Two . Use of our website.
These Terms are the only conditions applicable to the use of this website and supersede any other , unless express prior written consent of Seller. These Terms are important for both you and us as they have been designed to create a legally binding agreement between us protect your rights as a customer and our rights as a business . You represent that , when ordering , you have read and accepted without reservations the present conditions . You agree that :
a- Only You can make use of the website to make legitimate inquiries or orders.
b- may not make any speculative , false or fraudulent orders . If we have reasonable grounds to believe that it has made an order of this kind we are entitled to cancel the order and inform the relevant authorities.
c- Also You agree to provide us with your correct and accurate e-mail address , mailing address and / or other contact information and acknowledge that we may use this information to contact you if necessary ( see our Statement Privacy .) If you do not give us all the information we need , we can not complete your order.
d- By ordering through this website, you warrant that you are 18 years old and are legally capable of entering into binding contracts.
Three . How the contract is formed .
This information and the details contained in this website does not constitute an offer for sale but rather an invitation to treat . There will be no contract between you and us in connection with any product until your order has been accepted by us. If your offer is not accepted and you have already made a charge to your account , the amount thereof shall be returned to him in full. To order , follow the shopping process online and click “Authorize payment ” . After that , you will receive an email acknowledging receipt of your order (the ” Order Confirmation “). Note that this does not mean that your order has been accepted , since it is an offer that you made to us to purchase one or more products. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email that confirms that the product is being shipped (the ” Order Confirmation “). The contract for the purchase of a product between us (Contract ) will only be formed when we send you the Order Confirmation. They will be under contract only those products listed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until we confirm the shipment thereof in a separate Order Confirmation .
April . Availability of products.
All orders are subject to product availability thereof and , in this sense, if difficulties arise in terms of supply , or if no longer in stock , we reserve the right to give you information about substitute products quality and equal or greater value that you can order. If you do not wish to order such substitute products we will reimburse any monies that you might have paid.
May . Refusal to process an order .
We reserve the right to withdraw any products from this website at any time and / or remove or edit any materials or content. While we do our best to always process all orders , there may be exceptional circumstances that require us to refuse to process an order after we have sent the Order Confirmation , and we reserve the right to do so at any time, at our sole discretion . We will not be liable to you or to any third party by reason of our withdrawing any product from this website , regardless of whether the product has been sold out, remove or edit any materials or content on the website or for refusing to process an order after we have sent the order Confirmation .
6. Law to withdraw the purchase .
If you are contracting as a consumer, you may cancel a Contract at any time within seven days from receipt of shipment of your order . In this case, we will refund the price paid for the products in accordance with our Returns Policy ( see Clause 12 ) . Your right to cancel a Contract shall apply exclusively to those products that are returned in the same condition in which you received them . You must also include all instructions, documents and packaging products. There will be no refund if the product has been used or has been damaged , so you should be careful with / the product / s while in its possession . You will not have any right to cancel a Contract for the supply of any of the following products:
a. personalized Items
b . CDs / music DVDs without their original packaging.
Please try with reasonable care of the products whilst in your possession and keep, if possible, the original boxes and packaging in case of return. For more details about this statutory right , and an explanation of how to exercise it in clause 12 of these Conditions , and a summary of it when you receive the Confirmation. This provision does not affect your consumer rights recognized by current legislation .
Notwithstanding the provisions of Clause 4 above and unless extraordinary circumstances occur , we will try to send the request / the product / s listed in the Order Confirmation by the delivery date set out in the Order Confirmation or if no delivery date is not specified, within 15 days from the date of delivery confirmation . The delay may be due to the following reasons :
a. Customisation of products ;
b . Editorials ;
c . Unforeseen circumstances ; or
d . Delivery zone ;
If for some reason we can not meet the delivery date , we will inform you of this and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid . Please note however that we do not deliver on Saturdays or Sundays. For the purposes of these Conditions , be deemed to have produced the “delivery” or that he / the product / s have been ” delivered / s ” at the time of signing the receipt thereof in the agreed delivery address .
8 Inability to delivery.
If we are unable after two attempts to deliver, we try to find a safe place to leave your parcel . We will leave a note explaining where your parcel is and how to collect it. If you will not be at the delivery location at the time agreed , please contact us to arrange delivery for another day.
9. Transfer of risk and property
The risk of the Goods shall be responsible from the time of delivery. You will acquire the ownership of the goods when we receive full payment of all sums due in respect thereof, including shipping costs , or upon delivery (as defined in clause 8) , whichever take place at a later time .
10. Prices and payment
The price of the products will be as stipulated at any time on our website , except in cases of obvious error . Although we try to ensure that all prices listed on the website are accurate , errors may occur . If we discover an error in the price of products you have ordered , we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it . If we are unable to contact you , the order will be canceled and a full refund will have already paid . We will not be obliged to supply the / the product / s to incorrect lower price ( even though we ‘ve just sent the Order Confirmation) if the pricing error is obvious and unmistakeable and could have been recognized in a reasonable manner by you as incorrect price. The prices on the website do not include VAT and shipping costs ( see our guide to shipping costs ) , to be added to the total amount of your bill. Prices may change at any time, but ( except as noted above ) changes will not affect orders in respect of which we have already sent a Confirmation. Once you have finished shopping all the items you wish to purchase are added to your cart and the next step will process the order and make payment. To do this:
1. Click the ” Shopping Cart” button at the top of the page.
February . Click on the ” View Cart ” .
