Purchase Conditions

This document establishes the General Conditions of Contract for the website lajairadeana.com, which is dedicated to the sale of products by Anabel Calderín Castro (hereafter referred to as La Jaira de Ana), with Tax ID (NIF) 42245701Z and located at Acequia San Anton, 40, 35260 Agüimes, Las Palmas, Spain. These conditions apply to individuals or legal entities (hereafter referred to as the contracting person or user) who express their intention to purchase products available on the website lajairadeana.com by making a request through electronic means, specifically via the internet on this website owned by La Jaira de Ana.

1. Information and Contractual Documentation. Acceptance of the Contract

The General Conditions of Contract are permanently displayed on the website lajairadeana.com, owned by La Jaira de Ana, allowing any user to archive them, print them, and thus be informed in advance of the conditions under which the products will be contracted.

These General Conditions are reiterated along with a summary of the specific request – specific product(s) contracted, cost including taxes if applicable, etc. – for explicit acceptance by the contracting person – by clicking on “I have read and accept the general conditions of sale” – each time a specific request is made through the website.

It is technically impossible for the contracting person to finalize the request without having accepted these General Conditions. To make this acceptance and therefore place the order, the contracting person must provide their data when making the order on lajairadeana.com, at which point they accept these Conditions.

The contracting person, by accepting these Conditions, gives their express and unreserved consent for La Jaira de Ana to carry out the necessary billing operations for the purchase of the contracted product, expressly authorizing Anabel Calderín Castro to make charges using the payment methods selected or entered from the secure area enabled for this purpose, in accordance with payment services regulations.

These General Conditions, together with the specific request made through the Internet by the contracting person – also called “Specific Conditions” – constitute the content of the contract between La Jaira de Ana and the contracting person who declares to have sufficient capacity to contract and to have read, understood, and accepted these conditions.

La Jaira de Ana will send confirmation of the order made to the email address associated with the contracting person’s account within no more than twenty-four hours after the contract is made.

The contracting person will have permanent access to these General Conditions on the website. Any subsequent modification of these General Conditions will be clearly displayed in an easily accessible place on the lajairadeana.com website. All the documentation mentioned above can be printed and archived by the contracting person and can be requested at any time from the Customer Service via email sent to info@lajairadeana.com, or by calling the phone number +34 623 105 316.

Any request for information or claim deemed pertinent can be made to the Customer Service at the addresses identified in the previous paragraph. The Service will acknowledge receipt of the submitted claim by sending the relevant voucher – with the corresponding identification key – to the email address that must be provided to the Customer Service to process the claim.

2. Purpose

By this contract, La Jaira de Ana commits to delivering to the contracting person the product they have requested through the website lajairadeana.com in exchange for a certain price and under the conditions established in this document.

3. Rights and Obligations of La Jaira de Ana

3.1. Delivery of the Product

La Jaira de Ana commits to delivering the product in perfect condition to the address specified by the contracting person on the order form where the specific conditions that are attached to these general conditions are stated. La Jaira de Ana will not be responsible for errors in delivery when the data entered by the contracting person on the order form does not reflect reality or have been omitted.

Unless otherwise agreed, La Jaira de Ana will deliver the product by transferring its physical possession or control to the contracting person, without undue delay and in accordance with the deadlines indicated on the website, which in no case will exceed thirty natural days from the conclusion of the contract.

The products offered on the website are subject to stock limits. In case the product requested by the contracting person is unavailable, they will be informed of this lack of availability before finalizing the purchase, on the product page itself and, in any case, by email once the purchase request is received. If this information was not provided and the contracting person had purchased a product that was out of stock, the amount paid will be returned without undue delay.

3.2. Responsibility of La Jaira de Ana

La Jaira de Ana will not be liable for:

3.2.1. Errors, delays in access by the contracting person when entering their data in the order form, the slowness or inability of confirming the order or any anomaly that may arise when these incidents are due to problems on the Internet

4. Rights and Obligations of the Contracting Person

4.1. Payment

The contracting person agrees to pay the amount for the product actually requested in the amount and form established in these Conditions.

