TERMS OF USE AND ONLINE SALE:
Https://iwood-solutions.com
OWNERSHIP OF THE WEBSITE:
- Company: COMERCIAL E INVERSIONES ESTEVEZ Y MERLO E HIJOS SL
CIF: B91011379
Address: CL Virgen de Lujan 28 6 A, 41011 Seville, Spain
E-mail: info@iwood-solutions.com
Website: https://iwood-solutions.com
Commercial Register: Registered in the corresponding Commercial Register 669342997 – - Email: info@iwood-solutions.com
- Responsible: Guillermo Estévez de la Cuesta
1. Introduction
This document (together with all documents referred to herein) sets out the terms and conditions governing the use of this website https://iwood-solutions.com and the purchase of products on this website (the “Terms”). Please read these Terms, our Cookie Policy and our Privacy Policy (collectively, the “Privacy Policy”) carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy Policy, so if you do not agree to all of the Terms and the Privacy Policy, you should not use this website.
If you have any questions regarding the Terms and Conditions or the Data Protection Policies you may contact us at info@iwood-solutions.com, or by calling 677360999.
2. Our data:
The sale of articles through this website is carried out by COMERCIAL E INVERSIONES ESTEVEZ Y MERLO E HIJOS SL with
CIF: B91011379 and address at CL Virgen de Lujan 28 6 A, 41011 Sevilla, Spain. E-mail: info@iwood-solutions.com
3. Your data and your visits to this website
The information or personal data you provide about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of such information and data and declare that all information or data you provide us are truthful and correspond to reality.
4. Use of the website
By using this website and placing orders through this website you agree to:
Use this website only to make legally valid inquiries or orders.
1. Not to place any false or fraudulent order. If we reasonably believe that such an order has been placed, we shall be entitled to cancel it and inform the relevant authorities.
2. Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).
3. If you do not provide us with all the information we need, we will not be able to process your order.
4. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. Service availability
The items offered through this website are available for shipment throughout mainland Spain, Portugal and other international destinations, provided that the system allows automatic transport quotes or the customer requests a personalized quote.
6. How to place an order
To place an order, you must follow the online purchase procedure and click on “Authorize Payment”. After this, you will receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by e-mail that the product is being shipped (the “Shipping Confirmation”). If you detect an error in your order after the completion of the checkout process, you should immediately contact our customer service department at the above telephone number or email address to correct the error.
7. Product availability
All orders are subject to product availability. In the event of difficulties in the supply of products or if items are out of stock, we will refund any amount you may have paid.
8. Delivery
Unless there are circumstances arising from the customization of the products or unforeseen or extraordinary circumstances occur, we will ship the order relating to the products listed in each Order Confirmation within the period indicated on the website, and in any case within a maximum period of 30 days from such confirmation.
The usual estimated delivery time is between 2 and 5 working days for standard products in stock. For special, customized products or products with additional preparation (e.g. wood kits, custom cuts or special packaging), lead times may be extended and will be communicated on a case-by-case basis.
All our shipments are sent through external transport agencies and travel insured. The customer will receive a tracking number once the order has been picked up by the agency.
Delivery shall be deemed to have been made when the customer or a third party indicated by the customer acquires material possession of the product, which shall be evidenced by the proof of delivery provided by the agency.
We ship throughout mainland Spain and Portugal, as well as to other destinations within Europe and the rest of the world, provided that transportation is feasible. The web system will automatically display the available shipping options according to the indicated destination. In case the cost cannot be calculated automatically, the customer will be offered the possibility of requesting a personalized quote during the purchase process, by e-mail or through the contact form. For any doubt or special request, you can write to us at info@iwood-solutions.com.
Important: If you have not received any notification within a reasonable time after purchase, you can contact us at 677 360 999 (Monday to Friday from 9:00 to 18:00) or by email at info@iwood-solutions.com to check the status of your order.
9. Impossibility of delivery
If it is not possible to deliver the order for reasons attributable to the customer (absence at the address, incorrect data, inability to contact, etc.), the agency will make one or more additional attempts. If, after these attempts, delivery is not possible, the order will be returned to our facilities.
