General conditions

GENERAL CONDITIONS

Ownership of the


domain https://www.5lunas.net

In compliance with the provisions of Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce (LSSICE), the following legal aspects are reported:

• Responsible for the website: Juan Antonio Vergara Soto
• Contact Address: Calle Tulipán, 8 Bajo C 29651 Mijas Costa (Málaga)
• Contact Email: 5lunas@5lunas.net
• Phone: +34 662130620
• Tax Data: D:N:I: 31629336-N

Purpose and scope of application.

This Policy shall apply:

• To those who visit and interact with the website www.5lunas.net
• To people who voluntarily communicate with 5 Lunas Producciones through email, telephone, forms, social networks, postal mail, SMS or any other means of contact established by the company for this purpose.
• To those who request information about products and services or who request to participate in any of the commercial actions of 5 Lunas Producciones
• To those who formalize a contractual relationship with 5 Lunas Producciones through the contracting or purchase of its products and services.
• To those who, directly or indirectly, have communicated their data and given their express consent for said data to be processed by 5 Lunas Producciones for any of the purposes included in this Policy.
• It is necessary to expressly accept this Policy for the use of the products and services of 5 Lunas Producciones.

Unless legal representation or empowerment, the data provided must be personal data, corresponding to your own identity, adequate, relevant, current, accurate and true, being the user and / or client solely responsible for any direct or indirect damage caused to third parties or to 5 Lunas Producciones for the use of data of another person or their own data when they are false, erroneous, not current, inadequate or not relevant. Likewise, the user and / or client who communicates the personal data of a third party will be responsible for having obtained the corresponding authorization from the interested party, as well as its consequences otherwise.

The user and / or client who communicates personal data to 5 Lunas Producciones declares to be of legal age, in accordance with the provisions of Spanish legislation. Any data provided about a minor will require the consent or prior authorization of their parents, guardians or legal representatives, who will be considered responsible for the data provided by the minors in their care.

Information provided on the web.

We reserve the right to make, at any time and without prior notice, modifications and updates of the information contained in the Web, the configuration and presentation of it, the conditions of access, contracting conditions. etc.

The company responsible for the Web does not guarantee the absence of interruptions or errors in accessing the page or its content, nor that it is updated or free of viruses or any other element in which they may cause alterations in your computer system.

The owner of the website will not be liable for any consequence, damage or harm that may arise from the non-consensual use of the information contained therein or those derived from the services and opinions made by third parties.

It is reported that Cookies are used on this page to facilitate navigation, if the user does not wish, you can configure your browser so that such a thing does not happen.

Intellectual and industrial property.

The texts, images, logos, distinctive signs, sounds, animations, videos, source code and other content included in this website are the property of 5 Lunas Producciones, or it has, where appropriate, the right to use them, and in this sense they stand as works protected by current intellectual and industrial property legislation.

Any transmission, distribution, reproduction or storage, total or partial, of the contents stored on this website, is expressly prohibited unless prior and express consent of the owner. However, users may carry out the reproduction or storage of the contents of the website for their exclusive personal use, being expressly and strictly prohibited the reproduction of elements or contents of this website, made for profit or commercial purposes.

Responsibility of 5 Lunas Producciones

The products presented on the website are in accordance with Spanish legislation. The responsibility of 5 Lunas Producciones cannot be invoked in the case of products that do not comply with the legislation of the countries to which they may have been sent based on the customer’s order. It is therefore up to customers outside Spain to verify the possibility of importing or using the products they request.

Access to the website will be voluntary, and, therefore, the responsibility of the user, who will be responsible for any direct or indirect effect that the use made of the website is derived, including, but not limited to, any adverse economic, technical and / or legal result, as well as the disappointment of the expectations generated by our website, obliging the user to hold 5 Lunas Producciones harmless for any claims derived, directly or indirectly from such facts.

