These General Terms and Conditions for Contracting (hereinafter, GTCC), once read and agreed upon by the buyer, will constitute an integral part of the contractual relationship whose purpose is the purchase by natural persons or legal entities (hereinafter, CUSTOMERS OR USERS) of products or services offered by MARIA FATJÓ PARÉS (hereinafter, MARIA FATJÓ PARÉS), whose NIF (Fiscal Identification Number) is 46.141.646-N and whose postal address is P.O. BOX 14085, 08080 Barcelona, through her website www.mariafatjopares.com
A CUSTOMER’S or USER’S specific request to purchase will be included in the particular terms and conditions of the contract, with which these GTCC will also be associated, and which the CUSTOMER OR USER will have to consult and expressly accept prior to the purchase of the product. To that end the CUSTOMER OR USER, through the website www.mariafatjopares.com, as well as reading and accepting these GTCC, will have the option of printing and downloading them in PDF format; the CUSTOMER OR USER will not be able to complete the electronic purchase of the products offered without that prior reading and express acceptance. The CUSTOMER OR USER will always keep these GTCC available in a visible and freely accessible place in the website.
Acceptance of these GTCC, combined with a CUSTOMER’S OR USER’S request for specific products, will entail the formalisation of a contract between MARIA FATJÓ PARÉS and the CUSTOMER OR USER, who confirms:
a) that he/she has read, understood and accepted these terms and conditions.
b) that he/she is a person of legal age, and with full capability to contract.
APPLICABLE LEGISLATION AND ALTERATION OF THE GTCC
These GTCC are subject to the provisions of Royal Legislative Decree 1/2007 of 16th November, enacting the revised text of the General Law for the Protection of Consumers and Users and other complementary laws; Law 7/1998 of 13th April, governing General Terms and Conditions for Contracting; Organic Law 15/1999 of 13th December, governing the Protection of Personal Data; Law 7/1996 of 15th January, concerning the Regulation of Retail Commerce, and Law 34/2002 of 11th July, governing Services of the Information Society and of Electronic Commerce.
The validity and effectiveness of electronic contracts made through the website www.mariafatjopares.com will be governed by the provisions in Title IV of Law 34/2002 of 11th July, governing Services of the Information Society and of Electronic Commerce, so, by virtue of the provisions in Article 26 of the said law, in order to determine which law is applicable to contracts in which the CUSTOMER OR USER is foreign, reference must be made to the rules of private international law in the Spanish legal system, taking into consideration, for their application, Articles 2 and 3 of Law 34/2002 of 11th July, governing Services of the Information Society and of Electronic Commerce.
MARIA FATJÓ PARÉS reserves the right to alter these GTCC at any time, without prior notification to the CUSTOMER OR USER, who is, in any case, the only person responsible for reviewing them as an indispensable requirement prior to the acquisition of any product which is available through the website of MARIA FATJÓ PARÉS or prior to simply gaining access to that website. In any case, the GTCC that will be regarded as valid and applicable will be those which were shown in the website at the time when the CUSTOMER OR USER acquired the products in question.
RIGHTS AND OBLIGATIONS OF MARIA FATJÓ PARÉS
Delivery of the product: MARIA FATJÓ PARÉS undertakes to deliver the product in perfect condition to the address which the CUSTOMER OR USER indicates on the order form which shows the special terms and conditions that are combined with these GTCC. MARIA FATJÓ PARÉS will not be responsible for errors in the delivery when the CUSTOMER OR USER has entered incorrect or incomplete data on the order form.
Details of reservations or complaints should be sent to MARIA FATJÓ PARÉS by e-mail, to the following address: email@example.com
PERIOD FOR DELIVERY
I. Delivery of the product.
MARIA FATJÓ PARÉS undertakes to deliver the product in perfect condition to the address which the CUSTOMER OR USER indicates on the order form. In order to facilitate delivery, we should be grateful if the CUSTOMER OR USER would kindly indicate an address where delivery could be effected during normal working hours.
MARIA FATJÓ PARÉS informs the CUSTOMER OR USER that an order for several products could be divided into several deliveries.
