General conditions of sale

The website https://www.articor.com/ (“Web”) is the property of ARTICORK PRODUCTS SL (“ARTICORK”), wtih CIF B55306955 and registered officed at C/ Gas, 10 de Palafrugell (17200) Girona, Spain – Registered on 15/11/2017 in the Mercantile Registry of Girona, Spain. Volume: 3179 , Folio: 128, Section 8, Page: 62973 – Contact: (+34) 972 30 07 50 · comercial@articor.com. The purpose of the website is the marketing of products and accessories derived from cork.

The General Terms and Conditions (“Terms and Conditions“) regulate the distance selling relationship between ARTICORK and the user or client (“User”).

These Terms constitute the entire agreement between the User and ARTICORK in relation to distance selling between ARTICORK and the User, replacing any previous agreement , understanding or promise, whether verbal or written, made between the two parties, unless expressly stated otherwise. The User and ARTICORK acknowledge that the contract has been entered into without relying on any statement or promise by the other party that is not expressly included in these Terms.

The User must carefully read these Conditions, together with any other policies available on the website. If the User does not agree with any of the conditions, the User must refrain from using the Website.

I.- USER

Access to or use of the Website and /or the acquisition of products and/or services through it implies the User’s acceptance of : (i) Being bound by and complying with the Conditions and reviewing this page periodically to be informed of any change.
(ii) Complying with current legislation.
( iii) Being bound by any other ARTICORK Terms, Policies, Regulations, Provisions, and /or similiar provisions set out on the Website.
The User may , at his or her discretion, formalize the contract for the sale of the products in any of the languages in which these Conditions are available on the Website.
The Users agrees to use the website responsibly , making legitimate purchases and providing truthful, accurate and up-to-date information.
Furthermore, the User declares to be of legal that he or she is of legal age (18 years) and has the necessary and sufficient legal capacity to enter into binding contracts.
If ARTICORK reasonably considers that the User has made a false of fraudulent purchase, it may cancel it and inform the authorities.
The Website is intended primarily for Users residing in Spain and compliance with the regulations in force in other countries is not guaranteed. However, Users from other countries may also access and use the website and place orders, provided they comply with the applicable local conditions and laws.

II.- PURCHASING PROCESS

Users may purchase through the website by following the current purchasing procedure indicated at all times on the website.

The User must fill in the information requested at each step. In any case, to complete the purchase process, the User must provide the following information: (i) Full name/company name and ID/CIF or similar , (ii) Billing address, (iii) shiping address, (iv) Email address, and (v) payment method.

Prior to completing the purchase process, ARTICORK will make these conditions available to the user, and the user must accept them by checking a box provide for this purpose.

Upon completing the purchase process and paying using a valid payment method with funds , the user will receive an order confirmation notice on the website as well as in the indicated email. ARTICORK may also inform the User via the indicated email of the moment when the order is shipped.

Where applicable, the User accepts at the time of purchase to be subject to the specific conditions regading the products of products purchased , such a price, weight, quantity, color, details, and /or characteristics, etc

Once the purchase procedure has been completed, ARTICORK will generate an electronic invoice that will be sent to the User at the email address indicated by the User.However , the User may request that ARTICORK issue a copy fo the invoice in physical format , indicating this at the time of placing the order.

Users may request an invoice for their order up to a maximum of 15 calendar days from confirmtion of the order.

Technical Means of error correction

ARTICORK provides the User with the necessary tools to identify errors in the introduction of their data, requesting confirmation of the same before completing the contract and giving the User the possibility of modifying them. In this regard, before completing the purchase process , th User may review and modify the purchase request and the data provided , confirming that the data entered is correct. It is the User’s responsibility to verify that all the information provided to ARTICORK is correct and true.

However, if the User detects any error in the data provided , he/she may contact ARTICORK using the contact methods indicated at the beginning of these conditions to request correction

III.- AVAILABILITY

All orders are subject to products availability at the time of purchase.

In the event of supply problems or the products being unavailable, ARTICORK will contact the User as soon as possible to inform him/her of the situation and will proceed to return any amount that the User has paid.

IV.- PRICES

The price of the products will be indicated in EUROS (€) and will include all applicable taxes for purchases in Spain unless otherwise indicated. In this regard, depending on the amount of the order and the country of destination of the products, other taxes may apply than those indicated on the web. In this case , the final price will be indicated prior to payment of the order.

The price of the products does not include the price of the shipping costs. The price of the shipping cost will be indicated in EUROS (€) and will include all applicable taxes unless otherwise indicated.

ARTICORK reserves the right to modify the price of the products and/or the shipping costs at any time. Notwithstanding the above, the price modification will not affect orders already placed and confirmed.

