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Legal notice

Legal notice

· BERCHUS-mobile
Bernardo Jesús Juárez Lozano
San Mamés 74
24007 Lion
Lion
Is

Phones: 987,797,424 - 655,147,432
Email address info@berchusmovil.es
VAT Identification Number 09765836J

General Conditions

1.- PRE-CONTRACT INFORMATION, AVAILABILITY OF CONTRACTING CONDITIONS, ACCEPTANCE OF CONTRACTOR, DOCUMENTATION AND POST-CONTRACT INFORMATION
These General Conditions of Use that are made available to the user on the website of BERCHUS Mobile, are permanently displayed on the website owned by Bernardo Jesús Juárez (www.berchusmovil.es), being able to archive, print and therefore be previously informed of the conditions of use of the site as well as the conditions of contract under which the different services will be provided.
The USER declares to be of legal age and have sufficient capacity to contract and have read, understood and accepted these Terms.
Any subsequent modification of these General Conditions will be clearly displayed in an easily accessible place on the website www.berchusmovil.es. All documentation indicated above may be printed and archived by the CONTRACTOR, who may request it at any time via email or from contact form.

2.- CONDITIONS OF ACCESS AND USE
The use of the www.berchusmovil.es website does not imply the obligatory registration or registration of the USER, it will only be necessary to buy products or contract services by entering certain data in a purchase registration form. The conditions of access and use of the website are strictly governed by the current legality and the principle of good faith committing the USER to make good use of the website.
Therefore, all acts that violate the legality, rights or interests of third parties, right to privacy, data protection, confidential information, rules on electronic commerce, intellectual property and disclaimer are prohibited.
www.berchusmovil.es reserves the right to modify these Terms at any time. That's why we recommend that you periodically review your content.

The mere use of the site implies acceptance by the user of the conditions set out in Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and user rights in relation to electronic communications networks and services, Directive 2002/58/EC on the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on consumer protection cooperation Text relevant for EEA purposes


3.- RESPONSIBILITY of www.berchusmovil.com:
3.1.- Use of the website: www.berchusmovil.es will not be liable in any case for errors or damage caused by the lack of communication between www.berchusmovil.es and the CUSTOMER when it is attributable to the non-functioning of the email provided or to the falsity of the data provided by the CUSTOMER in its user registration on this website.
3.2.- Responsibility: www.berchusmovil.es does not assume the responsibilities that may arise from the sale or provision of the services since it acts as a retailer. However, the www.berchusmovil.es help you in any way possible to resolve any questions or incidents you may have with your purchase or the contracted services.
3.3.- Incorrect prices: www.berchusmovil.es does not assume the responsibilities that may arise from an incorrect price of a particular product, especially where this price is lower than the purchase price of www.berchusmovil.es to its wholesaler or supplier. All orders that may be affected by such errors will be cancelled at www.berchusmovil.es's decision, which will only be obliged to refund the full amount paid. Once the full amount has been returned to the purchase, any claim received in this regard will be considered as the work of bad faith on the part of the customer. However, www.berchusmovil.es will help you in any way possible to solve any questions or incidents you may have with the online sales service.

4.- USER'S LIABILITY:
4.1. Good use of the service: The USER is obliged to make good use of the service and, therefore, not to use it in bad faith for any practice that is prohibited by law or rejected by commercial uses. www.berchusmovil.es is entitled through these General Conditions of Use, from the moment when it has reliable knowledge of the user's realization of any illegal action or use in general, to inform the competent authorities of these circumstances and to unsubscribe the USER or restrict access to the www.berchusmovil.es website. The USER will be solely responsible for any claim or legal, judicial or extrajudicial action initiated by third parties directly harmed by the USER before Courts or other agencies, assuming all expenses, costs and compensation that, if applicable, may be borne www.berchusmovil.es if the claim is directed against it. In addition, www.berchusmovil.es will collaborate and notify the competent authority of these incidents at the time when it has reliable knowledge that the damage caused constitutes any type of illegal activity, especially in the field of content introduced by the USER that may violate the legitimate rights or interests of www.berchusmovil.es or third parties.

5.- JURISDICTION AND APPLICABLE LAW
These General Conditions are governed by Spanish law. Specifically they are subject to the provisions of Law 7/1988 of April 13, on General Conditions of Contract; Law 26/1984 of July 19, General, for the Defense of Consumers and Users; Royal Decree 1906/1999 of December 17, 1999, regulating Telephone or Electronic Procurement with general conditions; Organic Law 15/1999 of December 13, on the Protection of Personal Data; Law 7/1996, of January 15 on Retail Trade Management, and Law 34/2002 of July 11, services of the Information Society and Electronic Commerce. For the resolution of any dispute or dispute arising from these general conditions, the Courts and Tribunals of León shall have jurisdiction, expressly waiing the CONTRACTOR to any other jurisdiction that may correspond to it.

6.- PAYMENT METHODS

  • Payment by Credit Card or Debit Card.
  • Payment by bank transfer.
  • Cash payment in our physical store


7.- CONTRACTING SERVICES
The services advertised on the website are available to any USER of legal age. The contracting of any service implies acceptance of all points of this contract. The technical and/or physical characteristics will be displayed before confirming the contract/renewal.

All lines, by law, must be registered in the name of a natural or legal person, and it is necessary for the customer holding the line to be accredited.
Our customers must sign the service delivery contract and provide the following
documentation (photocopies or scanned image):

  • Prepayment and Automatic Recharge -> NIF, NIE, CIF, Passport
  • Contract -> Bank account receipt up to 3 months old

In the case of self-employed persons or companies, the following documentation will also be required:

  • Self-employed -> Last Monthly Social Security Receipt
  • Companies -> Writing constitution and NIF of the company's proxy.

If the bank account holder is not the line holder, you must send us a photocopy of the account holder's VAT number, NIE or CIF.

Failure to send this documentation may involve blocking your line by the operator, until the required documentation is sent and verified. In no case will the amount of any order be refunded if the user refuses to send this mandatory documentation after the payment of the order, allocating the amount paid as management costs.



8.- SHIPPING
www.BERCHUSmovil.es you ship with the state entity Correos, selecting the type of shipment depending on the geographical area and the characteristics of the same.
You will receive an e-mail or SMS with the tracking number of your shipment in order to track until delivery. It is very important that you ensure that the email address and Mobile Phone entered in the order data are correct.
In the event that there is any transport incident in the delivery, you must reflect it on the proof of delivery and communicate it within 24 hours to the mail: info@berchusmovil.es
As a general rule, shipments will be made to peninsula and Balearic Islands by Post and MRW, for shipments to Ceuta or Melilla we recommend not to use MRW for its high shipping rates. Shipments to the Canary Islands are shipped exclusively by Post Office.


The cost of shipments is variable depending on the destination, the company chosen and the total weight of the shipment. For shipments up to 500gr the certified postal letter service will be used; for shipments of more than 500gr will be sent by certified blue package. Promotions with free shipping can be done by regular mail.
Delivery times by Post Office are approximately 3 to 6 days, and 24 hours per MRW depending entirely on this point of service provided by these companies.

· BERCHUS-mobile and its corresponding logo are a registered trademarkin the OEPM. Company exempt from registration of remote selling companies in accordance with Article 2(6)2 of Royal Decree 200/2010 of 26 February.

Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.

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