CONDITIONS OF PURCHASE

You are informed according to Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

OWNERSHIP OF THE WEBSITE

María Luisa López Ávila, hereinafter the Owner, with Tax Identification Number: 07003132T. Registered at C/ Dimas Madariaga 27, 2º B.- Código Postal 37005 Salamanca, with email address margara@margara.es which you can write to in the event of a dispute or request for information on this notice. María Luisa López Ávila is the owner of the site www.margara.es and responsible for the private customer area where they, by registering, can instantly make enquiries, handle administrative tasks or make purchases, only if the customer accepts the relevant legal notices and conditions of purchase prior to registration. This page provides customers with products and services offered by the entity.

Remember that if you do not agree with the conditions set out in this document, you should not continue browsing or accessing the contents of the same and that, in any case, the fact of accessing each webpage of the site implies acceptance of the aforementioned conditions.

To purchase products or services it will be necessary to register with your details, which will be subject to the current Data Protection Act with all its rights and obligations. Each user will be assigned a username and unique password for access and identification. The User is obliged to keep his/her password confidential, as it is personal and non-transferable, and undertakes to follow the instructions of the service provider regarding its use.

The use of the access service is governed by the terms and conditions set out in the Terms and Conditions of Use information on the website.

Denial of Access: Our company reserves the right to deny or withdraw access to the website at any time to Users who do not comply with the services’ General Terms and Conditions of Use or those which may be applicable, as appropriate, as well as those who make inappropriate use of the service.

1. Information prior to contracting
   
   The contract between María Luisa López Ávila and the User for the purchase of products will result in all the legal effects, when consent and the other necessary requirements for its validity, established in the current legislation, concur. The products offered are aimed at end consumers. Therefore, you are informed that under current legislation, a consumer is any natural person who does not carry out any commercial activity, and buys for their own consumption. 
2. Regular prices and “SPECIAL OFFERS” published on the website: The prices displayed on this website may be reviewed and modified at any time, if conditions so require. For this reason, you are informed in advance that it is possible that a tab with the word “SPECIAL OFFERS” may appear on this website; these offers will remain on sale while stocks last, until the deadline of the same or when the manager considers it appropriate to end the promotion or special offer. This will be shown with the prices corresponding to each of the products displayed on the portal. For this purpose, the special offer price and the regular price will be indicated (crossed out), offering truthful and transparent information at all times. All prices for products displayed on this website include the VAT in force in Peninsular Spain and the Balearic Islands. The taxable amount plus VAT can be found in the shopping cart when finalising the purchase, in the final invoice.
3. Consumer information on the exercise of the right of withdrawal: The exercise of the right of withdrawal is established in 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, in accordance with the content of Article 68: “The consumer and user has the right to withdraw from a contract and to cancel the contract concluded, notifying the other contracting party within the period established for the exercise of this right, without the need to justify their decision and without any kind of penalty”. This means the user can exercise the right to withdraw from the contract signed with the retailer within 14 (fourteen) calendar days without the need for any justification.
4. Exercise of the Right of Withdrawal: To exercise the right of withdrawal, the User must notify his/her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by registered post or email). You may use the model withdrawal form set out in this section.
   
   INSTRUCTIONS FOR COMPLETION: Send the letter by registered post or email to the following addresses: 

Email: margara@margara.es

Postal address: MARGARA, C/ Dimas Madariaga 27, 2º B.- Código Postal 37005 Salamanca, Spain.

The contact telephone number is 689 871 357.

MODEL WITHDRAWAL FORM

(This form should only be completed and sent if you wish to withdraw from the contract):

1. • Consumer’s personal data:
   • Consumer’s address:
   • Date of withdrawal:

I hereby give notice that I withdraw from the contract of sale of the following product:

SERIAL NUMBER:
PRODUCT NAME:
REFERENCE NUMBER:
ORDER/INVOICE NUMBER:

– Consumer’s signature:

(It is essential to provide the above personal details; if they are not provided, it will be understood that the right of withdrawal cannot be exercised).