5 Lunas Producciones is not responsible for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational functioning of this electronic system or in the devices and computer equipment of the users, motivated by causes beyond 5 Lunas Producciones, which prevent or delay the provision of services or navigation through the store, nor of delays or blockages in the use caused by deficiencies or overloads of the Internet or in other electronic systems, nor of the impossibility of providing the service or allowing access for reasons not attributable to 5 Lunas Producciones, due to the user, third parties, or cases of force majeure.

5 Lunas Producciones does not control, in general, the use that users make of the web. In particular, 5 Lunas Productions. does not respond in any case that users use the website in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so diligently and prudently.

Obligations of customers and users.

In general, the user undertakes to comply with these general conditions, as well as to comply with the special warnings or instructions for use contained therein or on the website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the website in any way that may prevent, damage or deteriorate the normal functioning of the same, the goods or rights of 5 Lunas Producciones, its suppliers, the rest of users or in general of any third party. It is forbidden to access and use the portal to minors without the express consent of their parents. 5 Lunas Producciones is not responsible for the veracity and accuracy of the data filled in by the user and therefore cannot verify the age of the same.

Specifically, and without implying any restriction to the previous section during the use of the website https://www.5lunas.net the user undertakes to:

1. Provide truthful information about the data requested in the user registration form or placing the order, and keep them updated.
2. Not to introduce, store or disseminate on or from the web, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the current regulations.
3. Not to introduce, store or disseminate through the page of the store any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the web, in any of the services, or in any of the equipment, systems or networks of 5 Lunas Producciones, of any other user, of the suppliers of 5 Lunas Producciones or in general of any third party.
4. Diligently save the “username” and “password” that is provided by 5 Lunas Producciones, assuming responsibility for damages that may arise from the improper use thereof.
5. Not to carry out advertising or commercial exploitation activities through the web, and not to use the contents and information thereof to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties.
6. Not to use false identities, or impersonate the identity of others in the use of the web or in the use of any of the services thereof, including the use, where appropriate, of passwords or access codes of third parties or in any other way.
7. Not to destroy, alter, use for use, disable or damage the data, information, programs or electronic documents of 5 Lunas Producciones, its suppliers or third parties.
8. Not to introduce, store or disseminate through the page of the store any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.

The customer undertakes to enable the delivery of the requested order by providing a delivery address where the requested order can be delivered within the usual hours of delivery of goods. In case of breach by the customer of this obligation, 5 Lunas Producciones will have no responsibility for the delay or impossibility of delivery of the order requested by the customer.

Privacy and protection of personal data.

Data Protection and your privacy is a matter of top priority for us, so we have adapted our Privacy Policy to the legislation in force throughout Europe regarding Data Protection.

Our company declares to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement thereof.

We inform you that we have implemented the necessary technical and organizational security measures to guarantee and protect the confidentiality and integrity of your data and will be treated in a lawful, loyal and transparent manner, collected for the specific, explicit and legitimate purposes explained in this Privacy Policy and under your consent to be treated. You have the right to withdraw your consent at any time.

Responsible for the treatment.

Responsible for the treatment: Juan Antonio Vergara Soto

Address: CalleTulipán, 8 Bajo C 29651 MIjas Costa (Málaga)

Techephone: 662130620

Email: 5lunas@5lunas.net

Purpose of the treatment.

• Carrying out commercial procedures.
• Sending documentation and commercial advertising information of your interest about our products and services, activities, promotions, news, news or informative communications.
• Respond to inquiries and to provide information requested by the user / client.
• Provision of services and sales management to users/customers
• Use data to contact the user / client for advertising purposes, holding sweepstakes, contests or request for opinion, surveys and commercial and quality control actions.
• Performing profile and usability analysis for commercial and statistical use.
• Personnel selection processes, when the user expresses interest and requests participation.
• The data of customers and suppliers will be processed in compliance with the administrative, fiscal, accounting and labor obligations necessary according to legislation
• Maintenance of historical records of commercial relations, unless the user and / or client expressly states their elimination.
• Notifications of relevant modifications to the privacy policy, legal notice or cookies policy.
• For other purposes such as specific conditions, they are expressly accepted by the user / client.

