General conditions of sale in the online store of Fabricación Lean SL (www.marinagarcia.com)

This document establishes the general conditions of the contractual relationship aimed at the sale and purchase of products from Fabricación Lean SL (hereinafter MARINAGARCIA) with registered office at C/ Escuela, 14 in Zaragoza, with CIF B99336281 and in its name and representation Mr. Jorge Garcia Monge with NIF 25142338A, by natural persons and/or legal entities (hereinafter CONTRACTOR) who express their willingness to purchase the products and services found on the website www.marinagarcia.com by means of the request made via the internet through that website. These user requests constitute the particular conditions to which these general conditions are associated, which the CONTRACTOR must necessarily accept electronically prior to purchasing the product. These conditions are presented to the CONTRACTOR through the website www.marinagarcia.com , so that they can read, print, archive and accept them, and the CONTRACTOR cannot purchase the product without this acceptance having taken place. The CLIENT will always have these general conditions in a visible place on the website. 

The present general conditions together with the request for the specific products made by the CONTRACTOR -specific conditions- imply the formalization of the contract of sale between THE OWNER and the CONTRACTOR who declares to have read, understood and accepted the present conditions.

FIRST.- OBJECT OF THE CONTRACT.-
By this contract THE OWNER undertakes to deliver to the CONTRACTOR the products that the latter has requested through the website www.marinagarcia.com in exchange for a certain price.

SECOND.- RIGHTS AND OBLIGATIONS OF THE OWNER.-
2.1. Delivery of the product.- THE OWNER undertakes to deliver the product in perfect condition to the address that the CONTRACTOR indicates in the order form where the specific conditions that are attached to the present general conditions are stated. THE OWNER will not be responsible for errors caused in the delivery when the data entered by the CONTRACTOR in the order form do not correspond to reality or have been omitted. 

2.2. THE OWNER's liability.- THE OWNER shall in no event be liable for:

2.2.1. Errors or delays in access by the CONTRACTOR when entering their data into the order form, slowness or inability of recipients to receive order confirmation or any anomaly that may arise when these incidents are due to problems with the Internet, causes of chance or force majeure and any other unforeseeable contingency beyond the company's good faith. In any event, THE OWNER undertakes to resolve any problems that may arise and to offer all necessary support to the CONTRACTOR to reach a rapid and satisfactory solution to the incident.

2.2.2. Errors or damages caused by inefficient and bad faith use of the service by the CONTRACTOR. Furthermore, in the event that, due to a typographical or computer error, a product is offered at a price of "0" or at a price that is clearly lower than its market value, the OWNER will notify the CONTRACTOR of the error as soon as possible, in order to offer either to make the purchase at its correct value, or to consider the order void due to the error, and to refund the amount paid to the purchasing party. Under no circumstances will the OWNER be obliged to serve the product/s offered at a price of "0" or at an erroneous price.

2.2.3. Of the non-operation of the email address provided by the CONTRACTOR for sending the order confirmation within twenty-four hours of its being placed.

2.2.4.THE OWNER is fully responsible for the quality of the products and may return them if they are defective or do not reach the CONTRACTOR in the correct condition. THE OWNER shall be responsible, in this case, for the costs incurred as a result of such return, provided that the CONTRACTOR communicates this fact within 14 working days from the date of delivery and the product has not been used or altered in any way. In the event that the return is not due to defects in the product or problems with the delivery condition, the shipping and return costs shall be borne by the CONTRACTOR.  

THE OWNER is exempt from all liability in relation to any possible breakages or defects in the product that occur after delivery of the same. Likewise, THE OWNER shall have no liability in relation to those products that have already been consumed without any type of incident on the part of the CONTRACTOR who intends to make a claim. The CONTRACTOR, before signing the delivery of the order, must ensure that the packaging arrives in perfect condition, without any bumps or any type of deterioration. It is the CONTRACTOR's obligation to reject the order if the packaging is damaged or deteriorated.