The withdrawal period will start from the day on which the buyer receives the order, in any event subject to the provisions of Article 104.

Without prejudice to Article 105, the withdrawal period shall end 14 calendar days after: a) In the case of service contracts, the day of concluding the contract. b) In the case of sales contracts, the day on which the consumer and user or a third party, other than the carrier and indicated by him/her, acquires the material possession of the goods ordered, or: 1. In the case of delivery of multiple goods ordered by the consumer and user in the same order and delivered separately, the day on which he/she or a third party indicated by him/her, other than the carrier, acquires the material possession of the last of the goods. 2. In the case of delivery of goods made up of multiple components or parts, the day on which the consumer and user or a third party indicated by him/her, other than the carrier, acquires the material possession of the last component or part. 3. In the case of contracts for the periodic delivery of goods during a specified period, the day on which the consumer and user or a third party indicated by him/her, other than the carrier, acquires the material possession of the first of those goods.

The right of withdrawal is subject to the following conditions:

1. • Product returns will not be permitted if the packages or packaging have been tampered with or are unsealed.
   • Products from the same order must be returned in the same shipment; returns of the same order will not be accepted separately.
   • Products must be in their original packaging and with the warranty seals, if applicable.
   • The period of 14 (fourteen) calendar days must not have elapsed, according to the conditions indicated in the Law.
   • If the product does not meet the aforementioned conditions, you will be sent an email arguing that the exercise of the Right of Withdrawal is not applicable.
   • María Luisa López Ávila may withhold the amount of the refund until the goods have been received at the physical establishment (C/ Dimas Madariaga 27, 2º B.- Código Postal 37005 Salamanca, Spain).
   • The cost of the return shall be borne by the customer, and must be contracted with the same courier company as the one used for the shipment.
   • Upon receipt of the package, if the buyer observes that it is not properly closed or if it is broken, they must record the fact in writing on the delivery note, and inform the Owner by email (margara@margara.es) in less than 24 hours to proceed to make any possible claims.
   • If the customer does not make a complaint within 24 hours of receiving the product, the Owner will assume that the package was received in the proper condition, and no claim for damage to the package will be accepted.
   • The right of withdrawal may not be exercised in the case of orders placed on a personalised basis for a single customer.

1. Consequences of withdrawal: If the right of withdrawal request from the customer is accepted by the Owner due to having met all legal requirements, fulfilling Article 76, all payments received by the same will be returned, without undue delay, within a maximum of 14 calendar days from the date on which he/she has been informed of the consumer and user’s decision to withdraw from the contract. In the event that the customer exercises the right of withdrawal, he/she shall bear the cost of return. In addition, in order to avoid damaging the product, the customer must use the same parcel delivery company, otherwise the customer assumes responsibility for any possible deterioration and changes of nature that may occur. 

We will proceed to make a refund by means of the same means of payment used by the customer for the initial transaction, unless the customer has expressly established otherwise, in a reasoned manner. In any case, no costs will be incurred as a result of the refund, except for shipping costs, which shall be borne by the customer.

When the customer exercises the right of withdrawal, when the goods are returned to them, if the goods suffer deterioration or a change in the nature or purpose of use of the same, the consumer shall bear the cost of repair, which involves restoring the goods to their original use.

THE OWNER provides clear, understandable, truthful and sufficient information on the characteristics of its products, in particular regarding their legal and economic conditions. For this reason, products on sale offer the maximum guarantee, both from a technical and legal point of view.

