Identification of the Parties. On the one hand the company “CONTENEDORES MATA, S.L.”, hereinafter Contenedores Mata, with registered office at Avenida Ramón Llidó 7, 03730 Jávea (Alicante), and holder of CIF B-53101598, owner of the domain www.contenedoresmata.es, hereinafter Website. On the other hand the User, the one that contracts the services that are offered through the Website and whose identifying data are those facilitated directly by this one by means of the incorporation of its data to the different forms that Contenedores Mata puts to its disposition to accede to anyone of the services that are offered through the Website.
2.- Purpose and Scope of Application. The purpose of these General Terms and Conditions, hereinafter referred to as GTC, is to regulate the access and acquisition of the services provided through the Website, and may be consulted, printed and stored by the User prior to the start of the contracting procedure.
3.- Acceptance. The User declares that he/she is a person with capacity to contract and expressly accepts the full and unreserved adhesion to the present stipulations in the version published by Contenedores Mata at the moment the User contracts the services in which he/she is interested.
4.- Modification. Contenedores Mata will be able to modify the present CGC without affecting the services acquired by the Users prior to the modification.
5.- Obligations of the Parties.
5.1.- Obligations of Contenedores Mata. To provide the services in accordance with these GTC and without breach of contractual good faith. Inform the User prior to contracting and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the services requested, such as the price of the same and the applicable taxes. Make available to the User a copy of the text of the General Terms and Conditions. Likewise, and for those services that so require, the applicable Particular Conditions will be made available to the User prior to contracting. To send the User the proof of payment or invoice for the contracted services. Comply with the provisions of the regulations on the rights of consumers and users.
5.2.- Obligations of the User. To fully comply with the provisions of the GTC. Complete the registration forms prior to the start of the contracting procedure with truthful and current information in order to access any of the services offered on the Website. Likewise, the User guarantees and will be responsible for keeping them completely updated during his condition as User of the Website. To complete the forms of access to the services, with truthful and current information since these data are necessary for the emission, in its case, of the invoice by Contenedores Mata and the collection of the contracted services. To facilitate of correct form the banking data requested by Contenedores Mata, as well as to pay the price of the contracted services in accordance with the chosen form of payment and with the effective tariffs published by Contenedores Mata in the Website at the moment of the contracting.
6.- Prices, applicable taxes and shipping costs. The prices applicable to the contracting by the User of the services will be those appearing on the Website at the time the User accesses the specific service and proceeds to initiate the contracting process. VAT and shipping costs are included in the price. In case of error in the price of the services that the User has contracted, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and you will be fully reimbursed for any amounts paid. We will not be obliged to supply you with the service(s) at the incorrect lower price (even if we have sent you the Shipping Confirmation). Contenedores Mata reserves the right to modify the list of prices published in the Website, when it considers it convenient. In any case, the foregoing shall not apply to those services contracted prior to the modification.
7.- Payment Methods. The following payment methods will be available: Secure payment by Redsýs credit card. Bank transfer. Cash on delivery.
8.- Contract with Contenedores Mata and Acceptance of Order. Until the order is not accepted by Contenedores Mata (although it has already been charged to your account) there will be no contract between the User and Contenedores Mata. If the order is not accepted and we have already charged you, the amount will be refunded in full. After clicking on “buy” the user will receive an email as acknowledgement of receipt. This does not imply that the order has been accepted, since it is itself an offer that you make to us to make a purchase. Orders are subject to our verification and acceptance. We will confirm acceptance by sending you an email informing you that the order is being shipped (Shipping Confirmation). Only at this point will the Contract between you and us be formalized.
Liability of the Parties.