You can request the revocation of your consent by sending by email with the subject UNSUBSCRIBE to 5lunas@5lunas.net indicating the sender of your mail.

We will not process your personal data for any other purpose than those described above except by legal obligation, police investigation or judicial requirement.

Legitimation for the treatment.

The legal basis for the processing of the data is your consent granted at the time of marking the corresponding box enabled for this purpose.

Your data will be kept for the duration of the established commercial relationship and once it has been terminated indefinitely if its deletion is not requested and, in the case of customers, suppliers or labor personnel, at least, during the legal periods established in the legislation for the prescription of contractual obligations and in accounting and tax legislation.

In cases where there is a prior contractual relationship between the parties, the legitimacy for the development of administrative, fiscal, accounting and labor obligations that are necessary under current legislation will be the prior existence of the commercial relationship established between the parties.

Recipients.

We share your personal data with your consent as follows:

• With business partners and third-party vendors to fulfill our contractual obligations to you. They may not use your personal data other than to sell, provide and/or provide the products or services you have purchased.
• With third parties and suppliers necessary for the development of our commercial and administrative activity.
• To comply with court orders and government requests, or when necessary to support audit functions or other legal obligations
• To combat fraud or criminal activity, protect our rights, or as part of legal process affecting us.
• In response to a subpoena, or legal process, to the extent necessary to comply with such legal obligations.

We urge our business partners and unaffiliated third-party vendors to adopt and disclose the privacy policies. However, although we exchange personal data with vendors and business partners only for the purposes mentioned above, their use and further processing of personal data they have obtained from us and our European affiliates is governed by their own privacy practices and policies and is not under our control (except for use and processing by vendors and business partners who provide services to us). we, as described above). Where possible, we contractually restrict how your personal data is used by our vendors and business partners, including merchants, and aim to ensure that they do not use it for any purpose incompatible with those set out in this privacy statement.

In some cases set out above, we will transfer your personal data to a country outside the European Economic Area where the level of protection of the personal data you provide may not be considered to be the same as that in accordance with European law. In such cases, we apply appropriate safeguards, including contractual commitments authorised by the European Commission, on the recipients of the data, to ensure that there is adequate protection of your personal data.

Rights of interested persons.

As a user-interested, you can request the exercise of the following rights by sending an email to info@rockcd.es, indicating as in the subject: “Rights affected”, and attaching a photocopy of your ID, as indicated by law.

Keeping your personal data up to date helps ensure that we can respect your preferences and offer you the goods and services that are most relevant to you.

In accordance with applicable law, you may request access to any personal data we hold about you, to be updated, rectified, deleted personal data, to restrict our processing of your personal data and to provide you or a third party with a copy of certain personal data (right to “data portability”). You may also object to any of our uses of your personal data, as described in this policy, including our marketing activities.

As a user, you have the right to withdraw the consent given at any time. The withdrawal of consent shall not affect the lawfulness of the processing carried out before the withdrawal of consent.

As a user, you have the right to file your complaints and claims through our customer service department by the following means:

Phone 662130620, whatsapp 662130620 or through our e-mail 5lunas@5lunas.net

You also have the right to file a claim with the supervisory authority if you consider that your rights in relation to the protection of your data or your rights as a consumer/user-interested may have been violated. In this case, you can access the online dispute resolution platform of the European Union through the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES

Personal data we collect.

• Contact details (e.g. postal address, telephone, e-mail)
• Basic personal details (e.g. first and last name, date of birth or nationality)
• Authentication and identification information when web login is required
• Payment details, where there is a business relationship and it is necessary in economic transactions
• Analytics and other data collected from cookies and other data by interaction with the Website
• Information received from our business partners

Changes to this Privacy Policy

We reserve the right to modify this policy to adapt it to new legislation or jurisprudence.

