Terms and Conditions of Purchase

These Legal Terms and Conditions shall govern the purchase and sale of the products MERCATUBER markets through its website: www.mercatuber.com.

MERCATUBER data are as follows:

MISS ALMA NEBOT VAYA, with DNI 20908075-V and address at Masía Molino Azud, 3. 12120, Lucena del Cid, Castellón, through her website www.mercatuber.com, owns and manages an online marketplace (hereinafter referred to as the “Mercatuber Marketplace”) Contact email: info@mercatuber.com

MERCATUBER reserves the right to make as many changes as it deems appropriate in these Terms and Conditions of Sale, shall remain in force until they are modified by other duly published on the website.

1. ACCEPTANCE OF TERMS AND CONDITIONS

By using the services of www.mercatuber.com, the User accepts these Terms and Conditions of Sale, which define the rights and obligations of MERCATUBER and Users. These are the only Terms and Conditions of Sale applicable to the Website and the procurement of orders through it. And supersede any other conditions, unless previously agreed in writing between MERCATUBER and the user.

2. PURPOSE AND PRODUCT INFORMATION

This Website has been developed by MERCATUBER in order to offer users, the purchase of a variety of products.
The Mercatuber Marketplace allows the Client to consult and purchase products marketed by the Sellers on the Mercatuber website. The transactions carried out through the Mercatuber Marketplace are concluded directly between the Client and the Sellers, in compliance with the precepts and other legal requirements in force at any given time.
Mercatuber does not assume the position of agent / distributor / representative of the Sellers, nor of reseller of the Products offered by the Sellers through the Mercatuber Marketplace.
The products advertised and sold on the Mercatuber marketplace are the sole responsibility of the Marketplace Sellers, especially with regard to their ownership, quality, safety, origin, guarantee and compliance with applicable legislation.
The online sale is only valid and applicable to the national territory of Spain.

3. REGISTER

Users are not required to register in order to access the Website. However, it is possible to create an account through an online form, which must be completed with the data required therein.

The User shall be responsible for providing true, accurate and current information about his/her personal identity, as requested in the registration area of the MERCATUBER Website. And make immediate updates if any, to ensure its accuracy.

Users are fully responsible for the use of their account. Consequently, they are responsible for the confidentiality of the username and password that allow them to access their account, and undertake not to transfer their use to third parties.

By virtue of the above, Users must immediately notify MERCATUBER by e-mail at info@mercatuber.com of any misuse of their User name and/or password. In the event of circumstances such as theft, loss or unauthorised access, they must notify MERCATUBER so that MERCATUBER can proceed to cancel or block them as soon as it becomes aware of the improper use of their User Account. Until such events are reported, MERCATUBER shall be exempt from any liability that may arise from the misuse of user names or passwords by unauthorised third parties.

4. USER BEHAVIOUR

Users undertake to make lawful, honest and correct use of the information or content to which they have access through the Website, and all of this under the principles of good faith and respecting at all times the law in force and these Terms and Conditions. Users shall not:

Registering or communicating data that is not true, accurate, and current, or accessing the Website using the identifying data and/or password of another User or impersonating any person or identity.
Use the Website for fraudulent purposes, in connection with criminal offences or unlawful activities of any kind.
Introduce or disseminate computer viruses that may cause unauthorised alterations to the contents or systems comprising the Website.
Create a Profile or use the Website to post, use or re-use any unlawful, offensive, pornographic, abusive, abusive, indecent, defamatory, obscene or threatening material of any kind, or that violates any copyright, trademark or confidentiality, privacy or any other right, or is otherwise injurious or objectionable to any third party.
Download, send or otherwise distribute content or applications that may violate any applicable law or infringe any rights of any party.

MERCATUBER reserves the right to deny any attempt to access the Website, cancel accounts, services and remove or modify content, in cases of improper use of the Website.

