13. GUARANTEES AND REFUNDS
The guarantee of the products offered responds to the following articles based on the Spanish Law 23/2003 of 10 July on the guarantees of the sale of consumer goods:
I) Compliance of the products with the contract
1. Unless there is proof to the contrary, products shall be deemed to conform with the contract provided that they fulfil all the requirements set out below, unless the circumstances of the case deem any of them inapplicable:
a) They match the description and qualities stated by CUS SUSTAINABLE CLOTHING SL.
b) They are fit for the purposes for which such products are usually intended.
c) They are fit for any special use required by the customer if they have informed CUS SUSTAINABLE CLOTHING SL of this when the contract is executed, provided that they have accepted that the product is fit for such use.
d) They demonstrate the usual quality and performance of similar products which the customer can reasonably expect, particularly with regard to the nature of the product and, where appropriate, the descriptions of the products’ specific features made by CUS SUSTAINABLE CLOTHING SL.
e) CUS SUSTAINABLE CLOTHING SL describes the details, technical features and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.
2. Non-conformity resulting from incorrect installation of the product shall be deemed the same as non-conformity of the product when its installation is included in the sales contract and has been carried out by CUS SUSTAINABLE CLOTHING SL or under its responsibility, or by the USER when the defective installation is due to an error when following the installation instructions.
3. No liability shall be accepted for any non-conformity of which the USER is aware or has been unable to ignore when entering into the contract, or which is caused by materials provided by the USER.
II) Liability of the PROVIDER and rights of the USER
CUS SUSTAINABLE CLOTHING SL shall be liable to the USER for any non-conformity that exists when the product is delivered. CUS SUSTAINABLE CLOTHING SL grants the USER the right to repair the product, to replace it, to reduce the price and to terminate the contract.
In accordance with Article 6 of the Civil Code, any prior waiver of the rights of the USER or acts carried out in fraud will be null and void.
III) Repair and replacement of products
1. If the product is not in accordance with the contract, the USER may choose to demand its repair or replacement, unless one of these options is impossible or disproportionate. As soon as the USER notifies CUS SUSTAINABLE CLOTHING SL of the chosen option, both parties must abide by it. The USER’s decision is without prejudice to the provisions of Article IV below, in the event that the repair or replacement fails to bring the product into compliance with the contract.
2. Any form of remedy which imposes on CUS SUSTAINABLE CLOTHING SL costs which are unreasonable in comparison with the other form of remedy shall be considered disproportionate, taking into account the value that the product would have if there were no lack of conformity, the relevance of the non-conformity and whether the alternative remedy could be carried out without major inconvenience to the USER.
IV) Rules of repair or replacement of the product
Repair and replacement will comply with the following rules:
a) They will be free of charge for the USER.
This shall include the necessary costs incurred in remedying the non-conformity of the products with the contract, in particular shipping costs, as well as labour and material costs.
b) They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the products and their purpose for the USER.
c) Repairs suspend the time periods referred to in Article VII. The suspension period shall begin from the time the USER makes the product available to CUS SUSTAINABLE CLOTHING SL and shall end with the delivery of the repaired product to the USER. Within six months of delivery of the repaired product, CUS SUSTAINABLE CLOTHING SL shall be liable for CUS SUSTAINABLE CLOTHING SL P. 8 CUS SUSTAINABLE CLOTHING SL the non-conformity which required the initial repair. If defects of the same origin recur in the product, it is presumed that it is due to the same non-conformity as initially demonstrated.
d) Replacement suspends the time periods referred to in Article VII from exercising the option until the delivery of the new product. In any event, the second paragraph of Article VII shall apply to the substitute product.
e) If the product has been repaired and delivered but still does not conform with the contract, the USER may demand the replacement of the product, within the limits established in Article IV(2), or the reduction of the price or the termination of the contract in the terms of Article V.
f) If the replacement fails to make the product comply with the contract, the USER may demand the repair of the product within the limits set out in Article IV(2), or the reduction of the price or the termination of the contract in the terms of Articles V and VI.
g) The USER may not demand substitution in the case of non-fungible products, or in the case of second-hand products.
V) Price reduction and contract termination
The reduction of the price and the termination of the contract shall be carried out at the USER’s discretion when they are unable to demand the product’s repair or replacement and in cases where the repair or replacement has not been carried out within a reasonable period of time or without major inconvenience for the USER. The decision shall not apply when the non-conformity is of minor importance.
VI) Price reduction criteria
The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it been in compliance with the contract and the value of the product actually delivered at the time of delivery.
VII) Time periods
1. CUS SUSTAINABLE CLOTHING SL shall be liable for any non-conformity which becomes apparent within two years of delivery. CUS SUSTAINABLE CLOTHING SL and the USER may agree on a shorter term for second-hand products, which may be no less than one year after delivery. Unless proved otherwise, any non-conformity which becomes apparent within six months of delivery shall be presumed to have already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the type of non-conformity.
2. Unless proven otherwise, delivery shall be considered to have occurred on the day indicated on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. Demanding compliance with the provisions of the preceding articles expires three years after delivery of the product.
4. The USER must inform CUS SUSTAINABLE CLOTHING SL of the non-conformity within two months of becoming aware of it. Unless proven otherwise, it shall be understood that the USER has communicated the non-conformity within the established period.
VIII) Action against the manufacturer
If it is impossible or too inconvenient for the USER to contact CUS SUSTAINABLE CLOTHING SL regarding the nonconformity of the products covered by the sales contract, they may claim directly from the manufacturer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the limits of the manufacturer’s liability, under the same terms and conditions as those laid down for CUS SUSTAINABLE CLOTHING SL, the manufacturer shall be liable for the non-conformity when it relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules governing them.
Manufacturer means the manufacturer of a product or the importer of a product into the European Union territory, or any person who presents themselves as such by indicating their name, trade mark or any other distinctive sign on the product. Whoever responds to the USER will continue to be responsible for the non conformity for a period of one year. This period is calculated from the time when the problem is remedied