Legislation.

For all purposes, the relations between 5 Lunas Producciones with the users, clients or interested parties of its products and services, are subject to Spanish legislation and jurisdiction to which the parties expressly submit.

Cookies.

We use cookies to provide a better service and to give you a better browsing experience.

Cookies and other similar technologies, such as local shared objects, flash cookies or pixels, are tools used by web servers to store and retrieve information about their users, in order to remember some data (for example: preferences in the display of the pages of that server, name, password, products that most interest you…).

There are different types of cookies: Analysis cookies are those that, well treated by us or by third parties, allow us to quantify the number of users and perform the measurement and statistical analysis of the use made of the product or service we offer. Social cookies are those necessary for social networks. Affiliate cookies allow tracking of visits from affiliate websites. Advertising and behavioral cookies collect information about user preferences, to learn about browsing habits and display advertising according to the browsing profile. Technical and functional cookies are those necessary for the use of the website.

Cookies are also classified as “Session Cookies” and “Persistent Cookies”. Session cookies are stored temporarily and are deleted when you close the browser window. Persistent cookies are stored on your device between browser sessions and are beneficial because they allow us to remember your preferences and activities while you are on the Site. The length of time these cookies are kept on your device will vary as it depends on the specific cookie used.

You can allow, block or delete cookies installed on your computer through the settings of the browser options you use:

• Internet Explorer
• Mozilla Firefox
• Google Chrome
• Safari

Disabling cookies means losing functionality and your experience on our website may be limited, preventing us from offering you personalized content according to your preferences. By enabling cookies we will be able to make recommendations and offers personalized to your tastes and interests and improve your security.

In compliance with Law 34/2002, of services of the information society, we remind you that by browsing this site you are accepting the use of the cookies listed above.

Neither this website nor its legal representatives are responsible for the content or accuracy of the privacy policies that third parties mentioned in this cookie policy may have.

Web browsers are the tools in charge of storing cookies and from this place you should exercise your right to eliminate or deactivate them. Neither this Web nor its legal representatives can guarantee the correct or incorrect handling of cookies by the aforementioned browsers.

In the case of Google Analytics cookies, this company stores cookies on servers located in the United States and undertakes not to share it with third parties, except in cases where it is necessary for the operation of the system or when required by law. According to Google it does not save your IP address. Google Inc. is a company adhered to the Safe Harbor Agreement which guarantees that all data transferred will be treated with a level of protection in accordance with European regulations.

Shipping Methods, Shipping Costs and Payment Methods.

To get the order to you in the most comfortable way and appropriate to your needs, we propose different shipping methods.

Correos 48/72 package

:

With the Paq 48/72 hours service of Correos you can receive the order at your home or place of work in the most comfortable, economical and safe way. Receipt is guaranteed by the signature of the recipient or an authorized person. If it cannot be delivered, the customer will be warned by means of a notice that he has 15 days to collect the shipment at the post office closest to his delivery address. Remember that being a personalized delivery, you need the signature of the recipient or whoever he authorizes to withdraw it. Likewise, it is necessary to present the D.N.I. when picking up your order at the corresponding office.

To the delivery time published on the web for each article, you must add 48-72 hours for the management of the shipment by Correos in the peninsula and the Balearic Islands, from 3 to 10 working days for the Canary Islands and approximately 15 working days for delivery in Europe and the rest of the world.

Shipments by agency 24 / 48 / 72 hours:

For orders with delivery 24/48/72 h. We will use the courier company that offers the best service. The courier can not make deliveries at times agreed with customers or on Saturdays, Sundays or holidays. In international deliveries, to these deadlines we must add those provided by the agency depending on the geographical area requested and that can be consulted on our website or through the help or consultation tools designed for this purpose.