The user shall not be entitled to any retroactive refund or price adjustments due to a price change.

V.- MÉTODOS DE PAGO

the payment methods accepted by ARTICORK are the following : (i) Credit or debit card ( Virtual POS) , and (ii) PayPal.

By purchasing the products , the User declares that he or she has full capacity to use the corresponding payment methods and has sufficient funds to cover all costs resulting from the purchase of the products through the website.

The User must provide a valid and current payment method. For these purposes, the User is responsible for providing ARTICORK with accurate and updated payment method information , and authorizes ARTICORK to charge the corresponding price to the indicated payment method.

The User accepts that the use of certain payment methods may entail an additional cost on the amount of the order, which will be indicated at the time of purchase.

ARTICORK is not responsible for any delay or lack of delivery due to lack of of payment authorization by the issuing entity.

ARTICORK users all reasonable means to ensure the confidentiality and security of payment data transmitted by the User during transactions.

VI.- DELIVERY AND TRANSPORT

The delivery of the products will be carried out by ARTICORK through the eligible transport agency selected by the User at the time of purchase.

The products will be delivered to the address indicated by the User at the time of purchase. ARTICORK is not responsible for failed deliveries resulting from inaccurate or false data provided by the user or due to the absence of the recipient.

Delivery times will be indicated for information purposes at the time of purchase, always indicated in working days. Although ARTICORK will take the measures required of a diligent merchant to ensure delivery can be made as soon as possible , it does not guarantee compliance with the indicated delivery times.

If for any reason attributable to ARTICORK it is unable to meet a delivery deadline of 10 calendar days (30 calendar days in the case of shipments outside mainland Spain) , it will contact the User to inform him/her of this circumstance and the User may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid using the payment method used by the User.

In periods where special circumstances occur, such as: Christmas periods, transport strikes, and/or extraordinary events, shipment may be subject to delay.

It is the recipient’s responsibility to check the order at the time of delivery and to make any reservations or complaints that may appear justified. In this regards, the User has 2 calendar days to check that all the products have been delivered and that they have not been damage during transport.

Customs:

ARTICORK ships worldwide. In certain countries , customs charges may apply.

The Users shall be solely responsible for any customs charges, taxes, tariffs or other applicable fees that may arise in the process of shipping and receiving products purchased on the website. ARTICORK shall not be responsible for these additional costs under any circumstances.

It is the User’s responsibility to inform themselves of and comply with the customs regulations and procedures of the destination country. Any delay , cost or problem arising from these procedures will be the sole responsibility of the User.

Any delay in the delivery of the product due to customs delays will not be responsibility of ARTICORK. The User must manage and resolve any incident with the corresponding customs authorities.

If the User refuses to pay customs or tax charges and the product is returned to ARTICORK , the return cost will be deduced from the amount to be reimbursed to the User. In the event that such costs exceed the value of the order, the User will not be entitled to any refund.

VII.- CANCELATIONS

Users may cancel the order within a maximum period of 24 hours from the date it has been placed and in any case before the order has been sent. Once the order has been sent, the User will not be able to cancel the order.

The refund of the price paid will be made using the same payment method used within a maximum period of 14 days from the cancellation.

VIII.- RETURNS

It is the user’s obligation to examine the product upon receipt. Any claim for non-compliance with a product must be notified to ARTICORK within a maximum period for thirty calendar days from receipt of the order. After this period , returns will not be accepted.

Product non-conformity will only be accepted due to quality or quantity problems. Some products may present variations inherent to the type of material used in their manufacture. These variations are considered part of the individual appearance of the product and will not be considered quality defects. Returns will not be accepted for damage to the product due to misuse by the user or damage that the product may have suffered during transport. Under no circumstances will ARTICORK accept returns of products that have been manipulated.

The User must return the products to ARTICORK’s registered office or, failing that, to the place indicated by ARTICORK. The products must be returned in perfect condition and in their original state.

Once the returned products have been received, ARTICORK, will verify their condition and , if applicable, will authorize the return. In Case the return is authorized ARTICORK will credit the price of the product to the payment method used by the User within 14 calendar days from the authorization.

