1. Holder's identification data

These general terms and conditions of sale regulate in a comprehensive manner all sales transactions that may be offered, provided or carried out from the website and online shop located on the website. https://framimaquinariadehosteleria.es  Hosteocasion™ is a trademark of Francisco Monroy Industrias S.L. CIF B03904836, with address for these purposes at Avda. Finestrat 25, 03509 Finestrat (Alicante). Telephone 965 85 15 79 and e-mail address [email protected]

These terms and conditions may be modified by Hosteocasion™ at any time, and the user will be informed of the existence of any new version of these terms and conditions containing substantial changes.

Please note that this is a professional to professional sale, not a sale to private individuals.

2. The user

Access, browsing and use of the Website confers the condition of user, and as such, from the moment you start browsing, you accept all the Conditions established here, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

• Use this Website only to make legally valid enquiries and purchases or acquisitions.
• Do not make any false or fraudulent purchases.
• To confirm that all data provided are truthful and lawful.

The User declares that he/she is over 18 years of age and/or has the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Professional Users in the hospitality industry residing in the EU and is governed by Spanish legal guidelines, and Hosteocasion™ makes no representation that the Website complies with the laws of other countries, either in whole or in part.

3. Applicability of general conditions

These terms and conditions apply to all quotations, offers, activities, agreements and deliveries of products by or on behalf of Hosteocasion™.

Deviation from these conditions is only possible if the parties have explicitly agreed in writing.

4. Object

These terms and conditions shall govern the use of the Hosteocasion™ website and online shop as indicated above, making them available to its users and customers.

Purchases in https://framimaquinariadehosteleria.es/  can be placed from any part of Spain through these conditions, which would vary if the order is placed from any other EU country.. The products and services that Hosteocasion™ sells through its website are mainly: new and/or reconditioned machinery for the hospitality industry for professionals in the HORECA sector.

These General Terms and Conditions have been drawn up in accordance with the provisions of Law 34/2002, on information society services and electronic commerce, the RGPD EU 2016/679, its Spanish transposition, the LOPD-GDD 3/2018 and the Spanish Civil Code.

Please note that as the contractual relationship is professional to professional, Hosteocasion™ is exempt from compliance with Royal Legislative Decree 1/2007, of 16 November and its regulations, Royal Decree 306/2019, of 26 April, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, all of which are mandatory legal provisions.

Hosteocasion™ may change them without notice, so we recommend a regular consultation of the same, especially when you are preparing to make effective use of your online shop. However, Lencería Tatiana ™ is always committed to keep them updated, to publish the latest version and allow access and printing at any time.

Use of Images

Hosteocasion™, uses its own images and those of third parties by means of a contract of use tender, which are copyrighted by the owner firms.

The contents may not be copied, modified, reproduced, communicated to the public, presented, distributed or used in any other way for commercial purposes.

It is authorised for the use for which it has been contracted exclusively.

Ownership is not transferredThe design may not be used in third-party products not made by its owner.

The user acknowledges that the images they may receive are protected by intellectual, industrial or other property rights and that any use of these images in violation of these rights will be prosecuted in accordance with current legislation.

5. Conditions of access and purchase

Access to the Hosteocasion™ Portal is free and attributes the condition of User to the person who accesses it, regardless of the subsequent use of the services offered.

Hosteocasion™ undertakes not to allow any transaction that is illegal, or is deemed by the credit card brands or acquiring bank, that may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or payment platforms.

The User must provide their personal data in order to make a purchase in our shop by filling in a form, which may involve assigning personal credentials consisting of a unique identifier (such as an e-mail address) and a password, the conservation and custody of which will depend exclusively on the User, who must use them with due diligence. Therefore, he/she shall not use passwords other than his/her own, with the aim of impersonating other Users in the use of the website and its services.

The purchase of the products in https://framimaquinariadehosteleria.es/  may only be made by users with the legal capacity to make purchases according to current legislation, who must follow the steps and instructions that will accompany the entire purchase process, consisting of, but not limited to, the following:

(i) Completion of the registration form or the identification form for previously registered users;

(ii) On-screen display of the order summary, delivery conditions and - if applicable - shipping costs;

(iii) Acceptance of purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of the present General Conditions, as well as, if applicable, of the existing Special Conditions, and

(iv) Immediate receipt of summary e-mail to the account used for registration or - failing that - as soon as possible and always within 24 hours.

It is not permitted to purchase products or services in the following ways https://framimaquinariadehosteleria.es/  for subsequent distribution or resale, either in public establishments or in the domestic sphere, except in the case where there is an express written agreement with Hosteocasion™ , for which it will regulate and authorise the necessary permits if at any time it consents to it, so it would notify the authorised agent of such authorisation.

6. Orders

No valid order can be placed without expressly accepting, through the boxes provided for this purpose, the terms and conditions and privacy policy of Hosteocasion™.