II. Period for Delivery.
The maximum periods for the delivery of non-personalised products are the following: ten (10) working days for deliveries within the Spanish continental territory; twelve to fifteen (12 to 15) working days for deliveries to the Canary Islands, Ceuta or Melilla; twenty (20) working days for deliveries within the territory of the EU, of the USA or of Canada; thirty (30) working days for deliveries to other parts of the world.
For each personalised product, the production period indicated in the website will have to be added to the aforementioned delivery periods.
Each delivery will be regarded as completed when, according to the control system used by the particular transport company providing the service, the product has been made available to the CUSTOMER OR USER.
When there is a delay in delivery that is attributable to MARIA FATJÓ PARÉS, the CUSTOMER OR USER will be able to cancel their order in accordance with the procedure described in the section entitled “Returns”. Deliveries in which the transport company made the order available to the CUSTOMER OR USER within the agreed period but the delivery could not be completed for a reason attributable to the CUSTOMER OR USER will not be regarded as delayed deliveries.
III. Delivery Data, Deliveries Not Effected and Lost Consignments.
If the CUSTOMER OR USER does not receive the merchandise within the agreed period, the CUSTOMER OR USER must inform MARIA FATJÓ PARÉS as quickly as possible, so that MARIA FATJÓ PARÉS can ask the transport company or the postal service used to investigate the progress of the consignment.
If the CUSTOMER OR USER is absent when delivery is attempted, the carrier will leave a notice indicating the procedure for arranging another time for delivery. MARIA FATJÓ PARÉS will, as part of the delivery service, arrange for a series of actions (calls to the CUSTOMER OR USER at different times of day), designed to ensure that the delivery does take place.
If, seven working days after the departure of the consignment for delivery, there has still been no agreed date for delivery, the CUSTOMER OR USER will have to contact MARIA FATJÓ PARÉS. If the CUSTOMER OR USER does not proceed in this manner, 10 working days after the departure of the consignment for delivery it will be returned to our warehouses, and the CUSTOMER OR USER will have to pay the costs of the despatch of the merchandise and of the return to its point of departure, and also any associated processing expenses.
If the reason for which it was not possible to effect the delivery was the loss of the consignment, our carrier would begin an investigation. In these situations, our carriers usually report within one to three weeks.
IV. Diligence in delivery.
The CUSTOMER OR USER must check the condition of the consignment in the presence of the carrier who delivers it on behalf of MARIA FATJÓ PARÉS, and must record on the delivery note any irregularity detected in the packaging. If, after checking the consignment, the CUSTOMER OR USER later detects evidence of a blow, tear, opening of a package, or any other imperfection resulting from the transporting, he or she will notify MARIA FATJÓ PARÉS as soon as possible via e-mail, and in any event within seven working days of the date of delivery.
Responsibility of MARIA FATJÓ PARÉS: In no case will MARIA FATJÓ PARÉS be responsible for:
-. Errors, delayed access by the CUSTOMER OR USER when entering their data into the order form, slowness or failure in receiving confirmation from the recipients of the consignment, or any anomaly that could arise when such incidents are due to problems in the Internet network, to the concurrence of unforeseeable circumstances or force majeure or any other unforeseen occurrence beyond the good faith of MARIA FATJÓ PARÉS. In any case, MARIA FATJÓ PARÉS undertakes to resolve problems that could arise, and to offer all necessary support to the CUSTOMER OR USER in order to reach a quick and satisfactory solution.
-. Errors or damage caused by the CUSTOMER’S OR USER’S use of the service inefficiently or in bad faith.
-. Non-operability or other problems in the e-mail address provided by the CUSTOMER OR USER for the sending of the order confirmation.
Nor does MARIA FATJÓ PARÉS accept any responsibility resulting from anything in the following list, which is not exhaustive:
1. Use by the CUSTOMER OR USER of the materials of this website or linked websites, whether prohibited or permitted, in breach of the rights of intellectual and/or industrial ownership of the contents of this website or of others.
2. Any harm caused to the CUSTOMER OR USER by the normal or abnormal functioning of the search tools, of the organisation or localization of the contents and/or access to the website or, in general, by errors or problems arising in the development and implementation of the technical elements which the website or program supplies to the CUSTOMER OR USER.