9.1.- Responsibility of Contenedores Mata. The content of this Website is presented for the sole purpose of promoting the services of Contenedores Mata, without any other guarantee whatever its nature. In particular, Contenedores Mata is exempt of any responsibility by the eventual damages and damages: That can be caused by the lack of availability and/or continuity of the Website. That is generated to the User in case of impossibility to provide the service object of the present General Conditions of Contracting due to assumptions of fortuitous case, force majeure or other causes not attributable to Contenedores Mata. For these purposes, they are considered to be beyond its control, by way of example and not limitation, (i) the modem, (ii) the User’s computer system, (iii) navigation software, (iv) viruses, (v) interconnection of telephone and electrical networks, (vi) ADSL, ISDN, and/or any other transport or telecommunications infrastructure used by the User. for the inadequate operation of the Website if this is due to maintenance work, incidents, a malfunction of the User’s terminal or its insufficient capacity to support the systems essential to make use of the service. Contenedores Mata does not guarantee the absence of virus neither of other elements in the Website that can produce alterations in your computer system, nor the usefulness, accuracy, update or infallibility of the contents or services not controlled by them. Contenedores Mata will take the appropriate measures to ensure a quick response, but cannot be held responsible for delays due to telecommunications services, nor can it guarantee a specific delivery time for the products.
9.2.- User’s Responsibility. The User shall be solely responsible for the consequences arising from the communication of data that are not true as well as data belonging to persons other than the User. To adopt the necessary security measures, both personal and material, to maintain the confidentiality of its user name and password, as well as to notify immediately to Contenedores Mata the loss, loss, subtraction, robbery or illegitimate access of its user name, as well as its knowledge by third parties. In case of breach by the User of its contractual obligations, Contenedores Mata reserves the opportune legal actions, as well as the right to restrict the access to the services offered in the Website.
10.- Right of Withdrawal. In accordance with Royal Legislative Decree 1/2007, of November 16, 2007, which approves the Revised Text of the General Law for the Defense of Consumers and Users, the right of withdrawal shall not apply to contracts relating to: the provision of services, once the service has been fully executed.
11.- Miscellaneous Provisions. We only serve containers to the towns of Xàbia, Denia, Gata de gorgos, Benitatxell, Teulada-Moraira, Benissa, Pedreguer and Ondara. For other neighboring towns such as Calpe, Jalón, Pego, etc., please contact us. You can do so through our contact section. If the shipping address is different from the billing address or the customer’s address, you must tell us the different shipping address by filling in the data requested in these cases. If you want to order containers for different shipping addresses, it is necessary to place a new order for each new shipping address. In addition, the space reserved for the container must be available prior to delivery. This should be approximately the same space occupied by one passenger car per container. Waste must be sorted. The debris and the garden must be clean and free of iron, plastic, bags, utensils, etc… The mandatory data are marked with a red asterisk. The data without this symbol are not mandatory, and will only be filled in to indicate some instructions in the service preference, such as delivery date and time preference to receive the order, as well as the telephone number of the person in charge of its reception. It must be clear that these data of preferences, for the date and hour of delivery, do not demand the obligation to Contenedores Mata S.L. to fulfill them with exactitude, at the time of the delivery of the containers. If you choose payment on delivery, you must pay cash on delivery and at the shipping address.
12.- Notifications. To the effects to practice the opportune notifications, Contenedores Mata designates as domicile of contact the one specified in the legal warning. The email provided by the User during the registration process on the Website, will be used by Contenedores Mata to practice notifications to the User. The User is obliged to keep duly updated the data referred to in this clause for notification purposes. All the Notifications made by Contenedores Mata to the User will be considered validly made if they have been made using the data and through the above mentioned means. Contenedores Mata is not responsible for any damage that could be produced by the violation of the User of his obligation of maintenance updated of his contact data.
13.- Nullity and Ineffectiveness of the Clauses. If any clause included in these General Terms and Conditions is declared totally or partially null and void or ineffective, such nullity shall only affect such provision or the part thereof that is null or ineffective, and the GTC shall remain in force in all other respects.
14.- Duration of the General Conditions of Contract. The period of validity of these GTC, will be the time that they remain published on the Website and will be applicable from the time the User proceeds to the recruitment of any of the products.
15.- Competent Jurisdiction. The parties, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts of Denia for the resolution of conflicts.