Scope of application
Sales contracts concluded through electronic commerce between the store www.hemohelp.com and the consumer will be governed by the following General Contract Conditions .
We ask you to carefully read these Conditions, our Cookies Policy and our Privacy Policy before using this website. By using this website or placing an order through it, you agree to be bound by these General Contracting Conditions and our Privacy Policies, so if you do not agree with everything provided in the General Contracting Conditions Hiring and with the Privacy Policies, you should not use this website.
If you have any questions related to the General Contract Conditions or the Privacy Policies, you can contact us at the contact methods indicated in the following point.
OUR DATA
The purchase and sale contract is concluded with MARTÍNEZ NIETO, S.A. (hereinafter, “The Web”) Spanish company with address at Avda. del Carbono, 44, Parcela 96, Pol. Ind. Los Camachos Sur, 30369, Cartagena, Murcia, and A30603757, registered in the Commercial Registry of the Province of Murcia, in book 16, section 3, folio 31, page 266.
You can contact us by phone 968 51 50 80 or by email at [email protected].
LANGUAGE
The contract is formalized in Spanish.
CONTRACT FILE
Contracts concluded in the online store are archived. You can access orders placed in your customer account or by sending an email to [email protected]
HOW TO PLACE AN ORDER
The user of the website will be able to browse the web store and fill the shopping cart without needing to be registered. Only to complete the purchase will it be essential that you provide certain mandatory information to access the order shipping information.
To find the item you want, you can browse all the sections of our website. By clicking on any of the sections you will find a wide variety of items, the description, available sizes and their corresponding price. If you are looking for a specific item, you can find it using the search engine built into the website by entering any text that refers to the product you are looking for. If you do not find what you are looking for, we would ask you to contact us so we can help you find the product.
Once you have selected the item you want, you only need to press the “ADD TO CART” button. When you add a product to the shopping cart, you will automatically be able to view the status of your complete bag. At that time, you will be able to choose whether to continue shopping or process your order. If you continue shopping, the shopping bag will be visible at all times in the upper right part of the screen. By clicking there, you can view all the contents of the shopping bag and even modify it.
Once you have selected the items you wish to purchase, and provided the necessary data for shipping, you will access a form with all the information on shipping and payment options. Once a Purchase Order is received, MARTÍNEZ NIETO, S.A. will immediately send a confirmation of the purchase and sale made to the indicated email address.
We ask you to check the order confirmation email and verify all the information is correct. If you notice that there is any incorrect information, you can contact customer service by calling 968 51 50 80, or by email at infor@ hemohelp.com.
CONCLUSION OF THE CONTRACT
By clicking on the “complete purchase” button, you issue a binding declaration of intent by which you accept the conclusion of the order and are obligated to pay for it. You will then receive acknowledgment of receipt of your order, which confirms the conclusion of the contract.
You will receive different emails:
- Order confirmation: we have received your order correctly, which includes the details of the order, the selected items, the transport costs as well as the order number and the procedure to exercise your right of withdrawal.
- Shipping confirmation: your order has left our warehouses.
- Shipping confirmation: your order has been delivered to the transport company.
PRICE
The prices shown include the legally applicable Value Added Tax (VAT) and are indicated in euros. Unless expressly stated otherwise, the prices indicated do not include shipping costs.
The applicable VAT rate will be the one legally in force at all times depending on of the specific article in question. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations. in each of these territories.
The customer will be able to download the invoice for the purchases made by accessing the order history with their user code. However, the client may request at any time that a copy of the corresponding invoice be sent to them by electronic means or on paper, at their choice.
Deliveries made to destinations outside the European Union may involve additional costs and may be subject to fees and taxes, especially those of a customs nature and on value added to imports. All expenses incurred by the non-EU destination will be assumed by the buyer.
Payment methods
The payment method for purchases will be selected during the purchase process and payment, according to the chosen method, will be made at the end of the purchase process and will be an essential condition for its formalization.
The accepted payment methods are the following:
Payment will be made through any of the following means:
Transfer; In favor of “Martinez Nieto, S.A.” You must make the transfer within a maximum period of 7 calendar days from when you placed the order; If you have not received confirmation of the transfer after this period, the order will be cancelled. The bank account details will be shown to you once the order is completed. In the concept remember to mention the order reference.
Purchases with VISA and MASTER CARD credit or debit cards; By choosing to pay by credit card, the client will be directed to the secure payment website of the Redsys company which integrates SSL security standards.
Confidential payment data is transmitted directly and in encrypted form to the corresponding financial entity and in no case is it stored by Martínez Nieto, S.A..
