The general shipping cost is €5.90

Shipping is free for orders over €50 within mainland Spain.

We ship to the Balearic Islands for a flat rate of €5.90

At the moment, we do NOT ship to the Canary Islands, Ceuta, or Melilla.

Shipping to Portugal costs €5.90 and is free for purchases over €50.

Orders received from the rest of the European Union have a flat rate of €15.

Contact us if you would like to receive your order outside the European Union.

The cost is the same as for any other product.

Free to mainland Spain and Portugal

€5.90 to the Balearic Islands

€15 to the rest of the EU countries

Online stock is directly connected to our inventory, so what you see online is in stock.

Items awaiting receipt or with a scheduled delivery for a later date will expressly state this in their description.

Although we strive to keep our inventory as up-to-date as possible, system errors may occur. In such cases, we will notify you as soon as possible and issue a refund that same day.

The delivery time for your order will depend on your location.

In Spain and Portugal, between 24/48 hours

Rest of the EU between 5 and 7 days.

Orders placed before 2:00 PM will usually be shipped the same day.

You have a period of 30 days from the receipt of your order to request a return.

Return/exchange conditions

-          Returned items must be unused and in their original condition with all tags attached.

-          The returned item must be in its original packaging. Otherwise, you may be charged €9.95, which will be communicated to you in advance through the same communication channel used.

-          The return number must be included to allow for its identification upon receipt.

Returns are free for the customer: we cover the return shipping costs.

In the case of products purchased with a discount, offer, or promotion, the return costs will be borne by the customer. The cost will be €9.95 for return shipments destined for the Peninsula and the Balearic Islands.

For international returns, the costs will be calculated based on the country of origin of the return and will be communicated to the customer before proceeding.

Returns within Spain:

Fill out the following form and you will receive your return label.

Please include the corresponding order number in the package so that we can identify it once we receive it.

GO TO FORM

International Returns

Fill out the following form and you will get your return label.

Please include the corresponding order number in the package so that we can identify it once we receive it.

GO TO THE FORM

Goods regulated by law

The Consumer Guarantees Law applies to private consumer movable goods, i.e., consumer goods: from a household appliance to a vehicle, including furniture, objects of all kinds, and even works of art. By definition, services and real estate are excluded.
The Law excludes sales between private individuals.

For new consumer goods, the warranty shall be two years, while for second-hand products, the warranty shall be one year. During the first six months of the warranty for a new product, it is presumed that the defect is from the factory and the seller must bear all repair costs, including parts, transport, and labor hours. The warranty period is suspended for the time the product or object is under repair.

Product in good condition

The law considers that a consumer should be satisfied with the purchased product if it meets the following requirements: the product must match the description given by the seller and possess the qualities manifested through a demonstration or model. It must also serve the purpose indicated in the instruction manual, in verbal indications made by the seller, or in a demonstration video. Advertising, indications appearing on a label, or use derived from the product's own characteristics also serve as habitual use. Furthermore, if the consumer has requested a special use and the seller has assured them that the acquired good will provide it, this must be the case. Additionally, the purchased product must exhibit appropriate quality and performance. Thus, a pressure cooker should cook faster than a traditional pot.

Application of the Law

The Law binds sellers of consumer goods on one hand, and consumers as end users on the other. That is to say, contracts between private individuals are excluded, as the law only covers sales between a professional seller and a consumer.

It applies whenever a consumer good is purchased, that is, any object or product for private consumption. Goods acquired in a judicial sale (auction of confiscated goods) are excluded. The distribution of water or gas not packaged for sale is also not subject to this law.

Claims in case of product failure

The primary party responsible for the product is the seller. However, the consumer may go directly to the manufacturer or importer if going to the seller involves an undue burden. For example, if a digital camera is purchased while on vacation far from home and it does not meet the store's claims, it is easier for the consumer to go to the manufacturer or importer than to the establishment where it was purchased.
In the event that the product does not meet the advertised characteristics, the consumer may choose between repair or replacement of the good, unless this proves impossible or disproportionate. If repair or replacement is not possible, or proves disproportionate, the consumer may opt for an appropriate reduction in price or for the termination of the contract, i.e., a refund of the price.

The consumer may not demand replacement in the case of second-hand goods or goods that are impossible to replace. For example, replacement cannot be demanded if the good is no longer manufactured or there is no stock left; if a second-hand vehicle is purchased; nor, due to the impossibility involved, can a work of art, an antique, or an exclusive clothing design be replaced. Replacement will be disproportionate in the case of a minor defect that is easy or simple to repair. Repair will be disproportionate when it is uneconomical, i.e., the cost of repair exceeds the value of the good.