Notwithstanding the foregoing , in the event that the User is considered a consumer and/or user (“Consumer”) , he/she will have the guarantees provided for by law in accordance with Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumer will have the right to withdraw in accordance with the aforementioned Law. For these purpose, the following is reported:

The Consumer has the right to withdraw from the distance sales contract within a period of fourteen (14) calendar days without the need for justification.
The withdrawal period will expire fourteen calendar days after the day on which the Consumer or a third party represented by the suer, other than the carrier, acquired material possession of the products.
To exercise the right of withdrawal the Consumer must notify ARTICORK PRODUCTS SLU (B55306955, C/ Gas, 10 – 17200 Palafrugell – Girona, Spain. 972 30 07 50. comercial@articor.comYour decision to withdraw from the contract by means of an unequivocal statement ( for example, a letter sent by post or email). You may use the model withdrawal form below, although its use is not obligatory.
to comply with the withdrawal period, it is enough whit the communication regarding the exercise of this right to be sent before the corresponding period expires.
In the event of withdrawal, ARTICORK will return all payments received, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer)without undue delay and, in any case, no later than 14 calendar days from the date on which ARTICORK is informed of your decision to withdraw from this contract.
ARTICORK will make the refund using the same payment method used by the Consumer, unless otherwise expressly provided, in any case , it will not incur any costs as a result of the refund. ARTICORK may withhold the refund until it has received the goods, or until the Consumer has provided proof of the return of the goods, depending on which condition is met first.
The Consumer must return or deliver the products to ARTICORK PRODUCTS SLU , C/GAS 10 – 17200 PALAFRUGELL-GIRONA- SPAIN without any undue delay and, in any case, no later than within 14 calendar days from the date on which he communicates his decision to withdraw from the contract. The deadline will be deemed to have been met if the returns the goods before the deadline has expired.
The Consumer must return the products in their original condition and keeping the packaging.
The Consumer must assume the direct cost of returning the products.
The Consumer shall only be liable for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form:

For the attention of:

ARTICORK PRODUCTS SL (B55306955)
C/ Gas, 10 – 17200 Palafrugell – Girona
+34 972 30 07 50 comercial@articor.com

I hereby inform you that I am withdrawing from my sales contract for the following product:

– ( Order Nº )
– (Consumer name)
– (Consumer address)
– (Consumer signature)
– (Date)

IX.- RESPONSIBILITIES

ARTICORK shall not be liable for any breach of contract in the even of stock out or unavailability of the product, force majeure, riots or total or partial strikes, especially those affecting postal services, means of transport and/or communications, as well as in the event of flood or fire.

ARTICORK will not be responsible for any misuse or wear of the products by the User, nor for incorrect returns made by the User.

ARTICORK will also not be liable for defects that have occurred during the transport of the product.

As regards the use of the Website, it is provided “as is” and “as available” with all faults , errors and/or defects, without any kind of implicit or explicit guarantee, commitment and/or responsibility. ARTICORK shall not assume any responsibility for any kind of physical of moral damage, direct or indirect or incidental, or for loss of profit , or any loss of data, resulting form the use of the Website by the User. In this regard, although ARTICORK takes all necessary measures to display the products accurately on the Website, it is not responsible for small differences or inaccuracies due to the resolution or characteristics of the screen,browser problems or other similar factors.

XI.- LEGAL ACTIONS

The User shall be liable to ARTICORK and/or third parties for any damages or losses that may be caused by failure to comply with these Terms.

ARTICORK reserves the right to take legal action , both civil and criminal, that it deems necessary in the event of improper use of the Website and its contents, or failure to comply with these Conditions.

XII.- USE OF THE WEB

It is prohibited to use the Website for the purpose of harming the property, rights or interests of ARTICORK or third parties. It is also prohibited to make any other use that alters, damages or renders useless the networks , serves, equipment, products and computer programs of ARTICORK or third parties. Likewise, it is prohibited to alter or modify any part of function of the Website or to circumvent, deactivate or manipulate in any other way the security functions or other functions of the website. In particular , the use or any automated systems or software to extract or compile information from the Website for commercial purposes is strictly prohibited.

Under no circumstances will these Conditions imply the transfer or transmission of any intellectual property rights owned by ARTICORK or third parties, unless expressly agreed.

The User acknowledges and accepts that all intellectual property rights on the Website and its contents (texts, photographs, graphic, images, technology, software, links, contents, graphic design, source code , etc) including, among others, copyrights, trademarks, patents, designs and trade secrets, are and will remain the exclusive property of ARTICORK or third parties, as appropriate.

The User undertakes not to copy, modify, adapt, distribute, transmit,decompile, reverse engineer, sell, sub license , lease, lend, rent, assign, grant guarantees on, or transfer in any way the rights related to the intellectual property of the Website, unless with the express written authorization of ARTICORK.

XIII.- PRIVACY AND DATA PROTECTION

ARTICORK, in accordance with current regulations on the protection of personal data, informs you that the personal data collected through the Web are included in the specific automated files of users of ARTICORK services.

The purpose of the automated collection and processing of personal data is to maintain the business relationship and to carry out information, training, consulting and other activities specific to ARTICORK.