In this case, the customer will be notified, who may request a new shipment attempt, bearing the costs of the return transport and the new shipment. If after 15 days from the first notification we do not receive a reply, we will understand that the customer withdraws from the contract, and we will proceed to refund the amount paid, deducting the shipping costs incurred and any associated logistical costs.
10. Price and payment
Prices exclude shipping costs, which will be added to the total amount. Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.
The prices indicated on the website may or may not include VAT, as specified in each product or rate. In all cases, this information will be clearly detailed in the product sheet or in the quotation sent to the customer.
Shipping costs are not included in the price of the product, unless expressly stated otherwise, and will be added to the total amount during the purchase or quotation process.
Prices may change at any time, but these changes will not affect orders already confirmed through an “Order Confirmation”.
11. Value added tax and invoicing
In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the articles shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
In 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 taxes and duties under the regulations in force in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may indicate at any time your desire to receive a paper invoice, in which case, we will issue and send the invoice in that format.
12. Return Policy
Right of withdrawal
If you are contracting as a consumer and not as a professional or company, you have the right to withdraw from the contract within 14 calendar days of receipt of the products, without the need for justification.
This right shall not apply to customized, made-to-measure or clearly personalized products according to the customer’s specifications, as established in article 103 of Royal Legislative Decree 1/2007. This includes, among others, wood kits cut to size, boards or products assembled or modified to order.
The withdrawal period shall expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in case the goods making up your order are delivered separately, 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods.
To exercise the right of withdrawal, you must notify COMERCIAL E INVERSIONES ESTEVEZ Y MERLO E HIJOS SL., at the address, CL Virgen de Lujan 28 6 A, 41011 Seville, Spain, at the telephone number 677360999, or by writing to the e-mail info@iwood-solutions.com your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or e-mail). In order to meet the withdrawal deadline, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period. You can also download this form from our website.
Consequences of withdrawal
Once your right has been confirmed, you must return the products in perfect condition, without having been used or manipulated beyond what is necessary to verify their nature. The cost of return shall be borne by you, unless the reason for the return is a defect or error on our part.
Once we have received the returned products and verified their condition, we will reimburse the corresponding amount by the same means of payment used, within a maximum period of 14 days. We reserve the right to withhold the refund until we have received the goods or a reliable proof of their return.
Damage during transport or incidents
All our shipments are insured. If you receive an order damaged or with any incident attributable to transport, it is essential to notify us in writing within 24 hours of delivery, attaching photographs of the packaging and the product.
After this period, we will not be able to manage any claim before the transport agency or assume any responsibility for damages or losses not notified.
The replacement or compensation of damaged products will be assessed on a case-by-case basis, and may take the form of partial or total replacement or reimbursement. The cost of the new shipment may be assumed by the company only if the incident has been properly notified and documented within the deadlines indicated.
Compensation will depend on the degree of impairment and may take the form of replacement, reimbursement or partial compensation. As a guideline, the following criteria will be applied:
- Slight damage (only aesthetic, not affecting use): 5-10% of the value of the product.
- Moderate damage (partially affecting use): 10-30 %.
- Serious damage (unusable product): up to 50%
These ranges are indicative and will be assessed on a case-by-case basis. The company will be able to assume the cost of the new shipment only if the incident has been correctly notified in time.
13. Return of defective products or damaged in transit
In cases where you receive a defective or damaged product during transport, you must notify us in writing within 24 hours of delivery, attaching photographs of the packaging and the affected product. After this period, we will not be able to manage any claim with the transport agency or assume responsibility for the incident.
Once the notification is received, our team will evaluate the situation and will inform you by e-mail whether a replacement, partial compensation or refund is appropriate, depending on the nature of the damage and the product affected.
The solution will be implemented in the shortest possible time, and in any case within a maximum of 14 days from our confirmation that a refund or compensation is due.
We reserve the right to request the return of the damaged product, in which case we will tell you how to proceed.
In any case, the rights recognized by the legislation in force remain unaffected.