The online purchase service through the portal is regulated by these Specific Terms and Conditions, subjecting the purchase of products to the following characteristics:

• Contracting users must be over 18 years of age.
• Orders on the portal shall be requested in advance by the customer from the website Owner using the shopping cart.
• Once the customer has made the purchase request, it will be confirmed digitally in writing to an email account provided by the customer.
• Once the order has been confirmed, the price to be paid by the customer will be indicated on the order form together with the corresponding taxes and postage.
• Once the order confirmation has been sent by the seller, the contract shall be deemed to have been concluded and shall be executed in accordance with the general terms and conditions specified in point four.
• The shopping cart will lead to the payment gateway, where payment will be made electronically. In the event that cash on delivery is chosen, the costs of this will be borne by the customer and the goods or service will not be delivered until payment has been made.

Due to the continuous changes in tariffs experienced by the transport sector, the amount will be indicated at the time of the shipment (if transport is necessary), and can be included if the article announces this on the Web portal.

All “SPECIAL OFFER” items will be subject to shipping costs, which will vary depending on where the package is to be sent, where applicable.

Informative note for tax purposes: VAT will not be charged on sales to the Canary Islands. In no case will we be able to determine the amount of taxes to be paid by the customer on receipt of the order as in the case of the Canary Islands, this depends on the IGIC and the Canary Islands customs office.

The delivery company for the products displayed on this portal will depend on the material to be shipped, where applicable.

Informative note: Shipping costs may be free when indicated on the item purchased or on the website, but if the item is returned, the costs will always be charged to the customer.

The Owner reserves the right to modify, temporarily suspend or cancel the service at any time.

The Owner reserves the right to reject purchases that do not pass the security controls established in its e-commerce systems, or in the security systems of the payment service providers it has contracted for managing payments on this portal.

Additional costs: The price of postage is considered as an additional cost to the goods or service to be supplied; the price may appear on the payment gateway when it is possible to finalise the purchase by this means. In the event that it is not possible to finalise the purchase by this means, the price of postage may be requested by email or telephone; the causes of the impossibility of finalising the purchase via the shopping cart may be due, without prejudice to other reasons, to the unavailability of the system or payment gateway, or its temporary or total suspension. Postage will be free for in-store delivery, unless otherwise indicated on the page of the item purchased.

Shipping methods and delivery times:

• Delivery times will be for each item as stated on your purchase page; where the delivery time does not appear, this will be within 30 calendar days, except for reasons outside our control.
• Shipments to post office boxes will not be accepted.
• As long as the item is in stock, the OWNER guarantees to process the order on the day it arrives, or the day payment is received.
• The OWNER reserves the right to change the type of shipment and carrier transporting the goods, provided that this is not clearly detrimental to the customer.
• The User is informed that, when the goods are delivered, if he/she is not in, and a second delivery has to be made to the customer’s home, the delivery charges will be exclusively at his/her expense, or he/she will have to go to the delivery company’s branch that corresponds to him/her by location, to proceed to collect the order.

The cardholder is responsible for his/her own transactions on this website, and the OWNER assumes no liability for transactions not authorised by the cardholder himself/herself on this portal.

For the payment process, the services of external third parties, and in particular the following payment services, are used:

• Bank transfer
• Cash on delivery
• Credit card

Users are informed that until the bank transfer reaches our bank, the delivery of the product will not be formalised. Consequently, the OWNER will not be held responsible for any delay in delivering the product.

All means of payment, except for reimbursement, are made through the electronic payment gateway system of the Bank’s financial institution or the payment gateway, which functions as a virtual point of sale terminal. The provider of this service will request some details from the User in order to make the payment, in accordance with the payment methods offered by the provider. In no case will the Owner store customer data linked to the payment, with the exception of data which are mandatory on the invoice.

The customer who chooses the cash on delivery payment method must take the following requirements into account. The following conditions must be met in order for a cash on delivery payment to be made:

1. The delivery of goods or merchandise is essential. No services may be paid for by cash on delivery.
2. The buyer and the seller’s representative (the carrier) must be present at the time of delivering the product.
3. If the customer pays in cash: If at the time of delivery, the online buyer does not have coins or banknotes, the carrier will NOT be able to deliver the product.