Claim periods

The consumer must report the failure within two months of detecting it. In this sense, if the problem has appeared within six months after the purchase of the product, the seller must honor the warranty, since during that period it is assumed that the problem is factory-related. However, if those six months have passed, it is the consumer who must prove that the defect is original and has not been caused by misuse of the product.

The Law establishes that during the six months following the delivery of the repaired good, the seller shall be liable for the faults that prompted the repair, and it is presumed to be the same fault if defects of the same origin as those initially repaired recur. To enforce this repair warranty, the consumer must keep the proof of repair and the technical service record of when the product was repaired.

Failure after repair or replacement

The Law includes these possibilities: If the consumer chose to replace a faulty product with another identical one, they may request the seller to repair it, provided it is not disproportionate, to reduce the price, or to refund the money. On the other hand, if repair was chosen for a product failure, the consumer may demand an exchange, a price reduction, or a full refund of the money paid.
However, the Law does not specify the amount or the type of price reduction the seller must provide to the consumer if that is the chosen option. Thus, the two parties involved in the sale are obliged to reach agreements that satisfy both.

Refusal to repair, reduce the price, or refund the money

If we are within the first six months, one must demand the repair and request a Complaint Form, insisting even to the point of going to court. It is presumed that the defect existed. But if the first six months have already elapsed, the situation is reversed. It is the consumer who must prove that the product was purchased with the defect.

In any case, the consumer will have to negotiate, and if they do not agree with the reduction offered by the seller, they can go to an appraiser to determine the product's value after the repair and request a price reduction based on that.

Instruction manual and poor installation

If a consumer misuses a product because the instruction manual is incorrect, the guarantee law protects the consumer, and they may demand repair or replacement. Likewise, if the failure is caused by poor installation resulting from erroneous manual instructions or by technicians sent by the seller, the latter is also responsible.

In case of repair or transport to a technical service, what must the consumer pay?

Nothing. During the period when the warranty is effective, the seller or producer must cover the cost of travel, parts, and repair time. Furthermore, while the product remains at the technical service, the warranty period is suspended. That is, the clock stops. On the other hand, aside from demanding the application of the warranty (repair, exchange, price reduction, or refund), the consumer may demand compensation for damages resulting from the breakdown and the repair time. For example, if a user purchases a refrigerator and it breaks down a week after purchase, in addition to requesting that the warranty be honored, the user may demand compensation for food that has spoiled due to the appliance's malfunction.

Commercial warranty

The commercial warranty is that which the manufacturer, distributor, or seller provides, and it must always exceed that offered by the law, as the latter is understood as a minimum requirement for the consumer. It is also a marketing tool for companies. However, this warranty must meet certain requirements, such as making clear what it applies to, the object or product covered by said warranty, and the name and address of the provider.

Introduction

This contractual document shall govern the General Terms and Conditions of sale for products (hereinafter, "Terms") via the website https://www.coresurfingshop.com/, owned by CORESURFING S.L. under the trade name CORESURFING, hereinafter the PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Terms shall remain published on the website at the disposal of the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by CORESURFING S.L. It is the USER's responsibility to read them periodically, as those in force at the time of placing an order shall apply. CORESURFING S.L. will archive the electronic document where the purchase is formalized and will make it available to the USER upon request.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

·         Has read, understands, and comprehends what is set forth herein.

·         Is a person with sufficient capacity to enter into a contract.

·         Assumes all obligations set forth herein.

These terms shall have an indefinite period of validity and shall be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible for and aware of the current legislation of the countries to which it ships products, and reserves the right to unilaterally modify the conditions, without this affecting goods or promotions acquired prior to the modification.

Identity of the contracting parties

On one hand, the PROVIDER of the products contracted by the USER is CORESURFING S.L., with registered office at Calle Santo Domingo de la Calzada, 6 - 15701 Santiago de Compostela (A Coruña), Tax ID B70468285, and customer service telephone number 981 069 037.

On the other hand, the USER, registered on the website via a username and password, for which they are fully responsible for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual relationship of sale established between the PROVIDER and the USER at the moment the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.

Rectification of data

When the USER identifies errors in the data published on the website or in documents generated by the contractual relationship, they may notify it to the email info@coresurfingshop.com so that CORESURFING S.L. can correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must provide the required 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 natural persons with regard to the processing of personal data and on 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 shall select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of them or potential access by an unauthorized third party, so that the PROVIDER may proceed to their immediate blocking.