In the case of partial compensation, indicative criteria will be applied according to the severity of the damage:
- Slight damage (aesthetic, not affecting use): compensation of 5-10%.
- Moderate damage (partially affecting use): 10-30 %.
- Serious damage (seriously affecting or making it impossible to use): up to 50%
These percentages are approximate and will be assessed on a case-by-case basis. We reserve the right to request the return of the damaged product, in which case we will tell you how to proceed.
14. Warranties
If you contract as a consumer and user, we offer warranties on the products we sell through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.
It is understood that the products are in conformity with the contract provided that :
1. They conform to the description made by us and possess the qualities that we have presented on this web page.
2. – Are suitable for the uses to which products of the same type are ordinarily destined.
Important: many of our products are made of natural wood, which implies that they may present variations in tone, grain, knots or texture. These characteristics are inherent to the material and are not considered defects or grounds for return, unless they affect the functionality of the product.
15. Liability and disclaimer of liability
Except as otherwise expressly provided in these Terms, our liability in connection with any product purchased on our website shall be strictly limited to the purchase price of such product.
However, unless otherwise provided by law, we do not accept any liability for the following losses, regardless of their origin:
1. loss of income or sales:
2. loss of business;
3. loss of profits or loss of contracts;
4. loss of anticipated savings;
5. loss of data; and
6. loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
16. Industrial and intellectual property
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorized by us or by those who have licensed it to us. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.
17. Links from our website
Where our website contains links to other websites and materials from third parties, such links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability for any loss or damage arising from their use.
18. Written communications
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition shall not affect your statutory rights.
19. Written communications
The notifications that you send us must be sent through our email address info@iwood-solutions.com. Subject to the provisions of the foregoing clause and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.
Notifications shall be deemed to have been received and to have been properly made at the same instant they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and duly delivered at the post office or in a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
20. Assignment of rights and obligations
The contract is binding on both you and us, as well as our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer a contract or any of the rights or obligations under it without our prior written consent. We may convey, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations under a contract at any time during its term. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law or otherwise void, reduce or limit any express or implied warranties that we may have given to you.
21. Events beyond our control
We shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond our reasonable control (“Force Majeure Cause”).
Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and among others, the following:
1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence or any other natural disaster.
4. Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
5. Inability to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Pandemics and epidemics.
Obligations will be deemed to be suspended for the period during which the Force Majeure Event continues, and we will have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations despite the Force Majeure Event.
Resignation
Our failure to require your strict performance of any of your obligations under any agreement or these Terms or our failure to exercise any rights or remedies to which we may be entitled under any such agreement or these Terms shall not constitute a waiver or limitation of such rights or remedies or relieve you from any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy arising under a contract or the Terms. No waiver by us of any of these Terms or of any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver and is made and communicated to you in writing in accordance with the Notice section above.
Partial nullity
If any of these Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.
24. Complete agreement
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior covenants, agreements or promises made between you and us orally or in writing.
You and we acknowledge that we have consented to the conclusion of a contract without having relied on any representation or promise made by the other party or which could be inferred from any statement or writing in the negotiations entered into by the two of us prior thereto, except as expressly mentioned in these Conditions.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
25. Our right to modify these conditions
We reserve the right to modify the Terms and Conditions. We will keep you informed of material changes to these Terms and Conditions. Changes made shall not be retroactive and, subject to possible exceptions on a case-by-case basis, shall apply 30 days after the date of their publication in the relevant notice.
If you do not agree with these changes, we recommend that you do not use our website.
26. Applicable Law and Jurisdiction
The applicable law in case of dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any matter related to the services of this Portal, shall be Spanish law.
For the resolution of any conflict that may arise on the occasion of the visit to the Web site or the use of the services that may be offered therein, the owner of the Web site and the User agree to submit to the Courts and Tribunals of the User’s domicile, provided that the User is located in Spanish territory and is acting as a consumer. Otherwise, the submission will be to the courts and tribunals of the city of Valencia, Spain. You can also use the European extrajudicial platform for the resolution of disputes online https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES