Introduction

This contractual document will govern the General Terms and Conditions of product contracting (hereinafter referred to as the "Conditions") through the website www.dmgroup.tv, owned by DAVID MORAN SA under the commercial brand of DAVID MORAN, hereinafter referred to as the "PROVIDER," whose contact details are also provided in the Legal Notice of this website.

These Conditions will remain published on the website and available to the USER for reproduction and storage as confirmation of the contract and may be modified at any time by DAVID MORAN SA. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders will be applicable. DAVID MORAN SA will archive the electronic document formalizing the purchase and will make it available to the USER upon request. The contracts will not be subject to any formalities except for those expressly indicated in the Civil and Commercial Codes and in this or other specific laws.

Acceptance of this document implies that the USER:

Has read, understood, and comprehended the provisions herein.
Is a person with sufficient capacity to enter into a contract.
Assumes all obligations stated herein.

These conditions will have an indefinite validity period and will apply to all contracts entered into through the PROVIDER's website. The PROVIDER informs that it is responsible for and is aware of the current legislation in the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting goods or promotions that were previously acquired.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is DAVID MORAN SA, with registered office at DURANES, 6 - 29200 ANTEQUERA (MÁLAGA), tax ID number A29159704, and customer service telephone number 645 121 802. On the other hand, the USER, registered on the website using a username and password, for which they have full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER when the USER accepts it by checking the corresponding checkbox during the online contracting process. The contractual relationship of sale involves the delivery of a specific product in exchange for a specified price publicly displayed on the website.

Rectification of data

If the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify it to the email address amg@davidmoran.net so that DAVID MORAN SA can correct them as soon as possible. The USER may keep their data up to date by accessing their user account.

Contracting procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must provide their personal data freely and voluntarily, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website. The USER will select a username and password, committing to use them diligently and not make them available to third parties, as well as to notify the PROVIDER in case of loss, theft, or possible unauthorized access by a third party, so that immediate blocking can be carried out. Once the user account has been created, it is informed 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 following steps:

General contract clauses.
Order dispatch and delivery.
Right of withdrawal.
Complaints and online dispute resolution.
Force majeure.
Competence.
Generalities of the offer.
Price and term of validity of the offer.
Transportation costs.
Payment method, expenses, and discounts.
Purchase process.
Disassociation and suspension or termination of the contract.
Guarantees and returns.
Applicable law and jurisdiction.

General Contract Clauses

Unless otherwise agreed in writing, placing an order with the PROVIDER implies the USER's acceptance of these legal conditions. No provision made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

Order Shipping and Delivery

The PROVIDER will not send any order until payment has been verified. Goods will be shipped usually through EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), to the destination freely designated by the USER. The shipment will be made once the availability of the goods has been confirmed and the payment for the order has been verified. The delivery time will be between 2 and 6 working days, depending on the destination and the chosen payment method. The estimated shipping and delivery date will be provided prior to order confirmation.

Failure to Execute the Distance Contract

In the event that the contract cannot be executed because the contracted product or service is not available within the specified period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a full refund without any cost, without any liability for damages attributable to the PROVIDER. In the event of an unjustified delay by the PROVIDER in refunding the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered that exceed said amount. The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate, or incomplete data provided by the USER. The delivery will be considered completed at the moment when the carrier has made the products available to the USER, and the USER or their representative has signed the delivery receipt document. The PROVIDER will be responsible to the USER for any non-conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of such non-conformity, a price reduction, or contract resolution. In any of these cases, the USER may also claim compensation for damages, if applicable. The USER will have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER fulfills the obligations established in this contract. It is the USER's responsibility to verify the products upon receipt and to make any necessary exceptions and claims in the delivery receipt document. In the event that the contract does not involve the physical delivery of any product but rather a download activation on a website, the PROVIDER will inform the USER in advance of the procedure to follow to perform this download.

Right of Withdrawal

Withdrawal Form: https://www.davidmoran.net//formulario-solicitud-desistimiento.pdf The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract in the case of the provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter referred to as RDL 1/2007. If the PROVIDER fails to fulfill the duty of information and documentation regarding the right of withdrawal, the period for its exercise will expire twelve months after the expiration date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007. The right of withdrawal shall not apply to contracts referred to and listed in Article 103 of RDL 1/2007, which are listed here. Any return must be communicated to the PROVIDER by requesting a return number through the form provided for this purpose, or by email to amg@davidmoran.net, indicating the corresponding invoice or order number. In the event that the return is not made with the original packaging, the PROVIDER may charge the cost of €... to the USER, providing prior notice through the same communication channel used. Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the shipping costs at their expense, to the address of DAVID MORAN SA, DURANES, 6 - 29200 ANTEQUERA (MÁLAGA).

Complaints and Online Dispute Resolution

Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made through the following contact information:

Postal: DAVID MORAN SA, DURANES, 6 - 29200 ANTEQUERA (MÁLAGA) Phone: 645 121 802 Email: amg@davidmoran.net

Online Dispute Resolution

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without resorting to the courts of justice, through the intervention of a third party called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

Force Majeure

The parties shall not incur any liability for any failure due to force majeure. The performance of the obligation will be suspended until the cessation of the force majeure event.

Competence

The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale. If any provision of these conditions is considered null or unenforceable, the validity, legality, and compliance of the rest will not be affected in any way, nor will they be modified in any way. The USER declares that they have read, understood, and accepted these Conditions in their entirety.

General Offer Terms

All sales and deliveries made by the PROVIDER shall be subject to these Conditions. No modification, alteration, or agreement contrary to the Commercial Proposal of DAVID MORAN SA or to what is stipulated herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these specific agreements shall prevail.

General Offer Terms

The prices indicated for each product or service include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, or any other additional services related to the purchased product. The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER understands that the economic valuation of some products may vary in real time. Before making the purchase, you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed. Once the order is placed, the prices will be maintained whether the products are available or not. Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the business name provided at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the website's management panel with the user account. If you wish to receive it by email, you must request it through any of the means provided by the PROVIDER, being informed that you can revoke this decision at any time. For any information regarding the order, the USER can contact the PROVIDER's customer service phone number at 645 121 802 or via email at amg@davidmoran.net.

Shipping Costs

Payment Methods, Charges, and Discounts

Purchase Process

Any product from our catalog can be added to the shopping cart. In the shopping cart, you will only see the items, quantity, price, and total amount. Once the cart is saved, taxes, charges, and discounts will be calculated based on the entered payment and shipping information. The shopping carts do not have any administrative connection; they are only a section where you can simulate a quote without any commitment from both parties. From the shopping cart, you can proceed with the order by following the following steps for its proper formalization:

Verify billing information.
Check the shipping address.
Select the payment method.
Place the order (make the purchase). Once the order is processed, the system will instantly send an email to the PROVIDER's management department and another email to the USER's email confirming the order.

Orders (purchase requests)

Prior to order confirmation, information will be provided regarding the order status and the estimated shipping and/or delivery date.

Disassociation and Suspension or Termination of the Contract

If any of these terms and conditions are deemed illegal, void, or unenforceable for any reason, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions. The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any applicable legal provision, license, regulation, directive, code of practice, or policies. When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power, or remedy that may be available to the PROVIDER.

Guarantees and returns

Governing Law and Jurisdiction