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 these steps:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
6. Competence.
7. General offer details.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, costs, and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Except for particular stipulations in writing, placing an order with the PROVIDER implies the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not ship any order until it has verified that payment has been made.

Merchandise shipments will usually be made via EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.

Shipment will be effected once the availability of the merchandise has been confirmed and the payment of the order verified.

The delivery time will be between 2 and 6 business days, depending on the destination and the chosen payment method. The expected date of shipment and delivery will be provided prior to order confirmation.

Non-execution of the distance contract

In the event that the contract cannot be executed because the contracted product or service is not available within the expected period, the USER will be informed of the lack of availability and that they will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER being derived from this.

In case of unjustified delay on the part of the PROVIDER regarding the refund of the total amount, the USER may claim payment of double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.

The PROVIDER shall assume no responsibility when the delivery of the product or service fails to take place because the data provided by the USER are false, inaccurate, or incomplete.

Delivery shall be considered completed at the moment the carrier has made the products available to the USER and the latter, or their representative, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple statement, demand the correction of said lack of conformity, a reduction in the price, or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.

It is the USER's responsibility to verify the products upon receipt and to express all reservations and claims that may be justified on the delivery receipt document.

In the event that the contract does not entail the physical delivery of any product, but rather a download activation on a website, the PROVIDER will previously inform the USER regarding the procedure to follow to carry out this download.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://www.coresurfingshop.com/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 if it is a service provision, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period (Article 103 of Legislative Royal Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws).

The right of withdrawal shall not be applicable (Art. 103 RDL 1/2007, of November 16) to contracts referring to:

a) The provision of services, once the service has been fully executed, when execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by the entrepreneur, they will have lost their right of withdrawal.

b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and which may occur during the withdrawal period.

c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.

d) The supply of goods that may deteriorate or expire rapidly.

e) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

f) The supply of goods which, after their delivery and taking into account their nature, have been inseparably mixed with other goods.

g) The supply of alcoholic beverages whose price has been agreed at the time of concluding the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.

h) Contracts in which the consumer and user has specifically requested the entrepreneur to visit them to carry out urgent repair or maintenance operations; if, during that visit, the entrepreneur provides services in addition to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal must apply to said additional services or goods.

i) The supply of sealed sound or video recordings or sealed computer software that have been unsealed by the consumer and user after delivery.

j) The supply of daily newspapers, periodicals, or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts concluded at public auctions.

l) The supply of accommodation services for purposes other than serving as housing, transport of goods, car rental, food, or services related to leisure activities, if the contracts provide for a specific date or period of execution.

m) The supply of digital content not provided on a material medium when execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently they lose their right of withdrawal.

Any return must be communicated to the PROVIDER within 15 days following the receipt of the product, requesting a return number using the form provided for this purpose, or by email to info@coresurfingshop.com, indicating the corresponding invoice or order number.

Once the USER has made the return request, the courier company will proceed to collect the package on the date and at the place indicated in the form; the USER must attach the return number to the package for subsequent identification, and the PROVIDER will assume the cost of the return.

In the event that the return is not made with the original delivery packaging, the PROVIDER may charge a cost of €9.95 to the USER, informing them of this beforehand through the same communication channel used.

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaint that the USER deems appropriate will be handled as soon as possible and may be directed to the following contact addresses:

Postal: CORESURFING S.L., Calle Santo Domingo de la Calzada, 6 - 15701 Santiago de Compostela (A Coruña)
Phone: 981 069 037
E-mail: info@coresurfingshop.com

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the online resolution of conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both. 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/

5. FORCE MAJEURE

The parties shall not incur liability for any failure due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

6. COMPETENCE

The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.

If any stipulation of these conditions were considered null or impossible to fulfill, the validity, legality, and fulfillment of the rest shall not be affected in any way, nor suffer modification of any kind.

The USER declares to have read, understood, and accepted these Conditions in their entirety.

7. GENERAL OFFER DETAILS

All sales and deliveries made by the PROVIDER shall be understood as being subject to these Conditions.

No modification, alteration, or agreement contrary to the Commercial Proposal of CORESURFING S.L. or to what is stipulated herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case these particular agreements shall prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, or any other additional services and annexes to the product purchased.

The prices applicable to each product are those published on the website and will be expressed in EUROS. The USER acknowledges that the economic valuation of some of the products may vary in real time.

Before making the purchase, you can check all the details of the quote online: items, quantities, price, availability, transport 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 there is product availability or not.