All orders shall be considered offers to purchase subject to these terms and conditions, where Hosteocasion™ reserves the right to accept the same if the requirements of these terms and conditions are not met.

Once an order has been placed, the system automatically generates a confirmation of receipt of the order, assigning an order number. However, this confirmation does not imply automatic acceptance of the order, as Hosteocasion™ reserves the right to collect additional information related to identity and address in order to guarantee both the correct delivery of the order and to ensure the absence of fraud related to transactions.

Orders can be placed 365 days a year, at any time, except at times when the service is suspended for maintenance or other commercial circumstances and/or force majeure.

Any order is subject to the temporary availability of the product.

7. Delivery

Delivery shall be deemed to have taken place when the user or a third party indicated by the user acquires material possession of the products.

The delivery time for the order will vary according to the type of service to be provided and the delivery method selected, and will be communicated in advance by e-mail or other designated means of communication.

If the addressee is absent at the time of delivery, a notice will be left so that he/she can pick up the shipment at the place and within the time indicated. After the deadline has passed without collection, the shipment will be returned to Hosteocasion™.

8. Price and payment

It is understood that the price of each product is the one that will appear on the website. The user must pay the marked price, including the applicable taxes, together with the shipping costs, which will be added to the final price to be paid.

Prices may be changed by Hosteocasion™ at any time and without prior notice without affecting orders already confirmed. However, even if confirmed, Hosteocasion™ shall not be obliged to honour orders when the price is incorrect, especially when the error is manifest and easily recognisable.

The accepted means of payment are:

Payment by credit or debit card via Virtual POS through the platform of Banco Santander (through its platform https://www.getneteurope.com/es/politica-de-privacidad), where the parties reserve the right NOT to accept certain payments with certain credit cards,

Payment by credit/debit card: The charge is made online, i.e. in real time, through the payment gateway of the corresponding financial institution and once it has been verified that the data provided are correct.

Giving maximum security to the payment system https://framimaquinariadehosteleria.es/  Hosteocasion™ uses secure payment systems of leading financial institutions in e-commerce. In this sense, confidential data is transmitted directly and in encrypted form (SSL) to the corresponding financial institution. The SSL encryption system used confers total security to the transmission of data through the network. Customer data are fully confidential and protected. Credit card details are not recorded in any of our databases. They are only used in the virtual POS (Point of Sale Terminal) of Hosteocasion™'s financial institution, through its Secure Payment Gateway. Credit cards will be subject to verification and authorisation by the credit card issuer, but if the credit card issuer does not authorise payment, Hosteocasion™ is not responsible for any delay or non-delivery and will not be able to enter into any Contract with the customer. Hosteocasion™ reserves the right to verify the personal details supplied by the customer and to take any action it deems appropriate (including cancellation of the order) to ensure that the goods purchased are delivered in accordance with the details on the order.

Hosteocasion™ reserves the right to change the payment methods, and may create new ones or eliminate any of the existing ones, without the user/customer being able to make claims for this reason. However, if the change in the payment method affects an order already placed, Hosteocasion™ will contact the customer to inform him/her of the change, offering him/her the different possible options.

9. Right of withdrawal, incidents and refunds

Withdrawal

Due to the fact that the contracting of our services corresponds mainly to second-hand machinery for professionals, that the costs of the same do not fall within the section of commodity elements and that the cost of shipping is high due to volumes and weights and in accordance with article 103 of the Royal Legislative Decree 1/2007, Hosteocasion™ is exempt from the right of withdrawal by the customer. Although, before placing the order, all the relevant tests will have been carried out for its acceptance, once the test has been accepted, no returns related to the design of the approved product will be accepted, indicating in advance that the images on screen differ substantially from the paper formats, mainly due to the use of different papers and materials that may be required.

10. Guarantee

Due to the fact that the items sold on this website are second hand, Hosteocasion™ is exempt from extending the manufacturers' own warranties, which may have expired at the time of sale, however, Hosteocasion™ gives an additional 1 month warranty from the time the order is received by the customer.

11. Customer Service

Hosteocasion™ has a customer service department so that users can manage their complaints, queries or requests.

The User may address any complaints, claims or requests for information to the Hosteocasion™ Customer Service Department at [email protected]
All doubts and especially complaints and suggestions will be dealt with as quickly as possible, without exceeding in any case the deadlines established by current legislation.

It shall also record them by providing written proof, on paper or on any other durable medium.

12. Protection of personal data

Hosteocasion™ complies with current legislation on the protection of personal data, in accordance with Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

For more information, please click on the privacy policy at the bottom of the page.

13. Language of the contract

These general terms and conditions of sale are written in Spanish. In the event that they are translated into one or more foreign languages, the Spanish text shall prevail in case of dispute.

14. Applicable legislation

These General Conditions are governed by Spanish law. The parties submit to the courts and tribunals of Alicante for the resolution of conflicts, renouncing any other jurisdiction.