DM Logo
|

General Conditions

Introduction

This contractual document shall govern the General Terms and Conditions for the purchase of products (hereinafter, the “Terms”) through the website www.davidmoran.net , owned by DAVID MORAN SA under the trade name DAVID MORAN, hereinafter referred to as the PROVIDER, whose contact details are also set out in the Legal Notice of this Website.

These Terms shall remain published on the website and available to the USER for reproduction and storage as confirmation of the AGREEMENT, and may be amended at any time by DAVID MORAN SA. It is the responsibility of the USER to review them periodically, as the Terms in force at the time of placing orders shall apply. DAVID MORAN SA will archive the electronic document formalising the purchase and will make it available to the USER upon request. The AGREEMENTS shall not be subject to any formal requirements, except in cases expressly provided for in the Civil and Commercial Codes or in this or other special laws.

The acceptance of this document implies that the USER:

  • Has read and understands the General Terms and Conditions.
  • Is a person with sufficient legal capacity to enter into an AGREEMENT.
  • Assumes all the obligations set forth herein.

These Terms shall remain valid for an indefinite period and shall apply to all transactions carried out through the PROVIDER’s website. The PROVIDER informs that the business is responsible for and aware of the legislation in force in the countries to which it ships the products, and reserves the right to unilaterally amend the Terms, without such amendments affecting goods or promotions acquired prior to the modification.

Identity of the Contracting Parties

On the one hand, the PROVIDER of the products contracted by the USER is DAVID MORAN SA, with registered office at DURANES, 6 - 29200 ANTEQUERA (MÁLAGA), Tax ID A29159704, and customer service phone number 645 121 802. On the other hand, the USER, registered on the website with a username and password, for which they bear full responsibility for use and safekeeping, is also responsible for the accuracy of the personal data provided to the PROVIDER.

Purpose of the Agreement

This AGREEMENT aims to regulate the contractual sales relationship arising between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process. The contractual sales relationship involves the delivery, in exchange for a specified price publicly displayed on the website, of a specific product.

Correction of Data

When the USER identifies errors in the data published on the website or in documents generated by the contractual relationship, they may notify amg@davidmoran.net so that DAVID MORAN SA can correct them as soon as possible. The USER may keep their data up to date by accessing their user account.

Contracting Procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. Accordingly, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website. The USER will select a username and password, committing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of any loss or theft, or possible unauthorized access, so that the PROVIDER can proceed with immediate blocking. Once the user account has been created, it is noted that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the steps outlined below:

  • General Contracting Clauses
  • Shipping and Delivery of Orders
  • Right of Withdrawal.
  • Complaints and Online Dispute Resolution. 5. Force Majeure.
  • Competence.
  • General Provisions of the Offer
  • Price and Validity Period of the Offer
  • Shipping Costs
  • Payment Method, Fees, and Discounts
  • Purchase Process
  • Dissociation and Suspension or Termination of the Agreement
  • Warranties and Returns
  • Governing Law and Jurisdiction
  • General Contracting Clauses

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute the USER’s acceptance of these legal Terms. No provision made by the USER shall differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

Shipping and Delivery of Orders

The PROVIDER will not ship any order until payment has been verified. Shipments of goods will normally be made via EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely chosen by the USER. Shipping will be carried out once the availability of the goods has been confirmed and payment for the order verified. The delivery period will range between 2 and 6 business days, depending on the destination and the chosen payment method. The estimated shipping and delivery dates will be provided prior to order confirmation.

Non-Performance of the Distance Contract

If the contract cannot be performed because the contracted product or service is not available within the expected timeframe, the USER will be informed of the unavailability and will be entitled to cancel the order and receive a full refund at no cost, without any liability for damages attributable to the PROVIDER. In the event of unjustified delay by the PROVIDER in refunding the full amount, the USER may claim double the amount owed, without prejudice to their right to compensation for any damages exceeding that amount. The PROVIDER shall not be liable if delivery of the product or service fails due to false, inaccurate, or incomplete information provided by the USER. Delivery shall be deemed completed once the carrier has made the products available to the USER, and the USER or their delegate has signed the delivery receipt. The PROVIDER shall be liable to the USER for any non-conformity present at the time of delivery, and the USER may, by a simple declaration, request remedy of the non-conformity, a price reduction, or termination of the AGREEMENT. In any of these cases, the USER may also claim compensation for damages, if applicable. The USER shall have the right to suspend payment of any outstanding part of the purchase price until the PROVIDER fulfills the obligations established in this AGREEMENT. It is the USER’s responsibility to inspect the products upon receipt and record any justified reservations or claims in the delivery receipt. In cases where the contract does not involve the physical delivery of any product but rather the activation of a download on a website, the PROVIDER will inform the USER in advance of the procedure to follow to complete the download.