• The delivery of the complete online order, which will include the cost of the purchased goods including VAT, the cost of delivery to the carrier’s address and the cost of the cash on delivery method.

1. The customer who chooses the cash on delivery payment method on this website will see the final price increase by between 5% and 7% of the total amount, depending on the transport company chosen.

Once the payment process has been successfully completed, the contract will be deemed to have been concluded and the OWNER will confirm the contract by email, in accordance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (see this site’s legal notice).

Customer Service: in accordance with the Law on Consumers and Users, in the case of contracts outside a commercial establishment, the OWNER provides its customers with a reliable and economical means of information.

Electronic Contract: The purchase contract consists of the sales document (delivery note, receipt or invoice) and the conditions of sale and dissent that you are reading, according to Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Binding Consumer Laws.

As part of the contract, the sales document will not be stored online, but you can request this, as well as proceed with any other complaint or suggestion:

• By email: margara@margara.es
• By post: María Luisa López Ávila C/ Dimas Madariaga 27, 2º B.- Código Postal 37005 Salamanca, Spain. 

Please enclose a photocopy of your ID card or document proving your identity.

Credit card information.

If your credit card number and related information is requested to carry out a promotional transaction or when an individual places an order with the Owner, the site requesting the number will be protected by SSL encryption software and encrypted. This is a banking gateway where the Owner’s website acts as a mere intermediary, will not be responsible for such data and will not use them; the financial institution is that which collects and processes the credit card data to finalize the purchase transaction. The Owner will not be responsible for transactions made with third parties even if their offers and promotions are included on the Owner’s sites.

The delivery policy for orders and possible product changes shall be governed by the following rules:

1. The Owner reserves the right to modify, temporarily suspend or cancel the service at any time.
2. The Owner is not responsible for any possible errors that may arise due to computer system failures or human error that may arise in the invoicing, sale of products or commercial communication. In such a case, they will be rectified objectively, without giving rise to compensation or additional payments to the customer, and the User will be offered the option to place a new order or to withdraw it, with the money the customer had paid in the initial purchase being refunded where appropriate.
3. If for reasons not attributable to the Owner or force majeure, an out-of-stock product is offered for sale, and is purchased by a user in the online shop, the Owner undertakes to act in good faith and offer the User one of the following options: 
   • To refund the amount the customer paid for the purchased product, without any type of compensation to the customer, through the same means by which payment was made.
   • To replace it with another model, of equal quality and value, in stock, subject to the customer’s consent.
   • If the same product is available at a later date, it will be sent by a new delivery date, previously agreed with the customer. Otherwise, if the customer is not satisfied, the amount paid will be refunded.

1. The product warrantee will be that which appears in its description, when the product is subject to this. In addition, all the objects of the OWNER purchased by the Users in the present portal have the legal warrantee characteristic of consumer goods, i.e. their conformity with their description in the Portal and with the present Specific Terms and Conditions. Services will have no warrantee other than that described in their specific terms and conditions.

Before contracting, the customer will have at his/her disposal information from the portal on the procedures to be followed to conclude the electronic contract of sale of products or services through the Service.

The online purchase procedure consists of several stages:

• Choosing products or services.
• The customer filling in the personal and identification data form.
• The OWNER confirming the order, at which time the contract is finalised under Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
• Making payment of all amounts to be collected, including taxes.
• Shipping the products chosen by the User, which corresponds to the seller.

For the online purchase process, you will be asked for the data required to carry out the execution and monitoring of the purchase, including delivery of the product and payment.

The billing data will be those contained in the user’s registration. The OWNER is not responsible for any errors made by the User in the data provided to us for the making the purchase, the User must pay attention when completing the forms, without prejudice to the possibility of correcting such data after making the purchase.

If the User enters incorrect data during the purchase process and its correction gives rise to costs, the OWNER reserves the right to charge the User for these costs or to cancel the requested purchase.