March . Click the ” Checkout ” button.
April . Fill or check the contact information, the details of your order , the address to which you would like to be sent the order and the address to which the invoice should be forward .
May . Enter details of your credit card .
6. Click ” Authorize Payment ” .
You can make payment with Visa, Mastercard , American Express , Affinity Card and PayPal cards . To minimize the risk of unauthorized access, the data of your credit card is encrypted. Once we receive your order , a pre -authorization on your credit card will do to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse. If your method of payment is Paypal, the charge will be made at the time that we confirm the order. By clicking “Authorize payment ” you are confirming that the credit card is yours. We use “Comodo” to ensure that payment is made safely . Credit cards are subject to validation checks and authorization by the issuer thereof, but if the issuer fails to authorize payment, we are not responsible for any delay or non-delivery and not able to form a Contract with you .
11. The value added tax
Under current regulations , any purchase made through the website will be subject to Value Added Tax ( VAT), except those incident to the Canary Islands, Ceuta and Melilla, that will come with or without the application of special tax appropriate . In this regard and pursuant to Chapter I of Title V of Directive 2006/112 of the Council of 28 November 2006 on the common system of VAT , deliveries shall be located in the Member State that were on the delivery address for the items, the applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied with each order . Under the rules applicable in each jurisdiction in the supply of goods made in certain member countries of the European Union addressed a businessman or professional , could be applicable rule ” reverse charge ” (article 194 of Directive 2006 / 112) that would not impact the VAT by CREATIONS MARIA SL, without prejudice to the obligation of the recipient auto – passed on the tax due on the transaction. For orders bound for the Canary Islands, Ceuta and Melilla , deliveries be found exempt from VAT pursuant to Article 146 of the Directive , without prejudice to the application of taxes and custom duties pursuant to the regulations in force each .
12. Policy changes / refunds.
Returns in exercise of the right to withdraw the purchase .
General Policy : To cancel the Contract within the period specified in clause 7 above , you can return the merchandise sent back to our headquarters at: ION FIZ San Lucas C- 10, 4 ?- Left . 28004 Madrid – Spain by courier / Courier send to your home. You must deliver the goods in the same package in which it was received and in the same conditions. Please contact us via our e- mail email@example.com so we can arrange collection at home. The refund will not be an extra cost to you . You will be responsible for the cost of returning the product , if you can not make it through the two free options offered . Please note that if you decide to return the goods on delivery we are entitled to charge you the expenses we incur . If you have any questions, please contact us through our e- mail firstname.lastname@example.org or phone + 34 608 98 13 71 . Please return the item using or including their original boxes, instructions , documents and wrappings that may accompany it . After reviewing the article will be contacted if you are entitled to a refund of amounts paid . The refund will be made as soon as possible and in any event within seven days from the date you notified us of its intention to withdraw . We will refund in the same form of payment that was used to pay for the purchase . No such exchange or return products that are not in the same condition in which you received it , or have been worn beyond simply opening the product . Changes can only be done by the same item in a different size or color.
13. Returns of defective products
In cases where you consider that at the time of delivery the product does not comply with the provisions of the Contract , you must contact us immediately through our contact form with details of the product and its damage suffered by either in email email@example.com , where we will indicate how to proceed . To return the product , we will send a messenger to your home. Proceed to carefully examine the returned product and will notify you by e- mail within a reasonable period whether any refund or replacement thereof ( if any) . The refund or replacement item will be made as soon as possible and in any event within 30 days from the date we send you an email confirming that appropriate refund or replacement item not conforming. The amounts paid for products that are returned because of some defect or defect , where one exists , will be refunded in full, including delivery charges incurred to deliver the item . We will refund in the same form of payment that was used to pay for the purchase . This excludes the rights recognized by the legislation .
14. Responsibility and liability . Our liability in connection with any product purchased on our website is strictly limited to the purchase price of such Product. Nothing in these Terms shall exclude or limit in any way our liability :
1 In case of death or personal injury caused by our negligence. ;
2 In cases of fraud or fraudulent misrepresentation . ; or
Three . In any case in which it would be illegal or unlawful for us to exclude , limit, or you attempt to exclude or limit our liability .