4.1.1. Amount

The fee for the product actually requested by the contracting person will be the one indicated on the website and appearing in the specific request of the contracting person at any given time (except in the case of a typographical or obvious error); these requests will constitute the specific conditions of the order. The price of the product shown on the website is always indicated in euros, including taxes.

In case of an error in the price of the product requested by the contracting person, La Jaira de Ana will inform them as soon as possible and give them the option to reconfirm the order at the correct price or cancel it. If the contracting person cannot be contacted, the order will be considered canceled, and any amounts paid will be fully refunded without any entitlement to compensation.

The final complete price will include: taxes or fees, the amount of increases or discounts applicable to the offer, and additional expenses – for example, those associated with transport, payment methods, etc. – that are charged to the contracting person, which will be expressly accepted by the contracting person.

No charges will be billed to the contracting person that exceed the cost borne by La Jaira de Ana for the use of certain payment methods.

La Jaira de Ana will issue the invoice corresponding to the contracted product detailing all the components that make it up. The contracting person expressly consents to the sending of the invoice electronically, to the email address provided when processing the order. At any time, the contracting person can express their wish to receive the invoices on paper by writing to the Customer Service.

4.1.2. Payment Methods

The contracting person must pay the amount corresponding to the contracted product using any of the payment methods/procedures available on the website. Any additional costs associated with the selected payment methods must be paid and confirmed independently in the terms indicated on the website.

4.2. Right of Withdrawal

The contracting party, provided they hold the status of a consumer, may withdraw from the contract concluded on lajairadeana.com within a period of fourteen calendar days without giving any reason. This period begins from the day on which physical possession of the last of the goods included in the contract is acquired, except in the case of a contract for the regular delivery of goods over a specific period, in which case the withdrawal period shall begin with the delivery of the first good.

4.2.1. Scope

These provisions apply solely to Clients who hold the status of a consumer or user in accordance with Article 3 of RDL 1/2007 (a natural person acting for purposes outside their trade, business, craft, or profession). They do not apply to clients acting within the framework of a professional or business activity, whose returns shall be governed by the commercial clauses of this contract (claims for defects, hidden flaws, etc.).

4.2.2. Deadline

The consumer has fourteen (14) calendar days to withdraw from the contract without giving any reason. The period is calculated from the date of receipt of the goods by the consumer or a third party indicated by them, other than the carrier (Art. 104 RDL 1/2007). For orders consisting of multiple goods delivered separately, it is calculated from the receipt of the last good. In the case of service contracts, it is calculated from the conclusion of the contract.

4.2.3. Exercise of the Right

The consumer may exercise their right of withdrawal via the “Withdraw from the contract here” button available in their account and order history (direct link to the withdrawal form), or by communicating via email to info@lajairadeana.com, or to the postal address Anabel Calderín Castro, at Acequia San Anton, 40, 35260 Agüimes, Las Palmas, Spain. An acknowledgment of receipt will be sent on a durable medium without delay.

4.2.4. Extension due to Lack of Information

If La Jaira de Ana fails to comply with the duty to provide information regarding the right of withdrawal, the withdrawal period shall expire twelve (12) months after the expiration of the initial withdrawal period (Art. 105 RDL 1/2007).

4.2.5. Exceptions

The right of withdrawal shall not apply to the cases set forth in Art. 103 RDL 1/2007, in particular:

• Goods made to the consumer’s specifications or clearly personalized (Art. 103.c).
• Sealed goods which are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery (Art. 103.e).
• Sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery (Art. 103.i).
• The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and with their acknowledgment that they thereby lose their right of withdrawal (Art. 103.m).

4.2.6. Consequences

Upon valid exercise of the right of withdrawal, La Jaira de Ana shall reimburse all payments received, including the costs of standard delivery, within a maximum of 14 calendar days from the day on which we are informed of the decision (Art. 107 RDL 1/2007), using the same means of payment as used for the initial transaction. La Jaira de Ana may withhold the reimbursement until the goods have been received back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest. The consumer shall send back the goods within a maximum of 14 calendar days from the day on which they communicate their decision, bearing the direct cost of returning the goods. The consumer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

4.3. Responsibility of the Contracting Person

In any case, it will be the responsibility of the contracting person:

The contracting person assumes all risks of deterioration, impairment, damage, and loss of the product from the moment it has been made available by the third party who, on behalf of La Jaira de Ana, carries out the delivery of the requested product.