Payment with foreign cards may be limited depending on the country of origin of the card; You can contact us if you receive an error or cancellation message when making payment.
Payment with PayPal; PayPal allows consumers with email to send payments online securely, conveniently and cost-effectively. The PayPal network builds on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution.
For more information you can visit the Paypal website: http://www.paypal.com.
Cash on delivery (Only in Spanish territory)
Cash on delivery allows you to pay for your order once received at home: validate your order on our website by choosing the payment type ‘Cash on delivery’ and pay it to the carrier.We invoice an additional cost of €2 on the final price of the order (commission charged by transport agencies).
TECHNICAL MEANS TO CORRECT ERRORS
If you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the “My Account” section.
In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service by calling 968 51 50 80 or the email address [email protected], as well as exercising the right rectification contemplated in our Privacy Policy through [email protected].
This website shows confirmation windows in various sections of the purchasing process that do not allow you to continue with the order if the data in these sections has not been provided correctly. Likewise, this website offers details of all the items that you have added to your basket during the purchasing process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after completing the payment process, you must immediately contact our customer service, at the telephone number or email address mentioned above, to correct the error.
SHIPPING AND DELIVERY TIMES
The products offered on the website will only be sent to Spanish territory.
In Spain, deliveries will be made to the Peninsula, Balearic Islands and Canary Islands regions.No shipments will be made outside the mentioned delivery area.
All products offered on the website are available (except for stockouts or exceptional cases), which allows us to process orders so that they are delivered within a delivery time of 2 to 3 days. Products whose deliveries require different deadlines will reflect this particularity in their description. The product will only be sent once payment has been received, unless the cash on delivery payment method has been chosen.
Orders are sent at 5:00 p.m. on weekdays in the Region of Murcia. Orders received before 1:30 p.m. will be prepared and sent on the same day, as long as it is a business day in the location from which we send the orders. Those received after this time will be sent the next day.
Orders received on Fridays or holidays will be shipped the first following business day. If for any reason there is a delay in shipping, we will inform you of the estimated delivery time.
If the order was finally returned by the courier agency due to the impossibility of contacting the customer, the customer would be responsible for paying for the new shipment.
SHIPPING COSTS
The following shipping costs will apply regardless of the number of items:
Place | Price |
Spain and Portugal | €4 |
France and Germany | €12 |
However, shipping costs will be specified at the time of purchase. For orders over €30, shipping to Spain or Portugal will be free of charge for the user.
RISK TRANSMISSION
The risk of loss or deterioration of the merchandise will be transferred to the consumer when he or a third party indicated by him, other than the carrier, has acquired its material possession. However, if you are the one who orders the transportation of the goods or the carrier chosen is not among those proposed by the businessman, the risk will be transferred to the consumer and user with the delivery of the goods to the carrier, without prejudice to their rights against it.
It is important that you inspect the package upon delivery. If you detect that the package is in poor condition, report the problem to the transport agency and contact us at [email protected]</a >
RIGHT OF WITHDRAWAL
Description of the right of withdrawal
You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods. In the event that you have purchased several products and the shipment has been divided, the right of withdrawal will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
To exercise the right of withdrawal, you must notify us through an unequivocal statement of your decision to withdraw from the contract to Avda. del Carbono, 44, Parcela 96, Pol. Ind. Los Camachos Sur, 30369, Cartagena, Murcia (for example, by sending a letter by postal mail), to the telephone number 968 51 50 80 or to the email [email protected] with the subject < <Exercise right of withdrawal>>. To do this you can use the model withdrawal form that appears below, although its use is not mandatory.
To comply with the withdrawal period, it is enough for the communication regarding your exercise of this right to be sent before the corresponding period expires.
Consequences of withdrawal
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 calendar days from the date on which we are informed of your decision to withdraw from this contract.
For orders delivered in Spain, returns are always free. Martínez Nieto, S.A.You will bear the costs of returning the order. Martínez Nieto, S.A. will send a parcel agency to your home that will return the package to us.
For orders delivered to other countries outside of Spain, the direct cost of returning the product must be assumed by the customer. The returned item must be sent to the address: Martínez Nieto, S.A. – Pol. Ind. Los Camachos Sur – Av. del Carbono, 96, 30369, Los Camachos / Cartagena (Spain).
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.
You must return or hand over the goods to us directly without any undue delay and, in any case, no later than within 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be considered met if you return the goods before said deadline has expired.
