TERMS AND CONDITIONS

imcovel.com

1. GENERAL INFORMATION

The ownership of this website imcovel.com, (hereinafter referred to as the “Website”) is held by: Timbrados Valencia, SL., with Tax Identification Number: B46432423 and registered at the Mercantile Registry of Valencia; and whose registration details are: VOLUME 4582, BOOK 1892, GENERAL SECTION, SHEET 10, PAGE V-27866, ENTRY 3rd, and whose contact details are:

Address: Polígono Industrial Ribarroja, Sector 14, C/Pouet de la Granota, s/n., 46190 – Ribarroja del Túria, Valencia (Spain)

Contact Phone: +34 902 11 14 16 | +34 96 166 64 09

Contact Email: info@imcovel.com

This document (as well as other documents mentioned here) regulates the terms and conditions governing the use of this Website (imcovel.com) and the purchase or acquisition of products and/or services through it (hereinafter, the “Conditions”).

For the purposes of these Conditions, it is understood that Imcovel’s activity through the Website includes:

Marketing, manufacturing, and distribution of paper packaging products.

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of Imcovel. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all the aforementioned documents. If the User does not agree with all of this, they should not use this Website.

Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website, as the applicable ones will be those in force at the time of requesting the acquisition of products and/or services.

For any questions the User may have regarding the Conditions, they can contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

Accessing, browsing, and using the Website confers the status of user (hereinafter referred to, individually or collectively, as the “User”), and implies the acceptance of all the Conditions established here, as well as any subsequent modifications, from the moment the User starts navigating through the Website, without prejudice to the application of the corresponding legally mandatory regulations, as applicable.

The User assumes responsibility for the proper use of the Website. This responsibility extends to:

• Using this Website solely for legally valid inquiries, purchases, or acquisitions.
• Not making any false or fraudulent purchases. If there is reasonable suspicion of such a purchase, it may be canceled, and the relevant authorities will be informed.
• Providing accurate and lawful contact information, such as email address, postal address, and/or other data (see Legal Notice and General Terms of Use).

The User declares to be over 18 years old and to have the legal capacity to enter into contracts through this Website.

The Website is mainly directed to Users residing in Spain. Imcovel does not guarantee that the Website complies with the legislation of other countries, whether in whole or in part. Imcovel declines any responsibility that may arise from such access, as well as the shipment or provision of services outside of Spain.

The User may formalize, at their choice, with Imcovel the purchase agreement for the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Properly registered Users can make purchases on the Website through the established means and methods. They must follow the online purchase and/or acquisition procedure on imcovel.com, during which various products and/or services can be selected and added to the cart or final shopping space, and finally, click on “Buy and Pay.”

Likewise, the User must fill out and/or check the information requested at each step, although, during the purchase process, before making the payment, the data can be modified.

Subsequently, the User will receive an email confirming that Imcovel has received their order or purchase request and/or service provision, that is, the order confirmation. And, if applicable, they will also be informed via email when their purchase is being shipped. If applicable, this information may also be made available to the User through their personal space on the Website.

Once the purchase process is completed, the User consents to the Website generating an electronic invoice, which will be sent to the User via email and, if applicable, through their personal space on the Website. The User can also, if they wish, obtain a paper copy of their invoice by requesting it from Imcovel using the contact information provided above.

At the time of purchase, the User acknowledges being aware of certain specific sales conditions concerning the product and/or service in question, which are shown next to the presentation or, where appropriate, the image of the product on the Website page. These conditions include, but are not limited to: name, price, components, weight, quantity, color, product details, or characteristics, methods of execution and/or cost of services; and the User acknowledges that placing an order for purchase or acquisition constitutes full and complete acceptance of the specific sales conditions applicable to each case.

The communications, purchase orders, and payments involved in the transactions carried out on the Website may be archived and kept in Imcovel’s computerized records in order to constitute a means of proof of the transactions, always respecting reasonable security conditions and the current laws and regulations that may be applicable in this regard, particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, as well as the rights that Users have under this Website’s privacy policy.

4. AVAILABILITY

All purchase orders received by Imcovel through the Website are subject to the availability of products and/or to no circumstance or force majeure event (clause nine of these Conditions) affecting their supply and/or the provision of services. If there are difficulties in supplying products or if products are out of stock, Imcovel commits to contact the User and refund any amount that may have been paid as payment. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise indicated and applied by legal requirement, especially regarding VAT. Shipping costs are included in the final prices of the products as shown on the Website. Thus, Imcovel provides delivery and/or shipping services through Correos.

Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but such changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment methods are: Credit or debit card.

Imcovel uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions on the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the issuing bank, and if the bank does not authorize payment, Imcovel will not be responsible for any delays or failures in delivery and will not be able to formalize any contract with the User.