The contracting person commits to checking the good condition of the product with the third party who, on behalf of La Jaira de Ana, carries out the delivery of the requested product, this check to be carried out before signing the receipt of the delivery.

5. Resolution

La Jaira de Ana and the contracting person may terminate this contract for any of the reasons established in the laws and, in particular, for non-compliance with these General Conditions. The resolution of the contract may be exercised by contacting the other party at: the postal address provided by the contracting person when contracting the service, and at the domicile of La Jaira de Ana, properly identifying the contract intended to be resolved.

6. Copyright and Trademark

La Jaira de Ana informs that the proprietary content, programming, and design of the website lajairadeana.com are fully protected by copyright laws, and any reproduction, communication, distribution, and transformation of these protected elements is expressly prohibited unless explicitly consented by La Jaira de Ana. La Jaira de Ana may use external sources to develop its content on certain occasions and/or establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate copyright owner of these included informations may request the removal of such references at any time.

7. Warranty

All products available in our online store come with a legal warranty. If a product purchased from La Jaira de Ana is found to be defective, please contact us so we can proceed with its repair, replacement, price reduction, or refund.

Repair and replacement will adhere to the following rules:

• They will be free of charge for the consumer. This includes the necessary expenses made to rectify the non-conformity of the products with the contract, especially shipping costs, as well as, where applicable, the costs related to labor and materials.
• If after the repair and delivery of the product, it still does not conform to the contract, the customer can demand the replacement of the product, unless this option is disproportionate, a reduction in the price, or the termination of the contract.
• If replacement does not make the product conform to the contract, the customer can demand the repair of the product, unless this option is disproportionate, a reduction in the price, or the termination of the contract.
• Replacement cannot be demanded for non-fungible products.

Price reduction and contract termination will adhere to the following rules:

• They will proceed, at the customer’s choice, when the customer cannot demand repair or replacement and in cases where these have not been carried out within a reasonable time.
• Resolution will not proceed when the lack of conformity is of minor importance.
• The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it conformed to the contract and the value of the product actually delivered at the time of such delivery.

The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. The seller is liable for any lack of conformity that appears within two years of delivery. You can contact us by email at info@lajairadeana.com or by phone at +34 623 105 316.

Notwithstanding the above, the Seller has the right to investigate the claim, and evidence proving the defect or non-conformity may be requested. If the investigation proves that there is no notified defect, or it is not the responsibility of the Seller, the Seller has the right to be reimbursed by the Customer for the costs incurred due to the claim.

If repair proceeds, it suspends the two-year period from the time the product was made available to La Jaira de Ana until it is delivered to the customer. Replacement suspends the term from the time the customer exercises this option until the delivery of the new product.

Warranty Exceptions:

• Any scratches on the product packaging are not considered damage.
• Damages associated with the customer’s handling of the product are not covered by the warranty (scratches, breaks, stains, loss of cases or packaging, etc.).
• Damages associated with the handling of the product during the delivery process must be notified to the delivery person, or within a period of no more than 24 hours to be able to make the exchange and claim to the transport company.

8. Data Protection

The data provided by the contracting person in accordance with these General Conditions will be processed as stipulated in the Privacy Policy published on the website.

9. Jurisdiction and Applicable Law

These general conditions are governed by the provisions of Spanish legislation and applicable European regulations. Any controversy arising from or related to the use of the website will be subject to the non-exclusive jurisdiction of the Spanish courts of the province of Las Palmas de Gran Canaria. If it concerns a consumer, current legislation allows them to choose to file a claim to enforce their rights related to these Conditions in the court or courts corresponding to their domicile.

Additionally, you are reminded that you can access the European Union’s online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

10. Other

10.1. Partial Nullity

If any clause of this document is declared void, the other clauses will remain in effect and will be interpreted taking into account the will of the parties and the purpose of these conditions. La Jaira de Ana may choose not to exercise some of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly acknowledged by La Jaira de Ana.

Date: 08/09/2023 Version: 1.0