Terms and conditions

1 / Definitions

• These general terms and conditions of sale comprehensively regulate all sales transactions that may be offered on the website www.tcuido.es, owned by Tcuido Servicios Integrales a la Dependencia, SL (hereinafter Tcuido), with Tax Identification Number or Code nº B44776664, registered office at C/ Benito León, 23 – local 1 and registered in the commercial register nº: M4205577.
• These terms and conditions may be modified by Tcuido at any time, and the user will be informed of the existence of any new version of these that contains substantial changes.
• This document (as well as all other documents mentioned herein) regulates the conditions governing the use of the website www.tcuido.es and the purchase or acquisition of services on it.
• In addition to reading these Conditions, before accessing, browsing and/or using this website, the user must have read the Legal Notice and the General Conditions of Use, including the cookie policy and the privacy and data protection policy.
• By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Website.
• Likewise, please be advised that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those in force at the time the acquisition of the services is requested will apply.
• For any questions the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above.

2 / Sales channels

Tcuido markets its products and services through the following sales channels:

• Website www.tcuido.es.

3 / The user

• Access, navigation and use of the Website confers the status of user, and therefore, from the moment you begin browsing the Website, you accept all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
• The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

1. Use this Website only to make legally valid inquiries and purchases or acquisitions. 
2. Do not make any false or fraudulent purchases. 
3. Provide true and legal contact information, such as email address, postal address or other information.
4. The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
5. The Website is primarily intended for Users residing in Spain. Tcuido does not guarantee that the Website complies with the laws of other countries, either in whole or in part.

4 / Applicability of the general conditions

These Conditions shall apply to:

1. Consumers who purchase products or services for personal use, but in no case for persons who hold the status of entrepreneur or professional.

• Final Consumers shall be considered to be all those who do not act as professionals and/or entrepreneurs with a commercial, business or professional purpose.

5 / Object

• The purpose of these conditions is to regulate the contractual terms for the purchase of products, the compensation owed by the user to Tcuido, as well as the use of the service by the user.

6 / Conditions of access and purchase

• Access to the Tcuido Portal is free and grants the person who does so the status of User, regardless of the subsequent use of the services offered.
• The User must register in order to purchase from our store by filling out a form, which will involve assigning personal credentials consisting of a unique identifier (which will be the email address) and a password, the preservation and safekeeping of which will depend exclusively on the User, who must operate with them with due diligence. Therefore, the User will not use passwords other than his/her own, in order to impersonate other Users when using www.tcuido.es. 
• The acquisition of products on the website www.tcuido.es may only be made by users over eighteen (18) years of age, who must follow the steps and instructions that will accompany the entire purchasing process, consisting, by way of example only:

i) Completion of the registration form or the identification form for previously registered users;

ii) On-screen display of the order summary, delivery conditions and shipping costs – if applicable;

iii) Acceptance of the purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of these General Conditions, as well as, where applicable, the existing Specific Conditions.

7 / Orders through the web

• No valid order may be placed without expressly accepting, through the boxes enabled for this purpose, the terms and conditions and privacy policy of Tcuido.
• All orders will be considered purchase offers subject to these terms and conditions. Tcuido reserves the right to accept them if the requirements set forth herein are not met.
• Once an order has been placed, the system automatically generates a receipt for the receipt of the order. However, this confirmation does not automatically imply acceptance of the order, since Tcuido reserves the right to collect additional information related to identity and address to guarantee both correct delivery of the order and to ensure that there is no fraud related to the transactions.
• Orders can be placed 365 days a year, at any time, except when the service is suspended for maintenance or other commercial circumstances and/or force majeure.
• Any order is subject to product availability. In the event that it is not possible to deliver an order due to supply problems or insufficient stock, the user will have the option of waiting until the product is available or cancelling the order.

8 / Delivery

• Delivery service is included, which will be carried out by an external transport company that will make deliveries on behalf of Tcuido and will track orders with the relevant security and control measures. The delivery service includes:

    – Home delivery.

    – Shipping to an authorized point of sale.

    – Pick up in store.

• Delivery will be deemed to have taken place at the time when the user or a third party indicated by him acquires material possession of the products.
• The delivery time for the order will vary depending on the shipping method selected and will be indicated on the website once the order confirmation is obtained. In any case, it will not exceed 30 days from the date of order confirmation. In the event that the delivery date cannot be met, we will inform the user of this circumstance and will offer them the option of continuing with the purchase by setting a new delivery date or the possibility of cancelling the order and obtaining a full refund of the price paid.
• If the recipient is absent at the time of delivery, a notice will be left so that the recipient can collect the shipment at the place and within the time indicated. After the deadline has elapsed without collection taking place, the shipment will be returned to Tcuido.
• Orders are always shipped at the user/customer's expense and risk. Any additional costs not included in our rates (sea packaging, special unloading methods, shipments by baggage regime, air, etc.) will always be at the user/customer's expense and risk.