It will be essential that the products to be returned are in perfect condition, with all their accessories and the original packaging. If there is any Gift for purchase in the order, it must be returned in order to accept the withdrawal.
You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal will not be applicable to contracts that refer to:
- The supply of goods that may deteriorate or expire quickly.
- The supply of sealed goods that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery.
The right of withdrawal will also not be admitted when the item being returned is not exactly the one purchased, unless a product other than the one purchased has been sent by mistake, has been unsealed after delivery, is not in perfect condition or has been opened. or used, except when the purchased product has some type of defect or defect.
BROKEN, DEFECTIVE OR WRONG PRODUCTS
If during the delivery of an order you detect that the packaging has been tampered with or damaged, you must note the reason and the customer’s signature on the carrier’s delivery note.
If you receive a product with a factory defect, defect or that is incorrect, you have 7 days from receipt of the order to return it, as long as you notify us within 48 hours of receipt of the order through our email [email protected].
It is essential that you send us a high-resolution photo of the broken, defective or incorrect item and keep said item to be able to manage the return, as well as a photo of the original packaging, which you must also keep. We will indicate the procedure to follow to proceed with your return. Likewise, and as in the previous section regarding withdrawal, the merchandise received must be in its original packaging, in perfect condition, and with a copy proving the purchase.
If there is a purchase gift in the order, it must be returned in order to accept the return.
Once the merchandise is received and after checking its status, the corresponding amount will be paid using the payment method used in the order.
GUARANTEES
All products offered on the website have a legal guarantee in accordance with the conditions established in 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.
AFTER-SALES SERVICE
Our customer service is at your disposal to deal with any possible complaint. You can contact us by calling 968 515 080 at the email address Avda. del Carbono, 44, Parcela 96, Pol. Ind. Los Camachos Sur, 30369, Cartagena, Murcia.You can also contact us by email at [email protected].
DOMAIN RESERVATION
Ownership of the product will be transferred through full payment of the price.
EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events caused by force majeure.
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:
- Strikes, lockouts or other protest measures.
- Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the cause of force majeure 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 cause of force majeure.
We will use all reasonable means to bring the force majeure event to an end or to find a solution that allows us to fulfill our obligations despite the force majeure event.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have granted us a license for their use. You may use such material only as expressly authorized by us or those who have licensed its use to us. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.
VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programs or materials.
You will not attempt to gain unauthorized access to this website, the server on which said page is hosted or any server, computer or database related to our website.
You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could lead to the commission of infractions classified by the applicable regulations. We will report any breach of these regulations to the relevant authorities and will cooperate with them to discover the identity of the attacker.
Likewise, in the event of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of downloading content from it or to which it redirects.
LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. We therefore accept no liability for any damage or loss arising from its use.
WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you be in writing, however, by using this website you accept that the majority of said communications with us be electronic.
We will contact you by email or provide you with information by posting notices on this website.
For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
NOTIFICATIONS
The notifications you send us should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either to the e-mail or to the postal address provided by you when placing an order.
It will be understood that notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter.
DISCLAIMER
The lack of a requirement on our part for strict compliance on your part with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us under of said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver by us of a specific right or action will constitute a waiver of other rights or actions derived from a contract or the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you through the different means of communication. contact that you provided us.
PARTIAL NULLITY
If any of these Conditions or any provision of a contract are declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
OUR RIGHT TO MODIFY THESE TERMS
We reserve the right to modify these Terms and Conditions. We will keep you informed of substantial changes made to them. These will not be retroactive and, except for possible exceptions depending on the specific case, they will be applicable after 10 days from the date of their publication in the corresponding notice. If you do not agree with the modifications introduced, we recommend that you do not use our website.
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.
These General Conditions are subject to and will be governed in accordance with the provisions of the laws of Spain, in particular:
- Law 7/1998, of April 13, on General Contracting Conditions,
- 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,
- Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals the directive 95/46/EC,
- Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.
The parties submit, for the resolution of conflicts and waiving any other jurisdiction, to the Courts and Tribunals of the consumer’s domicile.
You can request out-of-court dispute resolution at Online dispute resolution | European Commission (europa.eu)
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. We ask you to send us such comments and suggestions, as well as any query, complaint or claim through our contact form, telephone number or postal or email address indicated in Clause 2 of these General Contracting Conditions.
In addition, we have official complaint forms available to consumers and users. You can request them by calling 968 51 50 80 or through our contact form.
Your complaints and claims to our customer service will be attended to in the shortest possible time and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification code that we will inform you and will allow you to track them. If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address [email protected] in order to to request an extrajudicial dispute resolution.