Sale general conditions

Introduction

The general conditions shall be applied to all sale and purchase transactions through the Web Site mascarillasegura.com a partir del 08/05/2020.

These General Conditions regulate any transactions between customers that place orders via the mascarilla.com website and the vendor, which is the Spanish company Star TIC Innovación, S.A, con dirección en C/ Sofía, 10, Parque Industrial y Tecnológico Európolis, 28232 Las Rozas (Madrid), con C.I.F. A84676519 e inscrita en el Registro Mercantil de Madrid en el tomo 27.936, Folio 113, Sección 8, Hoja M-503544

These conditions apply to all customers, regardless of which country the order is placed in, and are always applicable except where cancellation has taken place prior to the order being sent. Cancellation can be requested on the support page.

The General Conditions may be modified from time to time. Customers are therefore advised to read them every time a new purchase is made. The new terms will be applicable from the moment they are published on the internet.

When the customer places the order, it is implicitly understood that they have read and accepted the general conditions of sale. Failing to read them does not constitute exemption of the responsibilities set out herein.

Orders and Purchases

Orders can be placed 24 hours a day, 365 days a year, via the mascarillasegura.com website, except for the unavailability of the website and/or the online store for maintenance and improvement tasks or due to force majeure. To place an order, customers are not obliged to create an account, but it is recommended in order to take advantage of the related benefits. Customers must enter the following details for security purposes and in order to create an account:

  • Full name.
  • ID card / Tax ID card number.
  • Contact telephone number.
  • Postal address for receipt or collection of your Order
  • A billing address if different from the shipping address
  • Email address. This will be used to confirm your Order and is associated with your user account.

Once the order has been placed, it will not be confirmed until payment has been approved by the customer´s bank or building society. Once confirmed, the client will receive an email requesting confirmation that the information provided is correct.

These measures are required for security purposes, to prevent any bank fraud or errors during delivery of the order.

More info at Shipping and Delivery.

Availability

Products may be listed on the website which are not immediately available. In that case, the customer can sign up for the Availability Notice to receive a notification when they can buy them.

Information on the products

The product data sheets on the website include images. However, only the image of the product itself will be considered as contractually binding. Any accessories or props in the photos are for illustrative purposes only and may differ from the final presentation of item.

All the products marketed by Startic Innovación, S.A. have been evaluated in advance and reviewed to verify that they comply with our Quality Policy. This includes reviewing its standards, performance, and security levels.

Outside these specifications, Startic Innovación, S.A. does not guarantee or accept responsibility for its use in accordance with the regulations and/or provisions of other countries or markets with specific characteristics. The user or client agrees to review the characteristics of the product before making their purchase.

Todos los productos comercializados por Startic Innovación, S.A. han sido evaluados con antelación y revisados para comprobar que cumplen con nuestra Política de Calidad. Esto incluye la revisión de sus estándares, prestaciones y niveles de seguridad.

Fuera de estas especificaciones, Startic Innovación, S.A. no garantiza ni se responsabiliza de que su uso sea conforme a las reglamentaciones y/o disposiciones de otros países o mercados con características específicas. El usuario o cliente se compromete a revisar las características del producto antes de realizar su compra.

Prices

Prices are displayed in euros and by default are inclusive of the VAT applicable in Spain. The costs of the delivery service will be charged to the customer and added to the total amount for the products selected. T he final price (the sales total and the cost of the delivery service) will be displayed before confirming and finalising the order process.

The advertised specifications and prices may occasionally contain computer or human errors. On these rare occasions, Star TIC will detect any incorrect prices during the order verification process. If the correct price is higher than the price advertised in the store, Star TIC will advise the customer of the said difference and will offer them the option to continue with their purchase at the correct price, or to cancel the order. If the correct price is lower than the advertised price, it will simply charge the lower price and proceed to deliver the product.

Value Added Tax (VAT)

Themascarillasegura.com website is a sales platform for individual customers and companies. Consequently, any order placed via this website must pay VAT (Value Added Tax) in compliance with the provisions of European legislation. Companies with Community Tax Identification Numbers that require invoices without VAT must contact via comercial@startic.es directly to place their orders.

Payment methods and invoice

There are two ways to pay for an order: credit or debit card.

Star TIC reserves the right to cancel the transaction for security reasons if there is any suspicion of fraudulent operations.

Star TIC will issue a physical invoice if the customer requests it. The order number and confirmation email will serve as proof of purchase for the warranty. Star TIC cannot modify the invoice information unless the original invoice is provided. Nor modifications will be possible after the closure of each quarter.