In the event of a defective product, THE OWNER shall proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures which shall be free of charge for the CONTRACTOR. THE OWNER shall be liable for any lack of conformity which becomes apparent within a period of two years from delivery. The CONTRACTOR shall inform the seller of the lack of conformity within two months of becoming aware of it.

The liability of THE OWNER if it fails to comply with the provisions of this agreement in accordance with the terms of these general conditions shall be limited to changing the product or to returning the amount which, where applicable, the CONTRACTOR may have paid and always upon prior return by the CONTRACTOR of the product in question.

The OWNER is exempt from the return of items that have been subject to special modifications at the request of the customer, or those requested in a size smaller than size 12 or larger than size 16.

THIRD.- RIGHTS AND OBLIGATIONS OF THE CONTRACTOR.-
3.1. Payment.- The CONTRACTOR undertakes to pay in advance the amount for the product actually ordered in the following amount and form:

3.1.1. Amount.- The remuneration for the product actually ordered by the CONTRACTOR based on the product requested will be that indicated on the website and that which appears in the specific request of the CONTRACTOR at any given time, requests which will constitute the particular conditions of the specific order. MARINAGARCIA will send confirmation of the order and its total amount within twenty-four hours. The prices of the products that appear on the website always appear with VAT included.

In addition, the relevant shipping costs must be added to the price that appears on the website for each of the products offered. The CONTRACTOR may choose between two shipping methods:
- Through a logistics operator or transport agency: with a higher price that will be indicated in the order confirmation and with a delivery time that will be no more than 20 working days for national shipments (Except the Canary Islands, Ceuta and Melilla).
- Through collection from one of the authorized official distributors, which the CONTRACTOR may select from those offered on the form. In this case, delivery is completely free.

Shipping costs will be free from 100 euros VAT included (Except Balearic Islands, Canary Islands, Ceuta and Melilla, and the rest of the world)

Custom-made or specially manufactured products will have a variable delivery time depending on each situation. This information must be communicated to the CONTRACTOR when the order is placed.
As
these are rates that MARINAGARCIA does not apply at any time, it should be noted that they will always be those offered by the companies based on the address and weight of the shipment or those established by the state postal service and that MARINAGARCIA will always communicate the overall cost of both the product and the shipping costs to the CONTRACTOR in advance when confirming the purchase request.

3.1.2. Payment methods. - The CONTRACTOR must pay the amount corresponding to the contracted service by:
- ​​credit card, the details of which will be entered through the secure server of Caja Laboral.
- bank transfer: by deposit into Caja Laboral, IBAN: ES39 3035 0310 9331 0000 8480 BIC:CLPEES2MXXX.

3.2.  Withdrawal.- The products offered on www.marinagarcia.com allow the right of withdrawal provided that the product is returned in the same condition in which it was delivered and with the packaging in perfect condition. The period for withdrawal is 14 working days from receipt of the order, provided that the jewel has not been used and is in its original packaging. By contacting customer service at shop@marinagarcia.com we will arrange for the collection of the package at the address you indicate. Collection will be FREE OF CHARGE in Spain and with a charge of €15 in the European Union. For other countries, please contact us. The amount to be paid will be made with the same payment method that you used in the CONTRACTING PARTY .

3.3. Liability of the CONTRACTOR.- The CONTRACTOR assumes all risks of deterioration, damage, harm and loss of the products from the moment in which these have been made available to him by the third party who, on behalf of MARINAGARCIA, delivers the requested products.


FOURTH.- PROTECTION OF PERSONAL DATA:
4.1.- Information to the user about the existence of a file and request for consent for the automated processing of data : In relation to the personal data provided by the USER in the forms that may exist on the website, MARINAGARCIA strictly complies with the current regulations established in Law 15/1999 on the Protection of Personal Data and other legislation that develops it and informs the USER that the aforementioned data will be included in a file for automated processing, the USER giving consent by accepting these general conditions to said treatment.