Notwithstanding the provisions of the preceding paragraph and to the extent permitted by the law, and unless these Conditions otherwise provided , we accept no liability for indirect losses which happen as a side effect of the loss or major damage , arising in any way, and whether caused by tort (including negligence ), breach of contract or otherwise , even if they were foreseeable, including without limitation the following :
1. Loss of income or revenue ;
2. Loss of business;
Three . Loss of profits or contracts
4. Loss of anticipated savings ;
5. Loss of data; and
6. Loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information is produced, do not warrant the accuracy and security of information transmitted or obtained through this site, unless stated expressly provided otherwise herein. All product descriptions , information and materials contained on this site are provided “as is where is” and without warranties express, implied or arising otherwise guarantees. To the extent possible as permitted by law, we exclude all warranties except those leaving may not lawfully be excluded against consumers. The provisions of this clause do not affect your statutory rights as a consumer , nor your right to cancel the contract .
15. Intellectual property .
You acknowledge and agree that all copyright , trademark and other intellectual property rights in all material or content supplied as part of the brand website we are at all times to us or our licensors for your use. You may use this material only in the way it is expressly authorized by us or our licensors for your use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contract details .
16. Communications in writing.
Applicable laws require that some of the information or communications we send to you should be in writing. By using this website , you agree that the majority of communication with us will be mainly electronic . We will contract with you via email or we will provide information hanging notices on this site . For contractual purposes , you agree to this electronic means of communication and acknowledge that all contracts, notices , information and other communications that we provide to you electronically comply with legal requirements to be written . This condition does not affect your statutory rights .
17. Notifications .
Notices given by you to us should be given through our contact form. In accordance communications we may give either by e- mail or to the address provided by you when placing an order. It is understood that the notifications have been received and properly served in the instant when posted on our website, 24 hours after an e-mail , or three days have been sent after the date of posting of any letter . To prove that the notice has been made, shall be sufficient in the case of a letter , that the same be certified, in the case of an email, that it was sent to the email address specified by the receiver.
18. Transfer of rights and obligations.
The Contract between you and us is binding on both parties and our respective successors and assigns . You may not transfer , assign, charge or otherwise dispose of a Contract , or any of the rights or obligations arising under it to them, or for you , without our prior written consent. We may transfer, assign, charge , sub-contract or otherwise dispose of a Contract, or any of the rights or obligations arising under it for us or for us , at any time during the term of the Contract. For avoidance of doubt, such transfers , assignments , liens or other transfers will not affect the rights you have as consumers recognized by law or canceled , reduced or otherwise limited warranties whether express or implied, that we could have them bestow.
19. Events beyond our control.
We will not be responsible for any failure or delay in performing any of our obligations under a Contract that is caused by events outside our reasonable control ( ” Force Majeure Event ” ) should control . The Force Majeure Event includes any act , event , lack of exercise , omission or accident beyond our reasonable control and includes in it’s particular (without limitation) the following :
1. Strikes , lockouts or other industrial action.
Two . Civil commotion, riot , invasion , terrorist attack or threat of terrorism , war ( declared or was not) or threat or preparation for war.
Three . Fire, explosion, storm, flood, earthquake, subsidence , epidemic or other natural disaster.
April . Impossibility of the use of railways, shipping , aircraft, motor transport or other means of transportation , public or private.
May . Inability to use public or private telecommunications networks .
6. Acts , decrees , legislation, regulations or restrictions of any government .
7. Strike, failure or accidents of maritime or fluvial transport , postal or other transportation and customs delays.
It is understood that fulfilling our obligation is suspended during the period that the Force Majeure Event continues, and we will have an extension in the time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure or to find a solution by which we can fulfill our obligations under the Contract despite the Force Majeure Event .
20. Disclaimer .
If during the term of a Contract , we stopped insist upon strict performance of any of its obligations under it or any of these Terms , or if we stopped exercise any of the rights or remedies that we were entitled to exercise or filing under this contract or these Conditions shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. Waivers to do to enforce shall not constitute a waiver by us of any subsequent default . No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above .
21. Severability .
If any of these Conditions or any provisions of a contract they were they held invalid , illegal or unenforceable in any action by the competent authority , be severed from the remaining terms and provisions shall remain valid in so far as permitted by law.
22. Entire Agreement .
These Terms and any document expressly referred to in them represent the entire agreement between you and us relating to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or written . You and we acknowledge agreeing to enter into this Agreement without having rely on any statement or promise made by the other party or which may be inferred from any statement or written in the negotiations between the two prior to such Contract except that which is expressly referred to in these Conditions. Neither you nor us shall have any remedy in respect of any untrue statement made by the other party verbally or in writing , prior to the date of the Contract (unless such untrue statement had made fraudulently ) and the only recourse available to the Moreover be for breach of contract as provided in these Conditions .
23. Our right to change these conditions .
We have the right to revise and amend these Terms at any time. You will be subject to the policies and Conditions in force at the time that you order products , unless by law or governmental authority we should make changes to those policies, Terms or Privacy Statement , in which case any changes also affect orders previously placed by you .
24. Applicable law and jurisdiction.
Contracts for the purchase of products through our site will be governed by Spanish law. Any dispute arising from or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts and tribunals . If you are contracting as a consumer , nothing in this clause shall affect the rights recognized as such applicable law .
25. Feedback .
Your comments and suggestions are welcome . Please send us feedback and comments through our form contact.