1.PURPOSE.
1.1. The following General Terms and Conditions (hereinafter, "GTC") govern the obligations and rights relating to the enjoyment or use of all BELTÁ&FRAJUMAR products/services by the Client. Both may also be referred to as "Party" or "Parties".
1.2. BELTÁ&FRAJUMAR products/services consist, among others, of the marketing of upholstered furniture and all types of furniture and derivatives of the sector.
1.3. The purpose of these GTC is not to provide services other than those expressly agreed in the Specific Conditions, and they are of a strictly commercial nature, nor those generally regulated by them.
2.TIME OF CONTRACTING THE PRODUCTS/SERVICES. FORM OF ACCEPTANCE. LANGUAGE OF THE CONTRACT.
2.1. The product/service will be contracted by the Client either by means of a request/form, which the Client will send to BELTÁ&FRAJUMAR, or by telephone request, through the commercial network, in customer service offices or through this website. The obligations for the parties will begin from the moment in which, whatever the means of contracting chosen, the corresponding request is answered by BELTÁ&FRAJUMAR by email, in writing or by telephone by recording.
2.2. The processing of the request for the acquisition of products/services will require prior registration, following the instructions indicated in each case. The Client undertakes to provide real, exact and updated information at all times and to follow the rules on the custody of the keys, which may be provided to him/her where appropriate.
2.3. Exceptionally to the previous contracting method, the Parties may contract the product/service by telephone contracting. Without prejudice to compliance with the obligations provided for in current legislation on sending contractual documentation proving the contract concluded, BELTÁ&FRAJUMAR will only be obliged to comply with its obligations from the moment in which the Client expressly gives its consent to the contractual proposal made to it.
2.4. In the case of products/services that imply the provision of intangible content, the consent given by the Client implies its waiver of the right of withdrawal, in accordance with the provisions of art. 108.4.b) of the General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007, 16 November).
2.5. The language of these GTC and of the Products will be Spanish, without prejudice to any particularities that may exist in the event of contracting products/services in another official language of the Spanish State.
3. CONDITIONS OF USE OF THE PRODUCTS. RIGHTS OF THE CLIENT.
3.1. By accepting the GTC and the Specific Conditions, the Client acquires the right to use the products/services or to receive the services provided by BELTÁ&FRAJUMAR that have been contracted, in accordance with what has been expressly agreed.
3.2. The right of use acquired by the Client will be personal and may not be transferred to any third party, except with prior and express (written) approval by BELTÁ&FRAJUMAR. For these purposes, "third party" means any natural or legal person other than the Client. However, natural persons who work on behalf of the Client or who provide commercial services on its behalf within its premises may have access to the product/service, provided that access to it is necessary and essential to comply with its current obligations with the Client.
3.3. If the right to use the product/service involves installing it on the Client's computer systems, or hosting in a cloud contracted at the Client's expense and risk, it is the Client's exclusive responsibility to complete, develop, contract and proceed with all the technical aspects necessary to be able to access the contracted product/service.
3.4. In the case of a BELTÁ&FRAJUMAR product/service, the main use of which lies in the Client's ability to host certain information in a cloud that is its property or over which it holds some type of right of use, the Client authorizes BELTÁ&FRAJUMAR to place said cloud on the systems of a specific Internet service provider.
3.5. Without prejudice to all of the above, the Client undertakes to BELTÁ&FRAJUMAR to do the following:
a) Pay the agreed financial consideration in the terms indicated in these GTC and in the Specific Conditions.
b) In the case of products/services whose use involves hosting data, content and/or information of the Client or controlled by the Client, not to use or execute in the computer environment in question any harmful computer programs intended to cause damage or access third party communications or, in
general, content of any kind whose mere reproduction, distribution, dissemination or public communication could constitute a civil or criminal offence, or be offensive, derogatory or damaging to the privacy, honour or image of third parties.
c) Not to exploit or reuse for one's own or another's benefit any type of content, information or data that has been provided by BELTÁ&FRAJUMAR on the occasion of the execution of the contractual relationship created, whose industrial or intellectual property rights, or simple property rights, belong to BELTÁ&FRAJUMAR or over which BELTÁ&FRAJUMAR holds any type of right of use or exploitation. For these purposes, the mere fact of allowing a third party to view or access the content, information or data, as indicated, will imply a breach of the provisions of this section.
d) To respect the industrial and intellectual property rights, or any other rights that may exist, on the contents, information or data of the products/services, that belong to BELTÁ&FRAJUMAR or to third parties.
e) To comply with any other obligations established in these GTC or in the Specific Conditions.