5. ORDERS AND CONDITIONS OF PURCHASE

The purchase process is carried out autonomously by the customer at www.mercatuber.com.
When purchasing on the Mercatuber website, the customer will have to have a private customer account and accept the present Terms and Conditions.
Delivery of orders is the responsibility of the respective Sellers.
Mercatuber is not the Seller of the products purchased through the Mercatuber Marketplace, so it does not assume any responsibility derived from the transactions carried out between the Customer and the Sellers.
When the User places an order and makes payment, he/she will receive an e-mail confirming the order.

6. CANCELLATION AND MODIFICATION OF ORDER

In the event that orders do not reach the Customer, arrive damaged or in disagreement with the information provided by the Sellers at the time of purchase, the Customer has the right to complain directly to the respective Sellers. Mercatuber shall only mediate situations of non-conformity up to a period of 5 days after the time of purchase and for the sole purpose of controlling the quality of the service and obtaining information to improve the same. At the end of this period, Mercatuber shall not intervene, and such situations shall be managed by the Customer directly and independently with the Sellers.
The products purchased within the framework of the Mercatuber marketplace cannot be returned to Mercatuber, nor shall they be exchanged by Mercatuber, such responsibility falling on the Seller. In any case, Mercatuber undertakes to facilitate the handling of the claim between the customer and the Seller.
The return of products is the responsibility of the customer. Mercatuber does not intervene in the return process. The Customer must arrange the return of the Products directly with the Sellers. The conditions for the return of Marketplace Products should be consulted on the page of the respective Sellers of the Products on Mercatuber.com.
Disputes must be settled directly between the Customer and the Sellers.

7. PRICES, OFFERS AND DISCOUNT CODES

All prices displayed on MERCATUBER products, taxes and shipping costs are expressed in Euros (€).

Consequently, at the time of payment of the order, the total price of the order will be detailed in Euros, including the fees corresponding to the shipping costs.

The price and conditions of sale of the Marketplace Products are the full responsibility of the respective Sellers. The price is indicated in euros and already includes all applicable taxes and fees. Shipping costs are not included in the price indicated, and can be consulted on the page of each product and when the Customer proceeds to checkout of the order.

The User must notify MERCATUBER of any undue or fraudulent charge on the card used for the purchase, via email: info@mercatuber.com, as soon as possible so that they can take the appropriate steps.

8. PAYMENT METHODS AND SECURITY OF TRANSACTIONS

Once the details on the form have been completed, the User must proceed to pay for the order using the payment methods specified on the Website.

MERCATUBER accepts the following payment methods:

Credit card: MasterCard, Visa credit and Visa debit. To make card payments over the Internet, the User must ask their bank to activate their card for this type of purchase, if it has not already been activated. We use the card details only while we process the order, once the transaction is completed these details are destroyed. All card payments use a secure server that guarantees the confidentiality of personal data travelling over the network using cryptographic techniques.

9. CONDITIONS OF SHIPMENT AND LOSS

Once the order has been placed, the order data may not be altered, especially with regard to the shipping method, delivery address and receiving contacts.
It is the Customer’s responsibility to confirm receipt of the Products and their conformity. The Products are deemed to have been received within 21 (twenty-one) days from the date of dispatch. This clause does not prejudice or condition the rights of the consumer provided by law.
In the event that orders do not reach the Customer, arrive damaged or in disagreement with the information provided by the Sellers at the time of purchase, the Customer has the right to complain directly to the respective Sellers. Mercatuber shall only mediate situations of non-conformity up to a period of 5 days after the time of purchase and for the sole purpose of controlling the quality of the service and obtaining information to improve the same. At the end of this period, Mercatuber shall not intervene, and such situations shall be managed by the Customer directly and independently with the Sellers.

10. RETURNS AND EXCHANGES

The products purchased within the framework of the Mercatuber marketplace cannot be returned to Mercatuber, nor shall they be exchanged by Mercatuber, such responsibility falling on the Seller. In any case, Mercatuber undertakes to facilitate the handling of the claim between the customer and the Seller.