These data will only be transferred to those entities that are necessary for the sole purpose of fulfilling the purpose stated above.

ARTICORK adopts the necessary measures to guarantee the security, integrity and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 , regarding the protection of natural persons with regard to the processing of personal data and the free circulation of such data.

The User may at any time exercise the rights of access , rectification, limitation of precessing, deletion ( right to be forgotten) , data portability and opposition, as well as the right to withdraw consent given, recognized in articles 15 to 22 of the RGPD. The exercise of these rights may be carried out by the User himself through communication addressed to ARTICORK at c/ Gas, 10 – 17200 – Palafrugell- Girona , duly identified and clearly indicating the specific right being exercised.

The User declare that all data provided by him/her are true and correct, and undertakes to keep them updated, communicating any changes to ARTICORK.

Principles Applied in the Processing of Personal Data

In the management of personal data, ARTICORK will follow the following principles, which comply with the requirements of the RGPD and the LOPD, (i) Principle of legality, loyalty and transparency ; (ii) Principle for limitation of the conservation period, and (iv) Principle of integrity and confidentially.

Purpose for processing personal data:

ARTICORK will process the User’s personal data collected through the Website for the following purpose ; (i) In the event of contracting the goods and services offered through the Website, to maintain the contractual relationship, as well as the management , administration,information, provision and improvement of the service. (ii) Sending information requested through the forms available on the website. (iii) Sending newsletters, as well as commercial communications regarding promotions and/or advertising from ARTICORK and the sector.

The personal data provided will be kept as long as the business relationship is maintained or you do not request its deletion and during the period during which legal responsibilities may arise for the services provided.

Legitimation:

The processing of data is carried out on the following legal bases that legitimize it: (i) The request for information and/or the contracting of ARTICORK services , the terms and conditions of which will be made available to you in any case, prior to any eventual contracting. (ii) Free, specific, informed and unequivocal consent, as we inform you by making this privacy policy available to you, which after reading it, if you agree, you can accept by means of a statement or a clear affirmative action , such as checking a box provided for this purpose.

If you do not provide us with your data or do so incorrectly or incompletely, we will not be able to process your request, making it completely impossible to provide you with the requested information or carry out the contracting of the services.

Recipients:

The data will not be communicated to any third party other than ARTICORK , except by legal obligation.

Data collected by users of the services:

In cases where the user includes files containing personal data on the shared hosting serves, ARTICORK is not responsible for the user’s failure to comply with the LOPD y RGPD.

Data retention in accordance with the LSSI:

ARTICORK informs that , as a provider of data hosting services and pursuant to the provisions of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce ( LSSI) it retains for a maximum period of 12 months the information essential to identify the origin of the hosted data and the time at which the provision of the service began. The retention of this data does not affect the confidentiality of communications and may only be sued within the framework of a criminal investigation or to safeguard public safety, being made available to the judges and/or courts or the Ministry that so requires.

Commercial communications:

In accordance with the LSSI, ARTICORK will not send advertising or promotional communications via the Web, by email or other equivalent means of electronic communication that have not been previously requested or expressly authorized by the recipients thereof.

In the case of users with whom there is a prior contractual relationship, ARTICORK is authorized to send commercial communications regarding ARTICORK products or services that are similar to those that were initially contracted with the client.

Archive of communications, purchase orders and payments:

Communications , purchase orders and payments involved in transactions carried out on the Website may be archived an kept in ARTICORK’s computerized records in order to constitute a means of proof of the transactions , in any case, respecting reasonable security conditions in force that are applicable in this regard, and particularly taking into account Regulation ( EU) 2016/ 679 of the European Parliament and of the Council , of April 27, 2016 , regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018 , of December 5 , on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of the Website.

XIV.- MODIFICATIONS OF THE CONDITIONS

ARTICORK reserves the right to modify these Conditions at any time without notification to the User, so the User is recommended to review them periodically each time they access the Website.

XV.- NULLITY AND SUBSISTENCE

If any provision of these Conditions is not applicable or is declared null of ineffective, such nullity or ineffectiveness will affect only that provision or the part thereof that is ineffective, the remainder remaining in force , and such provision, or the part thereof that is affected, will be deemed not to have been included.

XVI.- APPLICABLE LAW AND JURISDICTION

These Conditions must be interpreted and complied with in their own terms and, in any case not provided for therein, they will be governed by Spanish Law.

In the event of any dispute that cannot be resolved amicably , and to the extent permitted by applicable law, the Parties expressly submit to the jurisdiction of the courts and tribunal of the city of La Bisbal d’Emporda.

Girona, on July 4 , 2024