Every payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided at the time of placing the order. This invoice can be downloaded in PDF format by accessing the website's management panel with the user account. If you wish to receive it via email, you must request it through any of the means that the PROVIDER makes available to you, and you are informed that you may revoke this decision at any time.

For any information regarding the order, the USER may contact the PROVIDER's customer service telephone number 981 069 037 or via email at info@coresurfingshop.com.

9. SHIPPING COSTS

The prices published in the store do not include shipping or communication costs, nor installation or download costs, or complementary services, unless expressly agreed in writing otherwise.

Shipping costs will be calculated at the time of saving the basket or quote, as they are calculated based on the weight of the products and the delivery address.

The maximum shipping rate (VAT included) applied is as follows:

Spanish Peninsula: General rate €5.90. Free shipping on purchases over €40 (except for items with special dimensions)

Balearic Islands: €5.90

Portugal: General rate €5.90. Free shipping on purchases over €40 (except for items with special dimensions)

Other EU countries: General rate €15

*We do not ship to the Canary Islands, Ceuta, and Melilla.

10. PAYMENT METHODS, CHARGES, AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following ways to make payment for an order:

·         Credit card

·         Pay Pal

·         Bank transfer

·         APLAZAME (INSTALLMENT PAYMENT METHOD)

The USER may use a discount coupon at the moment prior to completing the purchase if they have received one from the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these ends, the user/customer accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to permit any transaction that is considered illegal by credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or influence them negatively.

By virtue of card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder(s) is prohibited.

11. PURCHASING PROCESS

Any product from our catalog can be added to the cart. In the cart, only the items, quantity, price, and total amount will be displayed. Once the cart is saved, charges and discounts will be calculated based on the payment and shipping details provided.

Carts carry no administrative obligation; they are merely a section where a quote can be simulated without any commitment from either party.

From the cart, an order can be placed by following the steps below for its proper formalization:

1. - Verification of billing details.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Placing the order (purchasing).

Once the order has been processed, the system will instantly send an email to the PROVIDER's management department and another to the USER's email confirming that the order has been placed.

Orders (purchase requests)

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

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF CONTRACT

If any of these terms and conditions are considered illegal, void, or for any reason unenforceable, that condition shall be considered 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 and training, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice, or policies applicable to them.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power, or remedy that may be available to the PROVIDER.

13. WARRANTIES AND RETURNS

The warranty for the products offered shall comply with the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws:

Article 114. General principles.

The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to them for any lack of conformity that exists at the time of delivery of the product.

Article 115. Scope of application.

1. Included in the scope of this title are contracts for the sale of products and contracts for the supply of products that are to be produced or manufactured.

2. The provisions of this title shall not apply to products acquired through judicial sale, to water or gas when not packaged for sale in a limited volume or specified quantity, and to electricity. Nor shall it apply to second-hand products acquired at an administrative auction which consumers and users may attend in person.

Article 116. Conformity of products with the contract.

1. Unless proven otherwise, products shall be understood to be in conformity with the contract provided they meet all the requirements expressed below, unless the circumstances of the case render any of them inapplicable:

a) They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.

b) They are fit for the purposes for which products of the same type are ordinarily intended.

c) They are fit for any special use required by the consumer and user when they have made it known to the seller at the time of the conclusion of the contract, provided that the seller has accepted that the product is fit for such use.

d) They present the quality and performance usual in a product of the same type that the consumer and user can reasonably expect, given the nature of the product and, where appropriate, public statements about the specific characteristics of the products made by the seller, the producer, or their representative, particularly in advertising or labeling. The seller shall not be bound by such public statements if they demonstrate that they were unaware of and could not reasonably be expected to know the statement in question, that said statement had been corrected at the time of the conclusion of the contract, or that said statement could not have influenced the decision to purchase the product.

2. A lack of conformity resulting from an incorrect installation of the product shall be equivalent to a lack of conformity of the product when the installation is included in the contract of sale or supply regulated in Article 115.1 and has been carried out by the seller or under their responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.

3. There shall be no liability for lack of conformity that the consumer and user knew or could not reasonably have been unaware of at the time of the conclusion of the contract, or that originates from materials supplied by the consumer and user.

Article 117. Incompatibility of actions.

The exercise of the actions contemplated in this title shall be incompatible with the exercise of actions derived from liability for hidden defects in the sale.

In any case, the consumer and user shall have the right, in accordance with civil and commercial legislation, to be compensated for damages and losses derived from the lack of conformity.