Delivery method and times

Products purchased from Start TIC will be delivered by private courier service to the address indicated by the customer at the time of ordering. It is the customer’s responsibility to provide accurate and complete information, such as the street name, postcode, city and a valid phone number. Start TIC will not be held liable under any circumstances for any delivery delays due to an incorrect or incomplete address provided by the customer.

The order will be delivered to the address provided at the time of ordering and subsequently confirmed via email. If the customer subsequently edits the delivery address, they will be charged for any additional fees incurred on top of the sales price.

The approximate time between the placing the order and the date of the first delivery attempt made by the courier service, to the address indicated on the order is between 3/4 business days (Monday to Friday), depending on the destination and the time that the order is placed. Orders placed before 13:30 (UTC +1:00) will be processed on the same day. Orders placed after 13:30 will be processed the following business day.

The delivery times indicated are approximate. In the event that there is a specific unavailability of an item Star TIC will contact you immediately to inform you of the new delivery time or, if it is not possible to serve the product, proceed to cancel the corresponding order. In any case, a delay in delivery with respect to the indicated deadlines will not entitle the customer to demand any compensation.

Although Star TIC makes every effort to respect the delivery times, it will not be liable for the consequences relating to delivery delays or the loss of a package, where such circumstance are due to external causes. In other words, if the loss or damage is caused by other parties external to the delivery agreement, by the customer, or by unforeseeable or insurmountable causes or reasons of force majeure, Star TIC will not be held liable.

Upon receipt of the package, the customer should check that everything is corresponds exactly to the order and is in perfect condition. If there is any discrepancy regarding the items delivered or their condition, the customer must sign to confirm receipt of the order as usual, but must also indicate on the courier’s delivery note any defects found when the package was received. An email indicating the defects found must also be sent via the support page, within 24 hours.

Returns

At Star TIC, we sincerely hope that you will be satisfied with your order. If this is not the case, we will be as helpful as possible during the return process dentro de los límites establecidos por la legislación española.

If you wish to make a return for any reason, please contact us at via the support page. We will send you a return reference code and a form to fill in, along with some instructions to follow.

In accordance with Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November,, article 103 exceptions to the right of withdrawal, section e), the right of withdrawal will not apply to the supply of sealed goods that are not fit to be returned for reasons of health protection or hygiene and that have been unsealed after Delivery.

In all other circumstances, you will have 14 calendar days to withdraw from the contract and return a product with which you are not satisfied, starting from the date of receipt of the order.

We remind you that:

  • The product must be in its original packaging, in perfect condition and intact, without having been opened and accompanied by the invoice.
  • The goods must be received in perfect condition. Any items which are incomplete, damaged or used will not be accepted.
  • The client will be responsible for managing the shipment, assuming the costs associated with said return.
  • The client will be responsible for managing the shipment, assuming the costs associated with said return. We recommend that you return the items by certified mail or courier service and with insurance for the value of the product.

Once Star TIC has received the returned item, it will review it in order to verify compliance with these requirements, in which case the amount of the returned item will be reimbursed, always through the same form of payment in which it was paid your order.

Notwithstanding the foregoing, in the event that you have received by mistake an item other than the one purchased, or the item received is found to be defective, you must contact our customer service within a maximum period of 24 hours from receipt of the item. and we will process ourselves.

In this regard, we remind you that all our articles comply with the quality standards required by the regulations in force at all times and declared in its product sheet.

If you prefer, we can replace the defective item with a new and revised one at the time of collection.

If you prefer to be refunded and return the defective item, the courier will collect it from the address you have provided and, once the return is received at our offices, a full refund will be made for the value of the item and cost of sending the return, via the original payment method of the order.

Exchange of the item for a different one

In case you get confused when choosing your product and the one you have received is not the one you need, just make a new order within 14 calendar days for the correct product and ask our courier service, whose number we will provide, to collect the wrong one. So that we can proceed to refund:

  • The product must be in its original packaging, in perfect condition and intact, without having been opened and accompanied by the invoice.
  • The goods must be received in perfect condition. Any items which are incomplete, damaged or used will not be accepted.

If the item complies with all of these requirements, the amount will be refunded via the original payment method of the order, shipping included if the return is for all the items included in the order, always through the same payment method in which you paid your order. If theproduct If the product is damaged, the amount of its repair will be deducted from the amount of the return. In the event of an analysis of the product under the right of withdrawal, Star TIC will do everything possible to reimburse the customer in the shortest time.