To change your registration details, please contact:

• By email: margara@margara.es
• By post: María Luisa López Ávila C/ Dimas Madariaga 27, 2º B.- Código Postal 37005 Salamanca, Spain. 

Please enclose a photocopy of your ID card or other document proving your identity.

The Owner may, at any time, modify the present terms and conditions or introduce new conditions of use, by informing you of this on the website.

In the event of any regulatory action, legal or regulatory measure that, in the reasonable opinion of the Owner, prohibits, substantially restricts or makes the provision of the service commercially unviable, the Owner shall be entitled to: (i) modify the service or the terms and clauses of these conditions in order to adapt to the new situation, (ii) terminate these terms and conditions. The Owner shall be exempt from any liability arising from the actions described in this clause, provided that it publish the modifications on the website.

The collection and processing of personal data supplied by the User, as well as the exercise of the User’s rights over said data, shall be governed by the website’s Privacy Policy, which must be accepted by users prior to using the website.

This is governed by the terms and conditions set out in the Intellectual Property information on the website.

This is governed by the conditions contained in the information:

• For security measures, those listed in the section on Quality of Service and Security Measures.
• For data protection measures, those listed in the Personal Data Protection section of the website.

This is governed by the terms and conditions set out in the disclaimer information on the website.

This is governed by the terms and conditions set out in the information on the use of cookies on the website.

This is governed by the terms and conditions set out in the Disclaimer information on the site.

This is governed by the terms and conditions contained in the Information on Minors on the site.

In accordance with the provisions of current legislation, your data will be treated confidentially, keeping the mandatory duty of secrecy regarding them, for which we have adopted the necessary technical and organisational measures to ensure the security of your data and prevent their alteration, loss, unauthorised processing or access. Given the state of technology, the nature of the data stored and the risks to which they are exposed, in the event of theft, attack or other violations, you and the competent body will be informed within 72 hours of the event.

• SUPERVISORY AUTHORITY.

You have the right to submit a query or complaint to the relevant supervisory authority, at state level this corresponds to the Spanish Data Protection Agency (AEPD) C/ Jorge Juan Nº6 – 28001 – Madrid (912663517, www.agpd.es). If your Autonomous Community has created its own Agency in this respect, you may exercise your right before it.

Information on Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution.

Article 14 – Information for consumers

1. Traders established in the Union concluding online sales or service contracts and online marketplaces established in the Union shall provide an electronic link to the online dispute resolution platform on their websites. This link shall be easily accessible to consumers. Traders established in the Union who conclude online sales or service contracts shall also inform consumers of their email addresses.
2. Traders established in the Union who conclude online sales or service contracts and who have committed or are obliged to use one or more ADR entities to resolve disputes with consumers shall inform consumers of the existence of an online dispute resolution platform and of the possibility of using that platform to resolve disputes. They shall provide an electronic link to that platform on their website and, where the offer is made by email, include the link in the email. Such information shall also be provided, where necessary, in the general terms and conditions applicable to the online sales or service contract.
3. Paragraphs 1 and 2 of this Article shall be without prejudice to Article 13 of Directive 2013/11/EU and to provisions on consumer information on out-of-court dispute resolution procedures contained in other legal acts of the Union, which shall apply in addition to the provisions of this Article.
4. The list of ADR entities referred to in Article 20(4) of Directive 2013/11/EU and its updates shall be published on the online dispute resolution platform.
5. Member States shall ensure that ADR entities, centres of the European Consumer Centres Network, competent authorities as defined in Article 18(1) of Directive 2013/11/EU and, where applicable, bodies designated in accordance with Article 14(2) of Directive 2013/11/EU provide an electronic link to the ODR platform.
6. Member States shall encourage consumer associations and business associations to provide an electronic link to the online dispute resolution platform.
7. Where traders are required to provide information pursuant to paragraphs 1 and 2 and the provisions referred to in paragraph 3, they shall, where possible, present that information together.

