to the payment system, we use secure payment systems from leading financial institutions in electronic commerce. Payments by credit card will be made through a payment gateway, with your data encrypted under a secure server of the virtual POS depending on the payment platform chosen by the user, so all personal data entered on said platforms Payments, including credit cards, are sent encrypted (encrypted) to a secure server. When placing the order you will provide your card details that will be stored directly in the payment gateway during the purchase process. We do not store information regarding credit cards.

The user declares that he is the owner of the bank card that he provided for the payment of the services provided by LA TIENDA DE LA VECINA and/or that it belongs to a third party that expressly authorized him to use it.

The invoice will be sent to you in electronic PDF format after the shipment of the merchandise to the email address indicated at the time of the order. You can also check your invoices in your customer account. No paper invoices will be made.

8. PURCHASE GUARANTEES

The products offered on this website have been selected from different suppliers based on our best criteria according to our customer orientation, thinking about their best quality and are subject to the usual legally established guarantees.

All our products have a guarantee, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the text of the General Law for the Defense of Consumers and Users, they are authorized to be sold in the EU and pass quality controls. In accordance with this rule, the seller is obliged to deliver to the consumer and user products that comply with the contract, answering to him for any lack of conformity.

The products have a three-year warranty from delivery. To make use of the guarantee, it is essential to keep the proof of purchase and the delivery note for the products.

It will be the buyer's responsibility to provide proper treatment and use of the product. Failure to comply with this point will make the buyer responsible for any anomaly that the product may suffer, such anomaly not being covered by the warranty.

As a consumer, you have the right to repair the product, replace it, reduce the price or terminate the contract. You have a period of two months to inform us of the lack of conformity of the product from the time you became aware of it.

Regarding the characteristics of the product, LA TIENDA DE LA VECINA is committed and constantly takes measures so that the photographs shown in the Store are as faithful as possible to the original products, trying to make the minimum errors that could lead to a misinterpretation of images.

9. TAXES

All products that can be purchased on this Website include the taxes legally established for said purchase, but the final summary will identify the item(s) purchased and its total price (including taxes).

10. RIGHT OF WITHDRAWAL, EXCHANGES AND RETURNS

As established by the regulations, the consumer and user will have the right to WITHDRAW from the contract for a maximum period of 14 calendar days without having to indicate the reason and without incurring any costs, except those provided for in art. 107.2 and 108 of RD1/2007, of November 16, which approves the aforementioned text of the General Law for the Defense of Consumers and Users. This means that you can voluntarily return your product within 14 calendar days after receiving it. This right can be exercised on one of the products, on several, or on the entire order in its entirety and without penalties for its exercise, so that we will proceed to refund the total amount of the item, that is, the cost of the product, without submitting the exercise of the same to any formality, we simply demand that the product be returned in perfect condition to our warehouses, without limiting the use of the product.

In case of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method. ordinary that we offer) without any undue delay and, in any case, no later than 14 days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same payment method used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition comes first.  The direct costs of returning the merchandise will be your responsibility.

You can start the purchase withdrawal process at the following link: PURCHASE WITHDRAWAL FORM

It may also be made to the address indicated in these general conditions through an unequivocal statement (for example, a letter sent by postal mail, fax or email).

There are exceptions to the right of withdrawal, as established by Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. The withdrawal will not be applicable, among others, in the following circumstances:

– The supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.

– The supply of goods that may deteriorate or expire quickly.

– The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery, for this reason the return of underwear, swimwear, socks and earrings that have been unsealed.

All merchandise must be returned in its original packaging, in perfect condition and protected, avoiding stickers, seals or adhesive tapes directly on the surface or packaging of the item.

Once the withdrawal has been communicated in the indicated manner, the buyer will receive instructions via email to send the products to our facilities. The user must  send the goods without any delay, within a maximum period of 14 days from when you inform us of your desire to exercise the right.

Since the transportation costs caused by the return will be borne by the buyer, you can choose and search for the agency that best suits your needs or offers you the most competitive rates.

