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These General Conditions regulate the use of the website www.productosleoneses.com, hereinafter Productos Leoneses, owned by Diputación Provincial de León, Plaza de San Marcelo, 6, 24002 León, CIF P2400000B, where www.productosleoneses.com/es acts as Marketplace, in the sale of agri-food products of producers from León. On the other hand, the company Proconsi SL, C. Andrés Suárez, 5, 24009 León, CIF B24208100, will act as administrative intermediary (including among its tasks the management of registration and cancellation of profiles, management of payments to client users, payments to seller users, technical support, communication of incidents and advertising promotion). The users of the service are also identified in their profile of buying users, hereinafter referred to as BUYERS.
The purchase of any of the products entails the full and unreserved acceptance of each and every one of the General Conditions that are indicated, without prejudice to the acceptance of the Particular Conditions that could be applicable when acquiring certain products.
These General Conditions may be modified without prior notice, therefore, it is advisable to read carefully its content before proceeding to the acquisition of any of the products offered.
1. IDENTIFICATION
Diputación Provincial de León, in compliance with Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, informs you that:
- Its corporate name is: Diputación Provincial de León
- Its CIF is: P2400000B
- Its registered office is at: Plaza de San Marcelo, 6, 24002 León.
2. COMMUNICATIONS
To communicate with us, we offer you different means of contact that we detail below:
Diputación Provincial de León
- Phone: 987 29 21 99
- E-mail: ecit@dipuleon.es
- Postal address: Plaza Regla S/N - Edificio Torreón, 24003 León.
Proconsi SL
- Phone: 987 28 19 06
- E-mail: marketing@proconsi.es
- Postal address: C/ Andrés Suárez 5, 24009 León.
All notifications and communications between users and Productos Leoneses shall be considered effective, for all purposes, when they are made through any of the aforementioned means.
3. DATA COLLECTION
Diputación Provincial de León informs you that when registering and making the purchase, you authorize the collection of the following personal information:
- Name and surname.
- E-mail address.
- Contact telephone number.
- Date of birth.
- Mailing address.
- Card number, expiration date and security code.
The processing of this data will be for the purpose of ensuring the proper functioning of the functionality offered by the website.
4. PRODUCTS
The products offered in Productos Leoneses, together with their main characteristics and price appear on the screen, being this information provided exclusively dependent on the VENDOR, since the Diputación Provincial de León and Proconsi SL do not participate in any way in the process of selection and description of the information related to the products, nor in the preparation and shipment of orders, so that, in the event of any disagreement between the SELLER and the BUYER, in relation to such products or the transaction to that effect, it is alien to the Diputación Provincial de León and Proconsi SL, and therefore shall not involve any liability for these entities.
The Diputación Provincial de León and Proconsi SL do not own any of the items offered for sale by the USER SELLERS. The contract of sale is made directly between the BUYER and the SELLER.
The SELLER shall be obliged to conclude and complete the sale and purchase of its products. Therefore, he will not be able to withdraw the sale of his product except in special circumstances, by mutual agreement with the BUYER and the approval of the Provincial Council of León and/or Proconsi SL, for the purpose of making the relevant changes in the collection of the expenses generated by the transaction.
Once inside Productos Leoneses, and in order to access to the contracting of the different services or the purchase of the available products, the User shall follow all the instructions indicated in the purchase and/or registration process, which shall imply the reading and acceptance of all the general and particular conditions set both in the website www.productosleoneses.com.
Some of the VENDORS on this website sell products with alcoholic content. The sale of alcoholic beverages to minors under 18 years of age is expressly prohibited.
Minors under 18 years of age may only use the services of Productos Leoneses under the supervision of a parent or guardian. The Provincial Council of León and/or Proconsi SL are exempted from any responsibility regarding the inappropriate access of minors to www.productosleoneses.com. It is the responsibility of their parents or guardians to exercise adequate control over the activity of children or minors in their care or install any of the tools to control Internet use in order to prevent access to materials or content unsuitable for minors.
The Provincial Council of León and/or Proconsi SL reserve the right to admit any individual or legal entity as a registered user of Productos Leoneses, since this implies a series of conditions and advantages reserved for its users. The registration process in Productos Leoneses will always be mediated and controlled by the Diputación Provincial de León and/or Proconsi SL, executing in such control the right of admission as a user.