Once Imcovel receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that sufficient funds are available to complete the transaction. The charge on the card will be made at the time the User receives the shipping confirmation and/or confirmation of the service provided in the specified form and, if applicable, location.

In any case, by clicking on “Buy and Pay,” the User confirms that the payment method used is theirs.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).

Except for cases where unforeseen or extraordinary circumstances arise, or where products are personalized, the purchase order consisting of the products listed in each order confirmation will be delivered within the timeframe indicated on the Website, according to the shipping method selected by the User, and in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If, for any reason attributable to Imcovel, it is unable to meet the delivery date, Imcovel will contact the User to inform them of this circumstance. The User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the paid price. In any case, home deliveries are made on working days.

If the delivery of the order is not possible due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is located and how to arrange for a redelivery.

If the User will not be present at the delivery location during the agreed-upon time slot, they must contact Imcovel to arrange delivery for another day.

If 30 days elapse since the availability of the order for delivery, and it has not been delivered for reasons not attributable to Imcovel, Imcovel will assume that the User wishes to withdraw from the contract, and it will be considered terminated. As a result of the contract termination, all payments received from the User will be refunded, except for additional costs resulting from the User’s choice of a delivery method other than the least expensive ordinary delivery method offered on the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.

However, the User should be aware that the transportation costs resulting from the termination may be additional and may be charged to them.
For the purposes of these Conditions, delivery will be deemed to have taken place at the moment when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signature of the delivery receipt at the agreed-upon delivery address.

The risks related to the products shall be borne by the User from the moment of their delivery. The User acquires ownership of the products when Imcovel receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs after receipt of the full payment by Imcovel.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed 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 will be the one legally in force at all times, depending on the specific article in question.

7. TECHNICAL MEANS FOR CORRECTING ERRORS

It is brought to the User’s attention that in the event they detect an error when entering data necessary to process their purchase request on the Website, they may modify such data by contacting Imcovel through the contact spaces provided on the Website, and, if applicable, through those spaces designated for contacting customer service, and/or using the contact information provided in clause one (General Information). Likewise, this information can also be corrected by the User through their personal space on the Website.

In any case, before clicking on “Buy and Pay,” the User has access to the space, cart, or basket where their purchase requests are recorded, and they can make modifications.

Similarly, the User is advised to consult the Legal Notice and General Terms of Use, and specifically the Privacy Policy, to gather more information on how to exercise their right to rectify data as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the Website of the owner, they are entitled to certain rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire after 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquires physical possession of the goods purchased on the Imcovel Website, or in the case of goods that make up their order are delivered separately, after 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquires physical possession of the last of those goods that made up a single purchase order, or in the case of a service contract, after 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify Imcovel of their decision. They can do so, if applicable, through the contact spaces provided on the Website.

The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model provided by Imcovel as an annex to these Conditions, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication expressing the unequivocal decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, Imcovel will refund to the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive one offered on the Website) without any undue delay and, in any case, within 14 calendar days from the date on which Imcovel is informed of the User’s decision to withdraw.

Imcovel will refund the User using the same payment method used by the User for the initial purchase transaction. This refund will not generate any additional costs for the User. However, Imcovel may withhold the refund until the products or items from the purchase are received, or until the User provides proof of their return, depending on which condition is met first.

The User can return or send the products to Imcovel at: Polígono Industrial Ribarroja. Sector 14, C/Pouet de la Granota, s/n., 46190 – Ribarroja del Túria, Valencia (Spain)

And must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Imcovel was informed of the decision to withdraw.

The User acknowledges that they shall bear the direct cost of returning the goods (transport, delivery), if incurred. Additionally, the User shall be responsible for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges being aware that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. For example, but not limited to, exceptions include: personalized products; products that can deteriorate or expire rapidly; music or video CDs/DVDs without their factory-sealed packaging; products sealed for hygiene or health reasons that have been opened after delivery.

The same applies to the provision of a service that the User may contract on this Website since this same Law establishes that Users shall not have the right of withdrawal when the provision of the service has been fully performed, or when it has begun with the express consent of the consumer and user and with their acknowledgment that, once the contract has been fully performed by Imcovel, they will lose their right of withdrawal.

In any case, no refund will be made if the product has been used beyond mere opening, if the products are not in the same condition as they were delivered, or if they have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions, and any other documents that accompany them, as well as a copy of the purchase invoice.

You can download the Model Withdrawal Form at the following link:

Return of defective products or shipping errors

This includes all cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, they must contact Imcovel immediately and notify the existing nonconformity (defect/error) through the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and once they are returned, they will be examined, and the User will be informed within a reasonable period whether a refund or replacement is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date we send an email confirming that the refund or replacement of the non-conforming item is being processed.

The amount paid for those products that are returned due to a defect, when there is indeed one, will be fully refunded, including delivery costs and any costs incurred by the User to return the product. The refund will be made through the same payment method used by the User for the initial purchase.

