Terms of Service

Introduction

This contractual document shall govern the General Terms and Conditions of product contracting (hereinafter, “Terms”) through the website tuservilleta.com/, owned by TU SERVILLETA SL under the trade name TU SERVILLETA, hereinafter the PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Terms shall remain published on the website and available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by TU SERVILLETA SL. It is the USER’s responsibility to read them periodically, as the Terms in force at the time of placing orders shall apply. TU SERVILLETA SL shall archive the electronic document formalising the purchase and shall make it available to the USER upon request.

Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

These terms shall have an indefinite validity period and shall apply to all contracts entered into through the PROVIDER’s website.

The PROVIDER states that it is responsible and aware of the current legislation of the countries to which it ships products, and reserves the right to unilaterally modify the terms, without this affecting the goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On one hand, the PROVIDER of the products contracted by the USER is TU SERVILLETA SL, with registered office at AV. BLASCO IBÁÑEZ, 89 46920 MISLATA (Valencia), Tax ID B98573322 and customer service telephone 963599360.

On the other hand, the USER, registered on the website with a username and password, over which they have full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER from the moment the latter accepts the corresponding checkbox during the online contracting process.

The contractual sales relationship entails the delivery, in exchange for a specific and publicly displayed price through the website, of a specific product.

Data correction

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify maria@tuservilleta.com so that TU SERVILLETA SL can correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register on the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with Regulation (EU) 2016/679, of 27 April 2016 (GDPR), regarding 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 personal data protection, detailed in the Legal Notice and Privacy Policy of this website.

The USER shall 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 their loss or theft or possible access by an unauthorised third party, so that the PROVIDER may proceed with immediate blocking.

Once the user account has been created, the USER is informed that in accordance with what is required by Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow these steps:

  1. General contracting clauses.
  2. Shipping and delivery.
  3. Right of withdrawal.
  4. Complaints and online dispute resolution.
  5. Force majeure.
  6. Competence.
  7. General offer terms.
  8. Price and offer validity period.
  9. Shipping costs.
  10. Payment methods, charges and discounts.
  11. Purchase process.
  12. Dissociation and suspension or termination of the contract.
  13. Warranties and returns.
  14. Applicable law and jurisdiction.

1. General Contracting Clauses

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply acceptance by the USER of these legal terms. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. Shipping and Delivery of Orders

The PROVIDER shall not ship any order until payment has been verified.

Goods shipments are usually made via (CORREOS, MRW, SEUR, UPS, GLS, NACEX, FEDEX), depending on the destination freely designated by the USER.

Shipment shall take place once the availability of the goods has been confirmed and payment for the order has been verified.

The delivery period shall be between 7 and 10 business days, depending on the destination. Standard orders take 80/90 business days. The estimated shipping and delivery date will be provided prior to order confirmation.

Failure to execute the distance contract

In the event that the contract cannot be executed because the contracted product or service is not available within the expected timeframe, the USER shall be informed of the lack of availability and shall be entitled to cancel the order and receive a full refund of the total amount paid at no cost, without any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER regarding the refund of the total amount, the USER may claim double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.

The PROVIDER shall assume no liability when delivery of the product or service fails to take place because the data provided by the USER is false, inaccurate or incomplete.

Delivery shall be deemed to have been made at the time 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 lack of conformity existing at the time of delivery, and the USER may, by simple declaration, require the PROVIDER to remedy such lack of conformity, reduce the price or terminate the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding portion of the price of the product purchased until the PROVIDER complies with the obligations set forth in this contract.

It is the USER’s responsibility to verify the products upon receipt and to raise all objections and complaints that may be justified in the delivery receipt.

3. Right of Withdrawal

Withdrawal form: https://tuservilleta.com//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 is a service provision, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER fails to comply with the duty to inform and document the right of withdrawal, the period for its exercise shall end twelve months after the expiry date 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 listed here

IMPORTANT: As these are customised products, returns are only accepted if the order is incorrect or defective

Any return must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by email to maria@tuservilleta.com, indicating the corresponding invoice or order number.