In accordance with the provisions of the applicable regulations, all the products sold by Star TIC benefit from the legal guarantee depending on their nature and characteristics that may correspond to them. In this way Star TIC will respond properly or through the manufacturer, as appropriate, of the conformity of its articles, seeking the substitution, reduction of the price or termination of the contract, procedures that will be free for the client.

The guarantee of conformity means that products must satisfy certain requirements (except in specific circumstances, where one requirement or another is not applicable):

  • They match the description provided by Star TIC and have the product features presented to the customer as an example or model.
  • They are suitable for the use ordinarily intended for products of the same type.
  • They are suitable for any special use required by the customer and made known to Star TIC at the time of the entering into the contract, provided that Star TIC has stated that the product is suitable for such use.
  • They meet the standard levels of quality and performance of products of the same type which can reasonably be expected by the customer, given the nature of the product and public statements made by Star TIC regarding the specific features of the products, especially in advertisements or on the labelling. Star TIC shall not be bound by such public statements if it was not aware and could not reasonably be expected to be aware of the statement in question. It will also be exempted if it demonstrates that the said statement had been corrected at the time of entering into the contract, or that the statement could not influence the decision to buy the product.

There shall be no liability due to non-conformity which the consumer and user could have been aware of or could not reasonably have been able to ignore at the time of entering into the contract, nor which originates from materials supplied by the consumer and customer.

If the product does not comply with the agreement, the customer may choose between repair or replacement of the product, except where either of these options is objectively impossible or disproportionate (meaning an option which imposes unreasonable costs on Star TIC in comparison to the other, taking into account the value the product would have if there were no non-conformity, the significance thereof and if the alternative could be made without significant inconvenience to the customer).

If the product cannot be repaired and cannot replaced by another of identical features, you may request a price reduction or refund of the same, or a different (non-identical) replacement product of your choice. The customer shall duly inform Star TIC of the non-conformity within two months of discovering it.

General aspects of the warranties

The guarantees do not apply to the following cases:

  • deterioration caused by adaptations, adjustments or modifications made to a product without agreement in writing with the manufacturer.
  • costs relating to periodic maintenance, repair or replacement of parts for normal wear and tear.
  • damage caused by misuse or improper use, by failing to follow the manufacturer’s instructions on the use and maintenance of the product.
  • Star TIC may justifiably refuse to apply this guarantee for the reasons stated in the preceding paragraphs.

Litigation and Liability

Star TIC will not be held liable for executing these conditions in the event of force majeure, breach by the customer or any unforeseeable event involving third parties outside of the contract.

Star TIC accepts no liability for the consequences that may result from inappropriate use of the products purchased via the website.

The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts of Madrid.

The link to the online dispute resolution platform (RLL) created by the European Commission is as follows: http://ec.europa.eu/consumers/odr/. In this sense, you can contact Star TIC through the following email legal@startic.es.

Star TIC cannot be held liable for any violation of third-party rights by by one or more users via their activities on the mascarillasegura.comwebsite.

Personal Data Protection

The personal data which customers are obliged to provide is essential to delivering orders, generating invoices and the warranty agreements. By registering on the website, the customer agrees to provide valid personal data.

The personal data provided by the client is treated in accordance with and by the regulations in force on this matter. You can more information and to know how to exercise your rights consult our Privacy Policy.

Intellectual property

All the content on the websitemascarillasegura.com (illustrations, texts, names, brands, images, videos, etc.) is the property of Star TIC, and all related rights are reserved, in accordance with copyright and intellectual property ownership. Consequently, and in compliance with Intellectual Property legislation, only private use of the said content is permitted. Any other use (replication or unauthorised download) without the prior approval of Star TIC is a legally punishable infringement, by virtue of intellectual property.

Therefore, any total or partial replication of the content of the website mascarillasegura.com by any means whatsoever is prohibited, unless prior and express authorisation has been granted by Star TIC.

Moreover, Star TIC forbids any copying, publication or distribution of any content by third parties that do not hold the intellectual property rights. Any use of such content in a fraudulent manner will be considered a criminal offence in relation to intellectual and industrial property sanctioned under the Spanish Penal Code.

Las presentes condiciones generales se ajustan a la legislación española y afectan únicamente a la página mascarillasegura.com.

Star TIC reserves the right to update its General Conditions of Sale at any time. Madrid, May 8, 2020.

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