9 / Price

• It is understood that the price of each product is the one marked on the product available in the establishment that appears on the website at the time of placing each order. The user must pay the marked price, including applicable taxes, together with shipping costs, which will be added to the final price to be paid. 

10 / Payment

• Payment for the order by the customer will be made immediately, unless the parties have made other agreements on this or a different payment term is indicated on the invoice.
• Payment terms are considered strict. This means that if the customer has not paid the agreed amount by the last day of the term, he or she will be considered in default and in arrears by law, without Tcuido having to send the customer a reminder or notice of default.
• Tcuido reserves the right to make a delivery subject to immediate payment or to require a guarantee for the total amount of the services or products.
• Furthermore, a delay in payment of more than one month or the temporary suspension of services on two occasions due to late payment will entitle Tcuido to definitively interrupt the services and the corresponding termination of the contract, upon prior notification 15 days in advance, and may request, where appropriate, compensation for early cancellation of these General Conditions and payment of any damages that may be caused as a result of non-compliance.

11 / Payment methods

• The accepted payment methods are:

2. Payment by credit or debit card. We reserve the right NOT to accept certain payments with certain credit cards.
3. Payment via PayPal.

4. Ordinary bank transfer. 

• Tcuido reserves the right to change the payment methods, and may create new ones or eliminate existing ones, without the user/customer of www.tcuido.es being able to make claims for this reason. However, if the change in the payment method affects an order already placed, www.tcuido.es will contact the user/customer to inform them of this change, offering them the option of cancelling the order if they consider it appropriate.
• Payment by credit/debit card: The charge is made online, that is, in real time, through the payment gateway of the corresponding financial institution and once it has been verified that the data communicated are correct. In order to provide maximum security to the payment system, Tcuido uses secure payment systems from leading financial institutions in electronic commerce. In this sense, confidential data is transmitted directly and in encrypted form (SSL) to the corresponding financial institution. The SSL encryption system used provides total security for the transmission of data over the network. User/customer data enjoys total confidentiality and protection. Credit card data is not recorded in any of our databases. They are only used in the virtual POS (Point of Sale Terminal) of the financial institution of the commercial name, through its Secure Payment Gateway. Credit cards are subject to verification and authorisation by the issuing entity, but if the entity does not authorise payment, Tcuido is not responsible for any delay or lack of delivery and will not be able to enter into any Contract with the user/customer. Tcuido reserves the right to verify the personal data provided by the user/customer and to take the measures it deems appropriate (including cancellation of the order) so that the purchased goods are delivered in accordance with the data appearing in the order.
• PayPal payments are made directly on the PayPal website, following the terms of use established by PayPal. If the order is not paid for within one hour, Tcuido will cancel the order.

12 / Warranty

Tcuido offers a 24-month warranty on products sold from the date of purchase that includes:

• In the event that the product has a manufacturing defect or breakdown that makes the product unusable, the Client or Consumer may make a claim to Tcuido, having the option of requesting a replacement for an item of the same type and model.

13 / Right of withdrawal

• The final consumer has the right to withdraw from the contract entered into through www.tcuido.es within a period of 14 calendar days without the need for justification. 
• The withdrawal period will expire 14 calendar days after the day on which the Consumer or a third party indicated by him, other than the carrier, has acquired physical possession of the goods.
• To exercise the right of withdrawal, the Consumer must notify Tcuido of his decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). 
• To meet the withdrawal deadline, it is sufficient for the User to send the communication regarding the exercise of this right before the corresponding deadline expires.
• In the event of withdrawal, Tcuido will refund all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the least expensive ordinary delivery method offered) without undue delay and, in any case, no later than 14 calendar days from the date on which the User informs Tcuido of his decision to withdraw from the contract. Tcuido will proceed to make said refund using the same means of payment used by the Consumer for the initial transaction, unless the latter has expressly provided otherwise; in any case, the User will not incur any costs as a result of the refund. Tcuido may withhold the refund until it has received the goods, or until the User has provided proof of the return of the same, depending on which condition is met first.
• The Consumer shall only be liable for any decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
• It is hereby specified that any Products not sealed upon delivery or which may be returned for health or sanitary reasons shall not be eligible for withdrawal (including, but not limited to, any Beauty Care Products if their lid or closure is removed). 

The right of withdrawal will not be applicable to contracts that refer to:

• The supply of goods whose price depends on fluctuations in the financial market that Tcuido cannot control.
• The supply of goods made according to the consumer and user's specifications or clearly personalized.
• The supply of goods that may deteriorate or expire quickly.
• The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
• The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.
• The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations that Tcuido cannot control.
• Contracts in which the consumer and user has specifically requested Tcuido to visit them to carry out urgent repair or maintenance operations.
• The supply of sealed audio or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
• The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
• The supply of digital content that is not provided on a physical medium when the execution has begun with the prior express consent of the consumer and user, with the knowledge on their part that they consequently lose their right of withdrawal.