Right of Withdrawal

Withdrawal Form: https://www.davidmoran.net//formulario-solicitud-desistimiento.pdf The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it concerns the provision of a service, to exercise the right of withdrawal, as regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER fails to comply with the duty to provide information and documentation regarding the right of withdrawal, the period to exercise it will expire twelve months after the end of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007. The right of withdrawal shall not apply to contracts referred to and listed in Article 103 of RDL 1/2007, which are hereby referenced. All returns must be communicated to the PROVIDER by requesting a return number through the designated form, or by email to amg@davidmoran.net, indicating the corresponding invoice or order number. If the return is not made in the original delivery packaging, the PROVIDER may charge the USER the cost of .....€, notifying them in advance through the same communication channel used. Once the USER has received the return number, they must send the product to the PROVIDER, indicating this number in the shipping letter, with shipping costs borne by the USER, to the address of DAVID MORAN SA, DURANES, 6 - 29200 ANTEQUERA (MÁLAGA).

Complaints and Online Dispute Resolution

Any claim that the USER deems appropriate will be addressed as soon as possible and may be submitted to the following contact addresses:

Postal Address: DAVID MORAN SA, DURANES, 6 - 29200 ANTEQUERA (MÁLAGA) Phone: 645 121 802 E-mail: amg@davidmoran.net

Online Dispute Resolution

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts, through the involvement of a third party called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will engage with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute. ODR platform link: http://ec.europa.eu/consumers/odr/

Force Majeure

The parties shall not be held liable for any non-performance due to force majeure. The fulfillment of the obligation shall be postponed until the force majeure event ceases.

Competence

The USER may not assign, transfer, or convey the rights, responsibilities, and obligations contracted in the sale. If any provision of these Terms is deemed null or impossible to perform, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any manner. The USER declares that they have read, understood, and accepted these Terms in their entirety.

General Provisions of the Offer

All sales and deliveries carried out by the PROVIDER shall be deemed subject to these Terms. No modification, alteration, or agreement contrary to the Commercial Proposal of DAVID MORAN SA or to the provisions set forth herein shall have effect, except by express written agreement signed by the PROVIDER; in such cases, these specific agreements shall prevail.

The prices indicated for each product or service include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling fees, or any other additional services or accessories related to the purchased product. The applicable prices for each product are those published on the website and are expressed in EURO. The USER acknowledges that the economic valuation of some products may vary in real time. Before making a purchase, the USER can check all the budget details online: items, quantities, price, availability, shipping costs, fees, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed. Once the order has been placed, prices shall remain fixed, whether the products are available or not. Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice may also be downloaded in PDF format by accessing the user account management panel on the website. If the USER wishes to receive the invoice by e-mail, they must request it through any of the means made available by the PROVIDER, being informed that this decision may be revoked at any time. For any information regarding the order, the USER may contact the PROVIDER via the customer service phone number 645 121 802 or by e-mail at amg@davidmoran.net

Shipping Costs – Payment Methods, Fees, and Discounts – Purchase Process

Any product from our catalog can be added to the shopping cart. In the cart, only the items, quantity, price, and total amount will be displayed. Once the cart is saved, taxes, fees, and discounts will be calculated based on the payment and shipping information provided. Carts have no administrative binding; they serve only as a section to simulate a budget without any commitment from either party. An order can be placed from the cart by following the steps below to properly formalize it:

  • Verification of Billing Information 2. Verification of Shipping Address
  • Selection of Payment Method
  • Place the Order (Purchase). Once the order is processed, the system immediately sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming the order placement.

Orders (Purchase Requests)

Prior to order confirmation, information will be provided regarding the status of the order and the estimated shipping and/or delivery date.

Dissociation and Suspension or Termination of the Agreement

If any of these Terms and Conditions are deemed illegal, void, or unenforceable for any reason, such provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions. The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, if the USER fails to comply with the obligations set forth in this AGREEMENT or any applicable legal provision, license, regulation, directive, code of practice, or policy. The exercise by the PROVIDER of any of its rights or powers under this Clause shall not prejudice or affect the exercise of any other right, power, or remedy available to the PROVIDER.

Warranties and Returns

Governing Law and Jurisdiction