Article 118. Liability of the seller and rights of the consumer and user.

The consumer and user has the right to the repair of the product, its replacement, a price reduction, or the termination of the contract, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product.

1. If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or the replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicates the chosen option to the seller, both parties must abide by it. This decision by the consumer and user is without prejudice to the provisions of the following article for cases where repair or replacement fail to bring the product into conformity with the contract.

2. A form of remedy shall be considered disproportionate if, compared to the other, it imposes costs on the seller that are unreasonable, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative remedy could be carried out without significant inconvenience to the consumer and user.

To determine if the costs are unreasonable, the expenses corresponding to one form of remedy must, additionally, be considerably higher than the expenses corresponding to the other form of remedy.

Article 120. Legal regime for the repair or replacement of the product.

Repair and replacement shall be subject to the following rules:

a) They shall be free of charge for the consumer and user. This free nature shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.

b) They must be carried out within a reasonable period and without significant inconvenience to the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.

c) The repair suspends the calculation of the time periods referred to in Article 123. The suspension period shall begin from the moment the consumer and user makes the product available to the seller and shall conclude with the delivery to the consumer and user of the repaired product. During the six months following the delivery of the repaired product, the seller shall be liable for the lack of conformity that motivated the repair, it being presumed to be the same lack of conformity when defects of the same origin as those initially manifested reappear in the product.

d) If, after the repair is completed and the product is delivered, it remains not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, a price reduction, or the termination of the contract under the terms provided in this chapter.

e) The replacement suspends the time periods referred to in Article 123 from the moment the consumer and user exercises the option until the delivery of the new product. In any case, Article 123.1, second paragraph, shall apply to the replacement product.

f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, a price reduction, or the termination of the contract under the terms provided in this chapter.

g) The consumer and user may not demand replacement in the case of non-fungible products, nor when it concerns second-hand products.

Article 121. Price reduction and termination of the contract.

Price reduction and termination of the contract shall proceed, at the choice of the consumer and user, when they are unable to demand repair or replacement and in cases where these have not been carried out within a reasonable period or without significant inconvenience to the consumer and user. Termination shall not proceed when the lack of conformity is of minor importance.

NOTE according to art. 108.2: The USER is informed that they will only be liable for any diminished value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics, or functioning. In no case shall they be liable for the diminished value of the goods if the entrepreneur has not informed them of their right of withdrawal in accordance with Article 97.1.i).

Article 122. Criteria for price reduction.

The price reduction shall be proportional to the difference existing between the value the product would have had at the time of delivery had it been in conformity with the contract and the value the product actually delivered had at the time of said delivery.

Article 123. Time periods.

1. The seller is liable for any lack of conformity that becomes apparent within a period of two years from delivery. For second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.

Unless proven otherwise, it shall be presumed that any lack of conformity that becomes apparent within the six months following the delivery of the product, whether new or second-hand, already existed when the item was delivered, except when this presumption is incompatible with the nature of the product or the character of the lack of conformity.

2. Unless proven otherwise, delivery is understood to have been made on the day appearing on the invoice or purchase receipt, or on the corresponding delivery note if it is later.

3. The seller is obliged to provide the consumer or user who exercises their right to repair or replacement with documentary justification for the delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right.

Likewise, together with the repaired or replaced product, the seller shall deliver to the consumer or user documentary justification of the delivery, stating the date thereof and, where appropriate, the repair performed.

4. The action to claim compliance with the provisions of Chapter II of this title shall expire three years from the delivery of the product.

5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this period shall not result in the loss of the corresponding right to remedy, with the consumer and user, however, being responsible for any damages or losses effectively caused by the delay in communication.

Unless proven otherwise, the communication from the consumer and user shall be understood to have taken place within the established period.

Article 124. Action against the producer.

When it is impossible or represents an excessive burden for the consumer and user to address the seller due to the lack of conformity of the products with the contract, they may claim directly from the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the fact that the producer's liability shall cease, for the purposes of this title, within the same time periods and conditions as those established for the seller, the producer shall be liable for the lack of conformity when it refers to the origin, identity, or suitability of the products, in accordance with their nature and purpose and the regulations governing them.

Anyone who has been held liable to the consumer and user shall have a period of one year to seek recourse against the party responsible for the lack of conformity. Said period shall be calculated from the moment the remedy was completed.

14. GOVERNING LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish legislation in matters not expressly established. Any dispute that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of performance of the obligation, or where the property is located if it is real estate.