14 / Customer Service

• Tcuido has a customer service department so that users can manage their complaints, queries, or request guarantees and exercise their right of withdrawal.
• The user may direct their complaints, claims or requests for information to the Customer Service:

– By sending an email to tecuido.rtg@gmail.com.  
– By calling the phone, Monday to Friday (10:00 to 14:00 and 17:00 to 20:00).  

• All queries and especially complaints and suggestions will be dealt with as quickly as possible, without in any case exceeding the deadlines established by current legislation.
• Likewise, they will be recorded by means of a written receipt, on paper or any other durable medium.

15 / Technical means to correct errors

• Likewise, this information may also be corrected by the User through his/her personal connection space to the Website using the contact information provided in the first clause (General information) Tcuido.
• Users are hereby informed that if they detect that an error has occurred when entering the data required to process their purchase request on the Website, they may modify the data by contacting tecuido.rtg@gmail.com.
• In any case, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
• Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to gather more information on how to exercise their right of rectification as established in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

16 / Responsibility of Tcuido

• Tcuido is only liable for any damage suffered by the customer to the extent that such damage is caused by intent or deliberate recklessness.
• If Tcuido is liable for any damage, liability will only extend to direct damages resulting from or related to the execution of an agreement.
• Tcuido is never liable for indirect damages, such as consequential damages, loss of profits, lost savings or damage to third parties.
• If Tcuido is liable, this liability is limited to the amount paid by civil liability insurance and in the absence of payment by an insurance company of the amount of damages, liability is limited to the amount of the invoice.
• All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

17 / Modification of the terms and conditions

• Tcuido has the right to change or supplement these general terms and conditions.
• Minor changes can be made at any time.
• Major substantive changes will be discussed with the client as far in advance as possible.
• Consumers have the right to withdraw from the agreement in the event of a substantial change to the general terms and conditions.

18 / Protection of personal data

Tcuido Servicios Integrales a la Dependencia, SL, is the Controller of the user's personal data and informs you that these data will be processed in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD) and Regulation (EU) 2016/679 of April 27, 2016 (RGPD) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, for which the following information on the treatment is provided:

1. End of treatment

Maintain a business relationship with the user. 

2. Data collected

The personal data collected on this site are as follows: 

• Account opening: When creating the user account, your name, surname, telephone number, postal address, 
• Login: When the user connects to the website, he/she records, in particular, his/her surname, first name, access data, usage data, location and payment data.
• Profile: Using the services provided on the website allows you to enter a profile, which may include an address and telephone number.
• Payment: As part of the payment for the services offered on the website, financial data relating to the user's bank account or credit card are recorded.
• Communication: When the website is used to communicate with other members, data relating to the user's communications is temporarily stored.
• Cookies: Cookies are used when using the site. The user has the possibility to disable cookies from their browser settings.

3. Use of personal data

• implementation of user assistance;
• personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
• fraud prevention and detection, malware and security incident management;
• management of potential conflicts with users;
• the sending of commercial and advertising information, according to the user's preferences.

4. Sharing personal data with third parties

Personal data may be shared with third parties in the following cases:

• When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial entities with which it has entered into contracts;
• when the user posts publicly accessible information in the free comment areas of the website;
• when the user authorizes a third party website to access their data;
• when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, in the context of providing these services, and are contractually obliged to use them in accordance with the provisions of applicable regulations on the protection of personal data;
• If required by law, the Website may transmit data to file claims against the Website and to comply with administrative and judicial proceedings;

5. Security and confidentiality

The Website implements organisational, technical, software and physical digital security measures to protect personal data against unauthorised alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Website cannot guarantee the security of the transmission or storage of information on the Internet.

6. Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending their request to the address C/ Benito León, 23 – local 1 24240. Santa María del Páramo. León. or to the email address tecuido.rtg@gmail.com.

• Right to withdraw consent at any time.
• Right to access, rectification, portability and deletion of your data and to limit or oppose its processing.
• Right to file a complaint with the supervisory authority (agpd.es) if you consider that the processing does not comply with current regulations.

19 – Language of the contract

These general terms and conditions of sale are written in Spanish. In the event that they are translated into one or more foreign languages, the Spanish text shall prevail in the event of a dispute.

20 – Applicable legislation

The user undertakes to make correct and appropriate use of the services and the Tcuido website in accordance with the Law, with these General Conditions, the Legal Notice and Conditions of Use of the Portal, as well as with other conditions, regulations and instructions that, where applicable, may be applicable.

These general terms and conditions are governed by Spanish law, and the Spanish Courts and Tribunals are competent to hear any issues that may arise in relation to interpretation, application and compliance. The User expressly waives any other jurisdiction that, by application of the current Law, may correspond to him/her and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city in which Tcuido Servicios Integrales a la Dependencia, SL has its registered office.