Although the Provincial Council of León and/or Proconsi SL, in order to offer a quality service, periodically select, review and control the products offered for sale in Productos Leoneses, in the same way that they review and control under the same conditions the profiles of the Users. However, as this is not a permanent task, the Provincial Council of León and/or Proconsi SL do not commit themselves to the veracity of the data provided, nor are they responsible for possible damages to third parties due to these contents.
5. AVAILABILITY AND SUBSTITUTIONS
The Diputación Provincial de León and/or Proconsi SL intend to guarantee the availability of all the products that are advertised through Productos Leoneses. However, in the event that any requested product is not available or if it is out of stock, the BUYER shall be informed of the procedure to be followed to proceed to refund the amount paid for the unavailable product as soon as possible. If the product is not available, and the PURCHASER has been informed of this by e-mail or telephone, the SELLER may supply a product of similar characteristics without any increase in price, in which case the PURCHASER may accept or reject it by exercising his right of withdrawal and termination of the contract.
In case of unavailability of all or part of the order, and the rejection of the replacement products by the BUYER, the refund previously paid will be made through the same means used by the BUYER, and the SELLER shall bear the costs generated by this transaction.
If the SELLING USER is unjustifiably delayed in returning the amounts paid, the BUYING USER may claim double the amount owed to the SELLING USER.
6. PROCESS OF PURCHASE
The user who buys products in Productos Leoneses must register through the form provided for that purpose by La Diputación Provincial de León and/or Proconsi SL, providing all the required data: data that in any case will be truthful, accurate and complete about his identity and that the User must expressly consent by accepting the privacy policy of www.productosleoneses.com.
To make any purchase of products in Productos Leoneses, it is necessary that the User is of legal age.
The Provincial Council of León and/or Proconsi SL will confirm to the BUYER the transaction made at the end of the purchase process to the email provided, indicating the delivery times of the products purchased. Likewise, the Diputación Provincial de León and/or Proconsi SL will confirm the sale to the SELLER by email and will provide information on how to proceed, indicating the delivery times of the product sold.
Shipping costs will be borne by the BUYER, being these informed in the ordering process and must be accepted by the User prior to acceptance of the purchase.
The purchase process may be carried out as a guest User or as a registered User, modifying the steps to follow in each case.
The steps to follow to make the purchase as a guest BUYER are:
1. Selection of the products to be included in the shopping cart.
2. Access to the cart to place the order.
3. Introduction of the basic personal data and possibility of registration.
4. Introduction of the shipping address.
5. Selection of the shipping method.
6. Confirmation of the payment of the order.
The steps to follow to make the purchase as a registered BUYER are:
1. Selection of the products to be included in the shopping cart.
2. Access to the shopping cart to place an order.
3. Identification of the BUYER through his user and password.
4. Confirmation of personal data.
5. Confirmation of the shipping address.
6. Selection of the shipping method.
7. Confirmation of the payment of the order.
It is also recommended that the PURCHASER prints and/or keeps a copy of the terms and conditions of sale on a durable medium when placing the order, as well as the proof of receipt sent by www.productosleoneses.com by e-mail.
7. INVOICING
Together with his order, the BUYER shall receive the corresponding invoice in physical format issued by the SELLER.
8. DELIVERY
The order will be delivered to the address designated by the BUYER at the time of contracting.
The scope of delivery includes the following areas: national territory, except: Balearic Islands, Canary Islands, Ceuta and Melilla.
The logistics management of orders corresponds to the company Seur so the Provincial Council of León and / or Proconsi SL assume no liability whatsoever for breach of the obligations described in this clause due to an action or omission carried out by the logistics operator, without prejudice to the processing that Proconsi SL may be carried out to resolve the incidents occurred.
The BUYER undertakes to provide www.productosleoneses.com with the correct delivery address data, which will be used by the SELLER to carry out the shipment. In the event that an order is placed and is in the process of delivery by the transport agency and cannot be delivered for reasons beyond the control of the transport agency to the USER BUYER, he/she shall not be entitled to any claim whatsoever. Proconsi SL, who will process a charge to the BUYER for the value of the shipping costs as return shipping costs.
Orders will be delivered within 5 working days after confirmation of payment, this period may be reduced depending on the products purchased.
The delivery time for orders placed after 3:00 p.m. on Fridays will be counted from the following Monday, the day on which the preparation of the order will begin.