4. DURATION OF THE CONTRACT. RENEWAL.
4.1. The duration of the contract concluded with the Client, and consequently, of the obligations and rights of each of the Parties, will be that specified in the Specific Conditions. In any case, the contract period initially agreed will be automatically extended, as a general rule for periods of twelve months, if on the expiration date, the Client does not express its intention not to renew the agreed service.
4.2. Without prejudice to said duration, the contract in question may be terminated early in the cases and under the conditions provided for in Clause 10 of this document.
4.3. Termination of the contract for any reason shall not entail the extinction of any actions or rights in favour of the Parties to claim from each other or from a third party what is appropriate as a consequence of the breach of outstanding obligations or any other obligations arising from the contract or the law.
4.4. Once the contract has been terminated for whatever reason, and provided that it is a successive contract, the Client must cease using the product/service immediately, committing to take the steps that are necessary, in good faith and within a reasonable time, to avoid continuing to use BELTÁ&FRAJUMAR resources or assets to which they would have been entitled under the concluded contract. In the event of manifest inaction by the Client or their lack of collaboration in the execution of the above, BELTÁ&FRAJUMAR reserves the right to interrupt the use of the same.
4.5. In the event that the purchased product/service is of a digital and tangible nature at the same time (mixed product), in the event of renewal of the product/service, the part accessible online will remain updated until the time when the new edition is published. If, on the other hand, it is not desired to renew it, said online part will be available until the time when the new edition is published, regardless of the date of contracting. In the event that the purchased product/service is not renewable in nature or there are no periodic editions, the part accessible online will only be maintained for a period of 1 (one) year from the date of contracting the service/product.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
5.1. All services/products, as well as the content, information and data provided together with them and on the occasion of the fulfillment of its obligations by BELTÁ&FRAJUMAR are protected as an intellectual creation or work. Their use or exploitation by means of a right of exploitation of reproduction, distribution, public communication, transformation, exploitation or remuneration, may only be done under a license or authorization granted by BELTÁ&FRAJUMAR, as the legitimate owner of the intellectual property rights over said contents, information and data. Each of the aforementioned rights will have the meaning provided for in the applicable Intellectual Property Law, to which the Parties refer and which they declare to be aware of.
5.2. By virtue of the above, BELTÁ&FRAJUMAR only authorizes the Client to use the protected contents offered non-exclusively to reproduce on its own computer systems and access (make available), in accordance with the following conditions:
a) Time: according to the duration of the services/products, and without prejudice to the provisions of clause 10 on early termination.
b) Territory: Spain.
c) Possibility of transferring the licensed rights to a third party: prohibited.
d) Other authorized rights: strictly those of reproduction and making available.
5.3. In the event that a product/service is not delivered in digital format, but in a portable format, tangible content, the provisions of the previous section of this clause shall not apply, and the Client may enjoy the protected content for strictly private and non-commercial use, in accordance with the provisions of these GTC and the Specific Conditions.
5.4. In the case of tangible property, the provisions of the previous section of this clause shall not apply, and the Client may enjoy the protected content for strictly private and non-commercial use, in accordance with the provisions of these GTC and the Specific Conditions.
5.4. Furthermore, the products/services are marketed by BELTÁ&FRAJUMAR under its registered trademarks. The Client may not use them outside the execution of the services agreed upon under these GTC and Specific Conditions or for its own benefit or under conditions that are objectively suitable to create an association with the BELTÁ&FRAJUMAR brands or with its corporate image or in situations that may represent a risk of confusion with said brands. No provision of these GTC or the Specific Conditions may be interpreted as meaning that BELTÁ&FRAJUMAR has authorized the use of its trademarks to the Client for any type of service or product of the Client or third parties, or under conditions that do not strictly conform to the execution of the services by BELTÁ&FRAJUMAR.
6.DELIVERY OF THE SERVICE/PRODUCT.
6.1. In the event that a product/service is offered in physical format, that is, not digital, BELTÁ&FRAJUMAR undertakes to send it to the Client, after verification of the corresponding payment, within approximately 96 hours following the satisfactory conclusion of the order, in accordance with the provisions of clause 2 above, provided that the destination is the peninsula or the Balearic Islands. For all other possible destinations, the delivery time will be between five and eight working days.
6.2. If the service/product, as indicated, is ultimately not available, the Client will be notified immediately, offering them the possibility of terminating the contract with a refund of the price paid, or a substitute product, of their choice.
6.3. Deliveries will be made by courier service.
6.4. The Client must indicate the delivery address, and will be responsible for the consequences of providing an incorrect address or if at the time of delivery of the product there is no one to receive it. In any case, BELTÁ&FRAJUMAR undertakes to make up to one (1) delivery attempt at the place indicated by the Client, after prior contact. If several attempts have to be made, these will be borne by the Client, based on the costs of regular mail or courier service. In the event that, despite all efforts made by BELTÁ&FRAJUMAR, the product cannot be delivered, it will be at the disposal of the Client at the premises of the corresponding courier company for a period of no more than 3 working days, and must be collected directly from the company under the conditions communicated by the company.
6.5. Deliveries of services/products by courier, as indicated in this clause, will be carried out during normal working hours between 08:00 and 18:00 on working days from Monday to Friday, both inclusive.
6.6. If the Client finds any defect or damage in the product/service, or that it does not correspond to the one requested, he/she must indicate this on the delivery note and contact the Customer Service telephone number indicated on the website within a maximum period of fourteen days from delivery.
6.7. BELTÁ&FRAJUMAR declines any liability for the Client's failure to comply with its collection obligations and any other obligations indicated in this clause that, in good faith, are required so that BELTÁ&FRAJUMAR can fulfil its delivery obligation.
7. PRICE AND PAYMENT METHOD.
7.1. The price of the products/services will be that agreed in the Specific Conditions, which will include all the services to be provided by BELTÁ&FRAJUMAR, as requested in said Specific Conditions. Where applicable, the shipping costs will be specified, duly itemised, as pre-contractual information so that the Client has effective knowledge of the total cost. In the case of renewals of the licence to use the products/services, the price may vary taking into account updates to its content and the effective scope of the services provided by BELTÁ&FRAJUMAR.
7.2. The indirect tax rate corresponding to the agreed period will be applicable to the price, and may be increased, where appropriate, as a result of changes in the reference legal standard.
7.3. The payment of the financial consideration by the Client will be made in accordance with the procedures established in the Specific Conditions.
Payment can be made by bank card, direct debit or bank transfer, following the following instructions: a) In all cases, the payment instructions that appear on the screen must be followed, in the case of telematic or electronic contracting.
b) Payment by direct debit is subject to compliance with certain conditions which will be provided by the Customer Service Department. All payments will be charged to the discharge of the oldest debt or, in the event of an express agreement between the Parties, to the debt specified by the Customer.
c) Payment by bank transfer will require the receipt of said transfer to the email address indicated on the website. If said receipt does not occur within 72 hours after the Customer's acceptance as provided in clause 2, BELTÁFRAJUMAR may understand that the Customer has withdrawn from the contract, and BELTÁFRAJUMAR will not be able to comply with its obligation to access the service/product in the meanwhile.
7.4. The non-payment of the liquid, due and payable amounts by the Client will give rise to a legal claim for them by BELTÁ&FRAJUMAR. The Client is expressly informed that, in such cases, their personal data may be included in common credit information systems, as permitted by art. 20 of the LOPD 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights.
7.5. Except in cases of withdrawal, according to clause 9 of this document, in the event that the Client acquires a service/product for the first time, if within the contracted period the Client decides to terminate the contract early, the Client will lose any amount previously paid.
7.6. Full payment of the price agreed in the Specific Conditions will be mandatory.
8. WARRANTIES. EXEMPTION FROM LIABILITY. FORCE MAJEURE AND FORTUOUS EVENT.
8.1. BELTÁ&FRAJUMAR guarantees that the content to which the products/services refer is subject to constant updating and evolution, in order to adapt them to the demand made by its clients in general. However, given that it is possible that in some cases this objective may not be achieved, the Client may always notify the fact in question, so that BELTÁ&FRAJUMAR proceeds to remedy the possible defect observed.
8.2. BELTÁ&FRAJUMAR reserves the right to interrupt the continued provision of a product/service, when this is required by an update of content or of the computer systems through which it is offered to the Client.
8.3. BELTÁ&FRAJUMAR makes every effort to ensure that the Client has access to the products/services and can enjoy them. However, BELTÁ&FRAJUMAR cannot guarantee, and therefore is not liable for, that the Client may have such access at all times, due to unforeseeable circumstances or which, even if foreseeable, do not allow the execution of the services due to circumstances beyond the control of BELTÁ&FRAJUMAR or which are unavoidable, such as natural disasters, failures in the electricity supply or other supply by third parties that affect the normal provision of the Services, national alarm situations, terrorist attacks, accidents, cyber attacks or court orders or orders issued by administrative authorities. In all these cases, BELTÁ&FRAJUMAR BELTÁ&FRAJUMAR is not liable for compliance with its obligations provided for in these GTC and in the Specific Conditions, nor for direct or indirect damages caused to the Client as a result of those acts of force majeure or fortuitous events described or others of a similar nature.
8.4. BELTÁ&FRAJUMAR is not responsible, consequently, for the Client having the necessary technical means to have access to or enjoy the products/services, or the supply service or access to Electricity, Gas, Internet, mobile telephony or landline telephony that allows the Client to access them.
8.5. BELTÁ&FRAJUMAR makes the products/services accessible to the Client at the latter's request and therefore, is not responsible for, nor does it guarantee, that the services/products satisfy the Client's expectations or specific needs, which must be evaluated by the Client himself and the corresponding decision must be taken on his editorial needs.
ABOUT WITHDRAWAL AND ITS NON-APPLICATION IN CASES OF DIGITAL PRODUCTS
9.1. In the event of contracting a Product of an electronic nature, the Client will have a period of 14 (fourteen) days to return it, exercising his right of withdrawal.
9.2. In the event that the Client who has acquired a tangible product decides to exercise his right of withdrawal, he will have a period of 14 (fourteen) calendar days following the delivery to the Client, to inform BELTÁ&FRAJUMAR of his desire to withdraw and return the product received by ordinary procedures, provided that it has not been opened or used and retains its original seal and packaging. In this case, BELTÁ&FRAJUMAR, once the due delivery of the product has been verified, will return to the Client by bank transfer the price agreed upon.
10. TERMINATION OF SERVICES.
10.1. Without prejudice to the provisions of Clause 4 of these GTC, the parties may terminate the contractual relationship and put an end to it, releasing themselves from the corresponding respective obligations, in the event that any of them repeatedly fails to comply with any obligations to which they were subject, and without prejudice to the legal consequences of the termination for the breaching party.
10.2. Furthermore, the parties may terminate the contractual relationship by mutual agreement.
11. PREVALENCE OF PARTICULAR CONDITIONS OVER GENERAL CONDITIONS.
11.1 The GTC and the Specific Conditions shall govern the legal relationship between the Parties.
11.2. In the event of any discrepancy or doubt, the Specific Conditions shall prevail over the GTC, unless otherwise expressly stated.
12. NOTIFICATIONS
12.1. All notifications that the Client wishes to send in application of this contract must be sent to the addresses and email shown on the website and legal notice.
12.2. Notifications shall take effect against the Party to whom they are addressed from the moment they have been received by said Party.
12.3. It is the obligation of each Party to notify the other of any change in the postal addresses, email, telephone, fax indicated at the beginning. If, once the modification has been notified as set forth above, the Party to whom it is notified does not send a message acknowledging receipt, it shall be deemed to have been aware of said modification and shall be responsible for any consequences that may arise from it in relation to the execution of these GTC and the Specific Conditions.
13. MODIFICATION OF THESE GENERAL CONDITIONS.
13.1. These GTC may be modified. Therefore, the Client, as well as anyone who visits the website https://beltafrajumar.com/contratacionconditions, is invited to regularly review the conditions applicable at any time.
13.2. Any modification will, in any case, respect the rights acquired by the Client, in accordance with a previous version of these GTC.
14. PERSONAL DATA PROTECTION
The personal data provided in this document will be processed by this entity as Data Controller whose contact details are:
Company name: FRAJUMAR S.L., (hereinafter, BELTÁ&FRAJUMAR).
CIF: B30035380
Address: P.I. URBAYECLA II, C/ POETA FRANCISCO ANTONIO GIMÉNEZ, 33, 30510, YECLA, MURCIA.
Telephone: (+34) 968 71 91 11
Email: info@beltafrajumar.com
You can find more information at the link https://beltafrajumar.com/politicadeprivacidad
15. CONFIDENTIALITY.
15.1. Both Parties shall keep confidential any information exchanged in connection with the execution of this Contract, and undertake not to disclose it unless it becomes public domain or is required by a judicial or administrative authority in the exercise of its powers.
15.2. Specifically, with regard to the custody of the access keys to the services/products, the Client undertakes not to disclose them to third parties, or any other person with whom they do not have employment or commercial ties that require knowledge of said keys, in accordance with the provisions of clause 3.2 of these GTC.
16.PROHIBITION OF ASSIGNMENT OF THIS CONTRACT
16.1. The Client is prohibited from assigning its position in this contractual relationship or any of its obligations or rights to a third party, without the prior and express authorization of BELTÁ&FRAJUMAR.
17. APPLICABLE LAW AND JURISDICTION.
17.1. This contractual relationship shall be governed by Spanish law.
17.2. Both parties submit to the jurisdiction of the corresponding courts in accordance with consumer law in order to resolve disputes and disagreements that arise in the execution of this contractual relationship or in its interpretation.