The shipping and / or management costs are not included in the price and will be shown to you before finalizing your purchase, depending on the shipping address of each order. Shipping costs to the Canary Islands, Andorra, Ceuta, Melilla and areas not belonging to the European Customs Union do not include import costs (tariffs), which will be paid in cash at destination by the recipient of the goods.

The products are sent to the shipping address that you have indicated in the order. In the case of placing an order for several items with different availability, the delivery time will take into account the longest expected delivery. From your shopping cart you can select the type of shipment you want depending on the area and the delivery method you prefer.

For prices or services not indicated in these sections, you can ask us for this shipping information through the 662130620 phone number, in the whatsapp 662130620, or through the e-mail 5lunas@5lunas.net

The payment methods enabled in our shopping cart are:

Credit Card
, The transaction is always carried out on the platform designed for this purpose by the bank and Redsys. This type of operation has the necessary security measures to maintain a secure transaction at all times and avoid any type of data loss. At no time does 5 Lunas Producciones have access or information to these data that are collected through the bank. 5 Lunas Producciones subsequently receives, through the communications established by the payment platform, only the information necessary to send the order and in no case the confidential bank details relating to the customer.

PayPal
, The transaction is carried out on the platform enabled for this purpose by PayPal and communication and information is always made between the client and PayPal. 5 Lunas Producciones subsequently receives, through the communications established by the payment platform, only the information necessary to send the order and in no case the confidential bank details relating to the customer.

Bank
transfer, The client makes a bank transfer or a deposit in the account in the bank designated for this purpose by Juan Antonio Vergara Soto (5 Lunas Producciones) and that we detail below:

Caja Rural del Sur

Account No.: ES7731870850873168186819

In some cases, this form of payment may take 48 or 72 hours to be processed by the bank and may entail additional costs passed on by the bank and unrelated to 5 Lunas Producciones.

Placing the order.

To place an order it is necessary to connect to https://www.5lunas.net, and register as a user, completing the electronic form that appears at any time on the website of the store and following the instructions indicated therein. After registration, and to proceed with the purchase of products, you must add the product you wish to purchase to the basket, according to the indications on the screen, completing for this purpose the order form provided and validating it. The prices and offers presented on the website are valid only and exclusively for online orders made in https://www.5lunas.net. All prices published on our website include VAT.

The validation of the order by the customer expressly implies knowledge and acceptance of these general contracting conditions as part of the conclusion of the contract. By validating his order, the customer gives his consent to the possibility of receiving electronic invoices as set out in article 63.3 of the law amending the revised text of the General Law for the Defense of Consumers and Users and other complementary laws approved by Royal Legislative Decree 1/2007 of November 16). Likewise, the customer has the possibility of downloading this electronic invoice at any time by accessing his personal area within the orders section.

Unless proven otherwise, the data recorded by 5 Lunas Producciones, constitute proof of the set of transactions carried out between 5 Lunas Producciones and its customers.

Once the purchase has been made and in the shortest possible time, always within 24 hours of the execution of the purchase, the Customer Service of 5 Lunas Producciones, will send you by e-mail a proof of purchase.

Product availability.

The selection of products offered in https://www.5lunas.net, is valid as long as the products are visible on the web, with the limits of available stock. Being electronic commerce, the stock is updated online, so it could happen, eventually, that during the purchase process the stock is exhausted, not being able therefore in these cases, to continue with the purchase and sale initiated.

The deadlines are always calculated on working days -from Monday to Friday- since 5 Lunas Producciones does not carry out expeditions on holidays, Saturdays, or Sundays. The delivery times indicated are indicative. In the event that there is any stock break or punctual unavailability of an article 5 Lunas Producciones will contact you to notify you immediately and give you a new delivery time or, if it is not possible to serve you said product, proceed to its cancellation. In any case, a delay in delivery with respect to the indicated deadlines will not entitle the customer to demand any compensation.