9. PRICES, EXPENSES AND TAXES
The prices of the products that are collected in Productos Leoneses will be expressed in Euros unless otherwise expressed and will be guaranteed during the time of validity of the same, except for printing error and whatever the destination of the order.
The final prices of all the products, (and in its case, the final prices by unit of measurement, when it is obligatory) next to its characteristics, the offers, discounts, etc., are reflected in each one of the articles that appear in the catalog of Productos Leoneses.
- VAT is included in the products.
- Shipping costs will depend on the products purchased.
The prices of the products may vary at any time. In this case, the price to be applied will be the one in force on the date the order is placed. In any case, the final cost will be communicated to the BUYER in the electronic purchase process before he/she formalizes his/her acceptance.
10. PAYMENT METHODS
Productos Leoneses offers the following payment methods:
a. Credit/debit card.
You can make the payment immediately through the SSL secure payment gateway of our Bank. If it is necessary to make any refund or cancellation of the order, the amount will be refunded through the same payment card. Both personal and banking data will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of natural persons with regard to the processing of personal data and the free movement of such data detailed in the Legal Notice and Privacy Policy of the website.
11. RETURN AND CANCELLATION POLICY
Proconsi SL is a mere intermediary between BUYERS and SELLERS, so it does not buy or sell products of any kind. Diputación Provincial de León is the owner of Productos Leoneses, a marketplace for buying and selling products, and all transactions carried out in it are between the buyer user and the seller user. In accordance with consumer regulations, the intermediation services provided by Proconsi SL may not be subject to withdrawal by the User when the transaction has been confirmed to the BUYER and the SELLER because the service is understood to be fully executed, a circumstance that is known and accepted by the BUYER and the SELLING USER. Until that time, any of the users may withdraw from the intermediation services, free of charge, by cancelling the specific product by the SELLER or by cancelling the order placed by the BUYER, or by any other communication to Proconsi SL requesting the above, and indicating their decision to withdraw from the services with an unequivocal statement, through the means of contact indicated on the website. In case of withdrawal, we will refund all payments, if any, we have received from the user, without undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw. We will reimburse you by the same means of payment used for the initial transaction unless you have instructed us otherwise. Also, as this is a service, consumer product warranties do not apply.
On the other hand, according to the regulations, the BUYER shall have the right to WITHDRAW from the contract with the SELLER for a maximum period of 14 calendar days without stating the reason and without incurring any cost, except those provided for in art. 107.2 and 108 of RD1/2007, of November 16, which approves the text referred to the General Law for the Defense of Consumers and Users.
This right of withdrawal is not applicable to, among others:
- Provision of services already performed or started.
- Contracts for the supply of goods whose price is subject to fluctuations of financial market coefficients that the entrepreneur cannot control.
- Contracts for the supply of products made to the specifications of the consumer and user or, clearly personalized, or which by their nature cannot be returned or are likely to deteriorate or expire rapidly.
- Supply of sealed goods that cannot be returned for health or hygiene reasons.
- Supply of goods that after delivery have been mixed with other goods.
- Supply of alcoholic beverages whose actual value depends on market fluctuations.
- Contracts for the supply of sound or video recordings, discs and computer programs that have been unsealed by the consumer and user, as well as computer files, supplied electronically, which can be downloaded or reproduced immediately for permanent use.
- Contracts for the supply of daily newspapers, periodicals and magazines.
- Contracts through public auctions.
- Supply of accommodation services or services related to leisure activities if the contract provides for a specific date or period of performance.
In this way, the BUYER shall have a maximum period of 14 calendar days from the day of receipt of the ordered product to inform the SELLER of his wish to withdraw from the contract. The communication of the withdrawal must be sent by the BUYER to the SELLER, through any of the means of contact provided in the product file. All communication will be made through Proconsi SL, who will provide the means and processes necessary to process the return.
During this period, the BUYER shall communicate to the SELLER his decision to withdraw from the contract through the e-mail address info@productosleoneses.com.
Proconsi SL will communicate to the consumer on a durable medium an acknowledgement of receipt of the withdrawal.
The withdrawal implies that Proconsi SL will proceed to refund the amount already paid by the BUYER within a maximum period of 14 calendar days, following the same procedure chosen by the BUYER for its payment (provided that the purchased product is not within the exceptions indicated above). The SELLER shall bear the costs involved in the processing of this operation.
To proceed with the return of a product it will be essential that it is in perfect condition and with its original packaging, with all its accessories and without having been used.