Once the USER has received the return number, they shall send the product to the PROVIDER, indicating this number on the shipping label, to TU SERVILLETA SL, AV. BLASCO IBÁÑEZ, 89 46920 MISLATA (Valencia).

4. Complaints and Online Dispute Resolution

Any complaint the USER deems appropriate shall be attended to as soon as possible, and may be made at the following contact addresses:

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for online conflict resolution between the USER and the PROVIDER, without the need to resort to courts, through the intervention of a third party called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. Force Majeure

The parties shall not incur liability for any failure due to force majeure. The fulfilment of the obligation shall be deferred until the cessation of the force majeure event.

6. Competence

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any provision of these terms is deemed null or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or modified in any way.

The USER declares having read, understood and accepted these Terms in their entirety.

7. General Offer Terms

All sales and deliveries made by the PROVIDER shall be subject to these Terms.

No modification, alteration or agreement contrary to the Commercial Proposal of TU SERVILLETA SL or to what is stipulated herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER; in this case, these particular agreements shall prevail.

8. Price and Offer Validity Period

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 or any other additional services related to the purchased product.

The prices applicable to each product are those published on the website and shall be expressed in EUROS. The USER assumes that the economic valuation of some products may vary in real time.

Before making a purchase, you can check online all the details of the quote: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed.

Once the order is placed, prices shall be maintained whether or not products are available.

Every 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 as a PDF by email. You may also download the invoice in PDF format by accessing the website management panel with your user account.

For any information about the order, the USER may contact the PROVIDER’s customer service at 963599360 or by email at maria@tuservilleta.com.

9. Shipping Costs

Prices published in the shop do not include shipping or communication costs, installation or unloading, or complementary services, unless expressly agreed otherwise in writing.

Shipping costs are calculated at the time of saving the basket or quote, as they are calculated by the weight of the products and the delivery address.

The maximum applicable shipping rate is as follows:

Shipments to Spain

Shipments to the European Union

Plus VAT

10. Payment Methods, Charges and Discounts

The PROVIDER is responsible for economic transactions and provides the following methods for order payment:

Credit/debit card – PayPal

Security measures

The website uses generally accepted industry information security techniques, such as SSL, data entered on secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these goals, the user/customer agrees that the provider may obtain data for the purpose of corresponding access control authentication.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage the goodwill of the same or negatively influence them.

The sale or offer of a product or service that does not comply with all applicable laws for the Buyer, Issuing Bank, Merchant or Cardholder is prohibited under card brand programmes.

11. Purchase Process

Any product from our catalogue can be added to the basket. In the basket, only the items, quantity, price and total amount are displayed. Once the basket is saved, taxes, charges and discounts will be calculated based on the payment and shipping data entered.

Baskets have no administrative binding; they are simply a section where a quote can be simulated without any commitment from either party.

From the basket, an order can be placed by following these steps for proper formalisation:

  1. Verification of billing data.
  2. Verification of the shipping address.
  3. Selection of payment method.
  4. Place the order (purchase).

Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the order has been placed.

Orders (purchase requests)

Prior to order confirmation, information about the order status and the estimated shipping and/or delivery date will be provided. A MOCK-UP of the order will also be sent for CONFIRMATION. Confirming the mock-up is required before the order can be shipped.

12. Dissociation and Suspension or Termination of the Contract

If any of these terms and conditions is deemed illegal, null or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any applicable legal provision, licence, regulation, directive, code of practice or policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. Warranties and Returns

Warranties shall be subject to the provisions of the Title on “Warranties and after-sales services” of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, which can be accessed by clicking here

14. Applicable Law and Jurisdiction

These terms shall be governed by and construed in accordance with Spanish law in all matters not expressly set forth herein. Any dispute arising from the provision of the products or services covered by these Terms shall be submitted to the courts and tribunals of the USER’s domicile, the place of fulfilment of the obligation, or the location of the property if it is immovable.