In any case, the rights recognized in the current legislation for the User, as a consumer and user, shall always be respected.

Warranties

The User, as a consumer and user, enjoys warranties on the products they may purchase through this Website, in the legally established terms for each type of product, with Imcovel being responsible for any lack of conformity that manifests within two years from the delivery of the product.

In this regard, it is understood that the products are in conformity with the contract as long as they: conform to the description provided by Imcovel and possess the qualities presented therein; are suitable for the ordinary uses to which products of the same type are destined; and exhibit the usual quality and performance of a product of the same type, which are fundamentally expected from it. If this is not the case for the products delivered to the User, they must follow the procedure described in the section “Return of defective products or shipping errors.” However, some of the products sold on the Website may have non-homogeneous characteristics if they result from the type of material they are made of, and as such, they will be part of the individual appearance of the product and will not be considered a defect.

On the other hand, it could happen that the User purchases on the Website a product of a brand or manufactured by a third party. In this case, and if the User considers it to be a defective product, they also have the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise their right to legal warranty directly with them during the two years following the delivery of said products. To do this, the User must have kept all information related to the product’s warranty.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Imcovel shall not accept any liability for the following losses, regardless of their origin:

• any losses not attributable to any breach on its part;
• business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or
• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was formalized.

Likewise, Imcovel also limits its liability in the following cases:

• Imcovel applies all measures concerning providing an accurate display of the product on the Website; however, it shall not be held responsible for minimal differences or inaccuracies that may exist due to screen resolution issues, browser problems, or other similar factors.
• Imcovel will act with the utmost diligence to make the product subject to the purchase order available to the transportation company. However, it shall not be held responsible for damages arising from transportation malfunctions, especially due to reasons such as strikes, road closures, and in general any other factors inherent to the sector that result in delays, losses, or theft of the product.
• Technical failures that, due to fortuitous events or other circumstances, prevent the normal operation of the internet service. Lack of availability of the Website due to maintenance or other reasons that prevent access to the service. Imcovel makes every effort to carry out the purchase, payment, and shipping/delivery process of the products, but it disclaims liability for causes beyond its control, fortuitous events, or force majeure.
• Imcovel shall not be responsible for the misuse and/or wear and tear of the products that have been used by the User. Likewise, Imcovel shall not be responsible for any incorrect returns made by the User. It is the User’s responsibility to return the correct product.
• In general, Imcovel shall not be liable for any failure or delay in fulfilling any of its obligations when it is due to events that are beyond its reasonable control, i.e., due to force majeure, which may include, but are not limited to:
  • Strikes, lockouts, or other labor disputes.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
  • Inability to use trains, ships, aircraft, motor transport, or other means of public or private transport.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

In this way, the obligations will be suspended for the period in which the force majeure event continues, and Imcovel will have an extension of time to fulfill them for a period equal to the duration of the force majeure event. Imcovel will make all reasonable efforts to find a solution that allows it to fulfill its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Imcovel will be electronic (email or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that Imcovel sends electronically comply with legal requirements to be in writing. This condition does not affect the User’s statutory rights.

The User may send notifications and/or communicate with Imcovel through the contact details provided in these Conditions and, if applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Imcovel may contact and/or notify the User through their email or provided postal address.

11. RESIGNATION

No waiver by Imcovel of a specific legal right or action or failure to require strict compliance by the User with any of its obligations shall constitute a waiver of other rights or actions arising from a contract or the Conditions, nor shall it relieve the User from fulfilling its obligations.

No waiver by Imcovel of any of these Conditions or rights or actions arising from a contract shall take effect unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the remaining clauses shall remain in force, unaffected by said declaration of nullity.

13. COMPLETE SETTLEMENT

These Conditions and all documents referred to expressly herein constitute the entire agreement between the User and Imcovel regarding the subject of the purchase and replace any other previous oral or written agreement or promise agreed upon by the same parties.

The User and Imcovel acknowledge having consented to the conclusion of a contract without relying on any statement or promise made by the other party, except as expressly stated in these Conditions.

14. DATA PROTECTION

The personal information or data that the User provides to Imcovel during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

Access, browsing, and/or use of this Website, as well as the contracts for the purchase of products through it, shall be governed by Spanish law.

Any dispute, issue, or disagreement arising from or related to access, browsing, and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between Imcovel and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may address their complaints, claims, or any other comments they wish to make to Imcovel through the contact information provided at the beginning of these Conditions (General Information).

Furthermore, Imcovel has official complaint forms available to consumers and users, which can be requested from Imcovel at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between Imcovel and the User, the User as a consumer may request an out-of-court resolution of disputes in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

This General Sales Conditions document was created using the online template generator for general sales conditions on January 29, 2023.