Once we receive your request we will contact the user to tell you the details of the return.
The PURCHASER shall bear the direct cost of returning the product and transportation. The PURCHASER must return the goods in the same conditions as received.
12. WARRANTY
To the service offered by Proconsi SL through Productos Leoneses the guarantees of the consumer products are not applicable. On the other hand, it will be applicable to the products sold by the SELLER and purchased by the PURCHASER.
The products purchased through Productos Leoneses enjoy a warranty period that will vary according to the product in question and the corresponding VENDOR, covering possible manufacturing defects of the product, as well as any breakdown produced during said period. The warranty period shall be deemed to commence from the time of purchase of the product.
The legal warranty for products sold by external sellers is provided by the external sellers.
Excluded from the warranty are consumable products, defects caused by improper use or handling, connection to the mains other than that indicated, incorrect installation or defects resulting from any external cause.
For products of a durable nature, the consumer shall be entitled to an adequate technical service and the existence of spare parts for a minimum of 5 years from the date on which the product ceases to be manufactured, without being able to increase the price of the spare parts when applying them in repairs.
To avoid problems with the installation or operation of the purchased product, make sure that you have followed the installation and operating instructions contained in the user manuals. If, even so, the purchased product does not work properly, you should immediately contact the VENDOR's customer service and technical assistance services to process the warranty claim.
The VENDOR will usually require you to provide the following information:
- Invoice number.
- Identification of the specific model.
- Serial number, if applicable.
In order to know the steps to be taken in the event of problems or breakdowns in a product, the BUYER may contact the SELLER, through any of the means provided in its file.
13. RESPONSIBILITY AND EXONERATION OF RESPONSIBILITY
Productos Leoneses is a marketplace that puts buyers and sellers of different products in contact, in no case it owns or exercises any ownership or control of the products offered for sale, exonerating itself from any responsibility in case of disagreement between the parties. Notwithstanding the foregoing, Proconsi SL will use the utmost diligence to ensure the proper functioning of the platform.
All the information of the products published in Productos Leoneses has been incorporated and published by the VENDOR that offers the product for sale so Proconsi SL can not guarantee the quality of the same, as well as the veracity of the images and / or descriptions published by the sellers.
Proconsi SL shall in no case be responsible for the content, operation and/or data protection policy or other terms contemplated in other web sites that may be accessed by the inclusion of a link in Productos Leoneses, nor for the contents, services or products offered from them, unless these other sites are property of Proconsi SL. The hyperlinks contained in Productos Leoneses may lead to third party websites. Proconsi SL incorporates them to facilitate user navigation, in no case assumes responsibility for the content, information or services that may appear on these sites, which are for information purposes only and in no case imply any relationship between the third party and Proconsi SL.
The access, contracting and use of the products offered by Productos Leoneses requires a computer or mobile device and an Internet connection. The costs associated with these elements are not included in the prices described in these legal conditions.
Proconsi SL develops the maximum diligence in the implementation of security measures, however, it does not assume any responsibility in relation to the custody and good use of the passwords to access Productos Leoneses, which will be the exclusive responsibility of the User.
14. CUSTOMER SERVICE AND COMPLAINTS
To file any complaint or claim before Diputación Provincial de León and Proconsi SL, the user should contact the customer service department either by telephone at 987 281 906, or through the email address info@productosleoneses.com.
According to the EU Consumer Online Dispute Resolution and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.
15. INTELLECTUAL AND INDUSTRIAL PROPERTY
Diputación Provincial de León is the owner of the intellectual and industrial property rights or has obtained the necessary authorizations or licenses for their exploitation, associated with the domain name, trademarks and distinctive signs, the application, the published contents, the computer programs and the rest of the works and inventions contained or related to Productos Leoneses and the technology associated with the same.
The contents of Productos Leoneses, including designs, applications, text, images and source code, are protected by intellectual and industrial property rights.
The contents of Productos Leoneses may not be used, reproduced, copied, transformed or transmitted in any form whatsoever without the prior, written and explicit permission of Diputación Provincial de León.
Diputación Provincial de León and Proconsi SL do not assume any responsibility for the intellectual or industrial property rights of the contents that the USERS selling products include in their product offers.
16. APPLICABLE LEGISLATION
The present conditions shall be governed by the Spanish legislation in force.
The language used will be Spanish.