Return for defective product

A return for a defective product is one that occurs when the item has arrived in poor condition or has a manufacturing defect. Under no circumstances will a return in poor condition as a result of improper handling be accepted.  In the event of a defective product, we will proceed, as appropriate, to replace it, reduce the price or terminate the contract, procedures that will be free of charge for the consumer.

We hope that all our customers are satisfied with their purchases, but if for any reason this is not the case, we offer a simple service to return any order.

First of all, if any of the products in the order present any damage or have been damaged during transport, we ask that you inform the carrier at the time of delivery of the incident so that it can be noted on the delivery note and, additionally, you must notify it via email to the address latiendadelavecinapedidos@gmail.com with the photo of what happened. For this procedure you will have a maximum period of 24 hours from the time the order is received. Do not forget, since after this period, we will not be able to take responsibility for any damage.

Return for delivery of wrong product

If you receive a product that is not the one ordered, LA TIENDA DE LA VECINA will bear the costs of collection and shipping. We will do it as quickly as possible. Just contact latiendadelavecinapedidos@gmail.com or our phone number, tell us what happened and we will take the appropriate steps.

Changes

At LA TIENDA DE LA VECINA we do not believe in purchasing and returning, but rather in purchasing with common sense, unless the return is for issues related to sizes. For this reason, we only make changes to fashion products if it is for another size. Contact latiendadelavecinapedidos@gmail.com or our phone number, tell us what happened and we will take the appropriate steps.

In any case, if something concrete or specific has happened, you can always send an email to latiendadelavecinapedidos@gmail.com with the order number and we will try to find a solution.

11. NOTIFICATIONS

For the purposes of carrying out the appropriate notifications, the company designates the contact address specified in the legal notice as its contact address. The email address provided by the User during the registration process on our Website will be the one used by the company for the purposes of providing notifications to the User.

The User is obliged to keep the data that is referenced in this clause for notification purposes duly updated.

All notifications made by the company to the User will be considered validly made if they have been made using the data and through the means indicated above.

The company is not responsible for any damage that may occur due to the User's violation of their obligation to keep their contact information updated.

For contractual purposes, you consent to use this electronic means of communication, you acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

12. LANGUAGE

Under the provisions of art. 27. 1d) of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, you are informed that you can access our website, as well as the general contracting conditions and carry out any management in Spanish.

13.  TRANSFER OF RIGHTS AND OBLIGATIONS

The Agreement is binding on you and us, as well as our respective successors, assigns and assigns. You may not convey, assign, encumber or otherwise transfer a Contract but you may assign or donate the purchased product to whomever you wish. We may transfer, assign, charge, subcontract or otherwise transfer a Contract or any of the rights or obligations arising from it in our favor or to us, at any time during the term of this Contract. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, where applicable, you have as a consumer recognized by law or will nullify, reduce or limit in any other way the guarantees, both express and tacit, that we have given you. could grant.

14. FORCE MAJEURE

We will not be liable for any failure or delay in performance of any of our obligations under a Contract, the cause of which is due to events beyond our reasonable control ("Force Majeure Event").

Causes of Force Majeure will include any act, event, lack of performance, omission or accident that is beyond our reasonable control and, among others, the following:

      1. Strikes, lockouts or other industrial action.
      2. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
      3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
      4. Home confinement as, for example, in case of COVID and similar.
      5. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
      6. Inability to use public or private telecommunication systems.
      7. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
      8. Strike, failures or accidents in maritime or river transport, postal or any other type of transport.

It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to perform our obligations under the Contract despite the Force Majeure Event.

15. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish legislation. Any controversy that arises or is related to the use of the website or said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals, and in particular those of the buyer's domicile.

If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes you as such.

In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council , of May 21, 2013, we make available to the client the following link that allows access to the online dispute resolution platform of the European Union , European Union online dispute resolution platform .

16. CLAIMS SHEETS

In accordance with the provisions of Decree 72/2008, of March 4, which regulates the complaints and claims forms of consumers and users of Andalusia, the existence of complaint forms available to the public is reported, which you can request at your choice by sending a message to the email address: latiendadelavecinapedidos@gmail.com