4.2.- Purpose of the data : MARINAGARCIA collects and processes certain personal data that are freely entered by the USER in the form in order to be able to respond to requests for information that may be made as well as to be able to manage the purchases that are made and send commercial offers to all those interested in its products. In any case, the data collected and processed by MARINAGARCIA are only the basic ones for the purposes indicated above. MARINAGARCIA in no case collects data related to the health of buyers or users, the data are basic for the purposes indicated above.

4.3.- Mandatory nature of the introduction of data : The fields with an asterisk * in the existing forms are those that require a mandatory response and if they are not filled out the consequence would be the impossibility of purchasing or requesting the information needed.

4.4.- Rights of access, rectification, cancellation and opposition : The USER who enters their personal data in the different registration forms will have the full right to exercise their rights of access, rectification, cancellation and opposition at any time by requesting it to info@marinagarcia.com or by post to Fabricación Lean SL, C/ Escuela nº 14, Zaragoza 50009.

4.5.- Data controller. - The data controller is Fabricación Lean SL, C/ Escuela nº 14, Zaragoza with CIF B99336281.

MARINAGARCIA has duly registered its file with the Data Protection Agency and it can be consulted at www.agenciaprotecciondatos.org .

4.6.- Transfer of data. - MARINAGARCIA informs the USER that there will be no transfer of data to third parties. The only communications of the data that may be made are those logical for the purpose for which they were entered, for example to transport companies to deliver the products to the address, communication therefore derived from the freely accepted legal relationship.

4.7.- Security . - MARINAGARCIA ensures the absolute confidentiality and privacy of the personal data collected and therefore essential security measures have been adopted to prevent unauthorized alteration, loss, processing or access and thus guarantee its integrity and security. MARINAGARCIA shall not be liable under any circumstances for any incidents that may arise in relation to personal data when they arise either from an attack or unauthorised access to the systems in such a way that it is impossible to detect by the security measures implemented or when it is due to a lack of diligence on the part of the USER in terms of the safekeeping and custody of their access codes or their own personal data.

4.8 . Accuracy of data. - The USER is responsible for the accuracy of their data, undertaking not to enter false data and to proceed to modify them if necessary, either by requesting it directly at info@marinagarcia.com or by accessing the private area from which they can be modified.

FIFTH.- LIABILITY:
5.1.- THE OWNER shall in no case be liable for:
5.1.1.- Failures and incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the website services are constantly operational
5.1.2.- For the production of any type of damage that USERS or third parties may cause to the website.

5.2. - THE OWNER reserves the right to suspend access without prior notice at its discretion and on a permanent or temporary basis until effective liability for any damage that may occur is assured. Likewise, THE OWNER will collaborate and notify the competent authority of these incidents at the time it has reliable knowledge that the damage caused constitutes any type of illegal activity.

SIXTH.- COPYRIGHT AND TRADEMARK.-
MARINA GARCIA is a registered trademark. Any third party use of the MARINAGARCIA trademark, including both the name and the logo, by any means is prohibited without the express consent of MARINAGARCIA. All rights are reserved. Furthermore, the MARINAGARCIA website - its own content, programming and website design - is fully protected by copyright. Any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited without the express consent of MARINAGARCIA.

SEVENTH - COOKIES
The use of cookies is necessary for the use of our website. Cookies are used for the correct functioning of the virtual shopping cart. If you wish, you can configure your browser to be notified on screen when cookies are received and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser for further information.

EIGHTH.- JURISDICTION AND APPLICABLE LAW.-
These general conditions are governed by Spanish law. The parties submit, at their discretion, to the courts and tribunals of the user for the resolution of conflicts and waiving any other jurisdiction.

NINTH.-
In the event that any clause of this document is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. MARINAGARCIA may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly acknowledged by MARINAGARCIA.

® www.marinagarcia.com
Lean Manufacturing SL. C/ Escuela, 14 - 50009 Zaragoza. Tel: +34.976 060 315