“Article 66a. Delivery of goods purchased under a contract of sale. 1. Unless otherwise agreed by the parties, the trader shall deliver the goods by transferring material possession or control of the goods to the consumer and user without undue delay and within a maximum period of 30 calendar days from the conclusion of the contract. 2. If the trader fails to fulfil his/her obligation to deliver, the consumer and user shall call upon him/her to comply within a further period appropriate to the circumstances. If the trader fails to deliver the goods within that additional period, the consumer and user shall be entitled to terminate the contract. This paragraph will not apply where the trader has refused to deliver the goods or where the delivery period is essential in view of the circumstances surrounding the conclusion of the contract or where the consumer and user informs the trader before the conclusion of the contract that delivery before or on a specific date is essential. In such cases, if the trader fails to fulfil his/her obligation to deliver the goods within the period agreed with the consumer and user, or within the period set out in paragraph 1, the consumer and user shall be entitled to terminate the contract immediately.

1. When the contract has been terminated, the trader shall, without undue delay, reimburse all sums paid by the consumer and user under the contract. In the event of undue delay in reimbursing these amounts, the consumer and user may claim payment of double the sum due, without prejudice to his/her right to be compensated for any damages suffered in excess of that sum. (See also Article 76a. Effects of exercising the right of withdrawal in ancillary contracts, paragraph 2. Article 107. Obligations and rights of the trader in the event of withdrawal, paragraph 1.)
2. The burden of proof as to whether the time limits referred to in this Article have been met shall be borne by the employer.” Seventeen. Article 66 ter is added, with the following wording: “Article 66 ter. Transfer of risk. When the trader sends the consumer and user the goods purchased, the risk of loss or deterioration of the goods shall pass to the consumer and user when he/she or a third party indicated by him/her, other than the carrier, has acquired their material possession. However, where it is the consumer and user who orders the transport of the goods or where the carrier chosen is not one of those proposed by the trader, the risk shall pass to the consumer and user on delivery of the goods to the carrier, without prejudice to his/her rights against the carrier”.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES
Information on Article 103. Exceptions to the right of withdrawal.
The right of withdrawal shall not apply to contracts relating to:
The provision of services, once the service has been fully delivered, where delivery has begun, with the prior express consent of the consumer and user and with his/her acknowledgement that he/she is aware that, once the contract has been fully performed by the entrepreneur, he/she will have lost his/her right of withdrawal.
The supply of goods or services where the price depends on fluctuations in the financial market which the entrepreneur cannot control and which may occur during the withdrawal period.
The supply of goods made to the specifications of the consumer and user or clearly personalised.
The supply of goods that are likely to deteriorate or expire quickly.
The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
The supply of alcoholic beverages, the price of which was agreed at the time of concluding the sales contract and which cannot be delivered within 30 days, and the actual value of which depends on market fluctuations beyond the entrepreneur’s control.
Contracts where the consumer and user has specifically requested the trader to visit him/her for urgent repairs or maintenance; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
The supply of sealed sound or video recordings or sealed software which have been unsealed by the consumer and user after delivery.
The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
Contracts concluded by means of public auctions.
The provision of accommodation services for purposes other than housing, transport of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
The supply of digital content which is not provided on a tangible medium where delivery has begun with the prior express consent of the consumer and user with the knowledge that he/she loses his/her right of withdrawal as a result.

Spanish legislation shall apply for all litigious actions or those concerning this website, and the Courts and Tribunals of the town and/or province where the “Owner” is registered shall be competent for the resolution of all disputes arising from or related to the use of this website.

BINDING CONSUMER LAWS: 

• Law 16/2011 of 24 June 2011 on consumer credit agreements
• Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November.
• Royal Decree 3423/2000 of 15 December 2000 regulating the indication of the prices of products offered to consumers and users.
• Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce.

Date of entry into force: 25 November 2021