11. WARRANTIES: Returns of Defective Products or Errors in Shipment

The return of products is the responsibility of the customer. Mercatuber does not intervene in the return process. The Customer must arrange the return of the Products directly with the Sellers. The conditions for the return of Marketplace Products should be consulted on the page of the respective Sellers of the Products on Mercatuber.es.
Disputes must be settled directly between the Customer and the Sellers.

12. WITHDRAWAL

Under current legislation, the Customer, in the event that the product is intended for personal and private consumption, has, within 14 (fourteen) days from the date of receipt of the Product(s) ordered, the right to freely terminate the contract with the Sellers.

The return of products is the responsibility of the customer. Mercatuber does not intervene in the return process.

The Customer shall arrange directly with the Sellers for the return of the Products.

It is the Customer’s responsibility to bear the cost of returning the goods, except where the Sellers expressly agree to bear that cost.

In the event that the Sellers do not offer to collect the goods themselves, the Customer must, within 14 (fourteen) days from the date on which it has communicated its decision to return the goods, return the Products to the Sellers.

The refund of the amount paid for the returned Products is made by Mercatuber to the Customer within a maximum period of 14 (fourteen) calendar days from the date on which the Sellers confirm the receipt and conformity of the orders returned by the Customer or the Customer submits to Mercatuber and/or the Sellers proof of the return.

Products that are perishable by nature are not subject to the right of withdrawal.

13. PRODUCTS EXCLUDED FROM EXCHANGES, RETURNS AND CANCELLATIONS

Without prejudice to the provisions of paragraphs 10, 11 and 12, MERCATUBER may refuse the return of certain products under the provisions of Article 103 of the General Law for the Protection of Consumers and Users, which states that the right of withdrawal shall not apply “to 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”.

14. EXCLUSION OF LIABILITY

MERCATUBER does not give any guarantee and is not responsible, in any case, for damages of any kind that may arise from the use of the Website by Users.

Among others, and by way of example and not limited to, MERCATUBER is not responsible for:

Breakdowns and incidents caused by a lack of due diligence on the part of the User or by improper use of the Website.
The lack of availability, maintenance and effective functioning of the Website, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the functioning of the Website.
The illicit, negligent, fraudulent use, contrary to these Terms and Conditions of Sale, or to good faith, of the Website, by Users.
Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website, as a consequence of the blocking of the Internet network, actions or omissions of third parties, or any other causes or circumstances beyond the PROVIDER’s control that prevent the normal use of the Website.
The cancellation or suspension of services of the Website for reasons not attributable to the Provider.
Users’ use of the products purchased through the Website.
The improper storage and misuse of the products purchased through the Website.
In any case, MERCATUBER undertakes to solve any problems that may arise and to offer all necessary support to the User in order to reach a quick and satisfactory solution to the incident.

15. INTELLECTUAL AND INDUSTRIAL PROPERTY

All rights to the content, design and source code of this Website and, in particular, including but not limited to, all rights to photographs, images, text, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by the OWNER, or by third parties who have expressly authorised MERCATUBER to use them on the Website.

Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the matter (hereinafter, “Intellectual Property Law”), as well as in Law 17/2001, of 7 December, on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the Website, in any medium and by any technical means, unless expressly authorised in writing by MERCATUBER.

MERCATUBER does not grant any licence or authorisation of use of any kind on its intellectual and industrial property rights or any other property or right related to the Website, and in no case shall it be understood that access and browsing by users implies a waiver, transfer, licence or total or partial transfer of such rights by MERCATUBER.

Any use of such content not previously authorised by MERCATUBER will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.

16. HYPER LINKS

The Website may contain hyperlinks that allow the User to access third party websites. MERCATUBER assumes no responsibility for the content, information or services that may appear on such sites, which are offered solely for information purposes. And in no case imply any relationship, acceptance or endorsement between MERCATUBER and persons or entities holding such content or owners of the sites where they are.

17. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Sale are subject to Spanish law. The parties, in accordance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the place of residence of the User.

Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, MERCATUBER also informs you that, in case of dispute, the User resident of the European Union may resort to the “Online Dispute Resolution Platform” developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by MERCATUBER.

To access the “Online Dispute Resolution Platform” you can do so via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES