TERMS AND CONDITIONS
MERCATUBER

1. Identification

MISS ALMA NEBOT VAYA, with DNI 20908075-V and address at Masía Molino Azud, 3. 12120, Lucena del Cid, Castellón, through its website www.mercatuber. com, owns and manages an online marketplace (hereinafter referred to as “Mercatuber Marketplace”) that allows natural persons, over 18 years of age, to register on the website (hereinafter referred to as “customer”), to purchase products through Mercatuber, products from external suppliers to Mercatuber called “Sellers”, who are who define the prices and conditions by the sellers themselves.

2. Objective

This document establishes the conditions under which Mercatuber makes available to the Customer, on the Mercatuber Marketplace, Products marketed by other Sellers.

3. Functioning of the Mercatuber Marketplace

The Mercatuber Marketplace allows the Client to consult and purchase products marketed by the Sellers on the Mercatuber website. The transactions carried out through the Mercatuber Marketplace are concluded directly between the Client and the Sellers, in compliance with the precepts and other legal requirements in force at any given time.

Mercatuber does not assume the position of agent / distributor / representative of the Sellers, nor of reseller of the Products offered by the Sellers through the Mercatuber Marketplace.

The products advertised and sold on the Mercatuber marketplace are the sole responsibility of the Marketplace Sellers, especially with regard to their ownership, quality, safety, origin, guarantee and compliance with applicable legislation.

The online sale is only valid and applicable to the national territory of Spain.

4. Customer

The Mercatuber marketplace is intended only for customers after acceptance of the Terms and Conditions and Privacy Policy without restriction or reservation, and after the creation of a particular customer account on the Mercatuber website. The acceptance is reflected in the digital acceptance of the present Terms and Conditions when purchasing on the Mercatuber website.

In order to access the products or services offered by Mercatuber, the Customer must be of legal age and register through the website by creating a user account. Therefore, the Customer must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of 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 and detailed in the Legal Notice and Privacy Policy of this website.

The Customer shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify Mercatuber of the loss or theft of the same or possible access by an unauthorised third party, so that the latter may proceed to block them immediately.

Once the user account has been created, we inform you 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 indicated in these conditions.

5. Products

With the exception of the products marketed by Mercatuber, Mercatuber does not assume responsibility for the information available on the products on the market.

6. Conditions of sale

The price and conditions of sale of the Marketplace Products are the full responsibility of the respective Sellers. The price is indicated in euros and already includes all applicable taxes and fees. Shipping costs are not included in the price indicated, and can be consulted on the page of each product and when the Customer proceeds to checkout of the order.

7. Buy

The purchase process is carried out autonomously by the customer at www.mercatuber.com.

When purchasing on the Mercatuber website, the customer will have to have a private customer account and accept the present Terms and Conditions.

Delivery of orders is the responsibility of the respective Sellers.

Mercatuber is not the Seller of the products purchased through the Mercatuber Marketplace, so it does not assume any responsibility derived from the transactions carried out between the Customer and the Sellers.

8. Conclusion of the purchase contract between the customer and the seller

As previously indicated, Mercatuber is not the Seller of the products purchased through the Mercatuber Marketplace, being the Sellers identified in each of the Products, the party that contracts with the Customer for the purchase and sale of such Products.

9. Invoicing

The issuance of the invoice is the sole responsibility of the Marketplace Sellers. The invoice will be issued by the latter, in compliance with the precepts and other fiscal requirements that apply at all times.

10. Dispatch and delivery

Once the order has been placed, the order data may not be altered, especially with regard to the shipping method, delivery address and receiving contacts.

11. Confirmation of receipt

It is the Customer’s responsibility to confirm receipt of the Products and their conformity. The Products are deemed to have been received within 21 (twenty-one) days from the date of dispatch. This clause does not prejudice or condition the rights of the consumer provided by law.

12. Non-conformities at the time of reception

In the event that orders do not reach the Customer, arrive damaged or in disagreement with the information provided by the Sellers at the time of purchase, the Customer has the right to complain directly to the respective Sellers. Mercatuber shall only mediate situations of non-conformity up to a period of 5 days after the time of purchase and for the sole purpose of controlling the quality of the service and obtaining information to improve the same. At the end of this period, Mercatuber shall not intervene, and such situations shall be managed by the Customer directly and independently with the Sellers.

The products purchased within the framework of the Mercatuber marketplace cannot be returned to Mercatuber, nor shall they be exchanged by Mercatuber, such responsibility falling on the Seller. In any case, Mercatuber undertakes to facilitate the handling of the claim between the customer and the Seller.

The return of products is the responsibility of the customer. Mercatuber does not intervene in the return process. The Customer must arrange the return of the Products directly with the Sellers. The conditions for the return of Marketplace Products should be consulted on the page of the respective Sellers of the Products on Mercatuber.com

Disputes must be settled directly between the Customer and the Sellers.

13. Right of withdrawal

Under current legislation, the Customer, in the event that the product is intended for personal and private consumption, has, within 14 (fourteen) days from the date of receipt of the Product(s) ordered, the right to freely terminate the contract with the Sellers.

The return of products is the responsibility of the customer. Mercatuber does not intervene in the return process.

The Customer shall arrange directly with the Sellers for the return of the Products.

It is the Customer’s responsibility to bear the cost of returning the goods, except where the Sellers expressly agree to bear that cost.

In the event that the Sellers do not offer to collect the goods themselves, the Customer must, within 14 (fourteen) days from the date on which it has communicated its decision to return the goods, return the Products to the Sellers.

The refund of the amount paid for the returned Products is made by Mercatuber to the Customer within a maximum period of 14 (fourteen) calendar days from the date on which the Sellers confirm the receipt and conformity of the orders returned by the Customer or the Customer submits to Mercatuber and/or the Sellers proof of the return.

Products that are perishable by nature are not subject to the right of withdrawal.

14. Modification

Mercatuber reserves the right to freely modify the present information in order to adapt it to the applicable legislation, without prior notice. The present Terms and Conditions are cumulative with the general conditions of use of the website www.mercatuber.com.