3. The contents of pages to which the CUSTOMER OR USER can gain access from links included in the website, whether authorised or not.
4. Acts or omissions of third parties, regardless of whether those third parties are contractually linked to MARIA FATJÓ PARÉS.
5. The access of minors to the website’s contents, because it is the responsibility of their parents or tutors to exercise adequate control over the activities of their children and of minors in their care, or to instal one of the tools which control the use of the internet so as to prevent (i) access to content which is not suitable for minors, and (ii) the sending of personal data without the prior authorisation of their parents or tutors.
6. Communications or dialogues taking place in the course of debates, forums, ‘chats’ or ‘virtual communities’ that are organised or could be organised through or around the website and/or linked websites, or any harm suffered by the CUSTOMER OR USER, private individuals and/or groups as a result of those communications and/or dialogues.
In no case will MARIA FATJÓ PARÉS be responsible when the following occur:
1. Failures or incidents occurring in the communications, deleted or incomplete transmissions so that the website’s services are not guaranteed to be continuously operational.
2. In any case, MARIA FATJÓ PARÉS undertakes to resolve problems that could arise, and to offer all necessary support to the CUSTOMER OR USER in order to reach a quick and satisfactory solution.
Guarantees: MARIA FATJÓ PARÉS undertakes to ensure that products are delivered in perfect condition, and will be exempt from any liability for any breakages or defects in packaging occurring after the delivery of the products.
This guarantee will lose its validity if there are defects or deterioration caused by external factors, accidents, wear, or installation and use that are not in accordance with the distributor’s instructions. If any product has a manufacturing defect, MARIA FATJÓ PARÉS will pay its outward and inward carriage charges.
Products which have been altered or repaired by the CUSTOMER OR USER or by any other unauthorised person will not be covered by the guarantee. The guarantee will not apply to conspicuous defects or lack of conformity in any product, for which any claim should formulated by the CUSTOMER OR USER within seven days of the delivery of the products. The guarantee will not cover damage caused by inappropriate use.
Time limits: MARIA FATJÓ PARÉS will respond, within the period stipulated for guarantees by Royal Legislative Decree 1/2007, counting from the date of delivery of the product, to any lack of conformity with these General Terms and Conditions and with the relevant data sheet which appears at the moment of delivery of the product. The CUSTOMER OR USER, before signing for the delivery of the product, will have to ensure that the product has been delivered in perfect condition because if it is accepted at the moment of delivery, both parties will assume that the product conforms to these General Terms and Conditions and to its data sheet.
Availability: MARIA FATJÓ PARÉS will do everything possible to please the CUSTOMER OR USER in their request for products. If a product is found to be unavailable after being ordered, the CUSTOMER OR USER will be informed by e-mail of its cancellation. The speed of the refund to the bank account of the CUSTOMER OR USER will depend on the type of bank card used for the payment and the terms of the bank concerned.
RIGHTS AND OBLIGATIONS OF THE CUSTOMER OR USER
Payment: The CUSTOMER OR USER undertakes to pay for the product in advance, in the manner shown below.
Amount: The prices of the products shown in the website always include VAT.
To the price shown in the website for each product will be added the charges for delivery. As these are charges which MARIA FATJÓ PARÉS neither applies nor controls at any time, they will always be those of the private courier companies with which MARIA FATJÓ PARÉS has contracted that service; in every case, those charges will be communicated to the CUSTOMER OR USER before the formalisation of the purchase, and also in the e-mail confirming it.
Methods of payment: The CUSTOMER OR USER must pay for the order by credit/debit card.
Responsibility of the CUSTOMER OR USER: In every case, it will be the responsibility of the CUSTOMER OR USER to accept all risks of damage to, or deterioration, wear, or loss of the products from the moment when they are made available by the third party who delivers them on behalf of MARIA FATJÓ PARÉS.
RIGHT TO CANCEL: MARIA FATJÓ PARÉS recognizes the right of the CUSTOMER OR USER to cancel the order in conformity with the terms, conditions and period stipulated in Royal Legislative Decree 1/2007. If the order is cancelled, MARIA FATJÓ PARÉS will reimburse the CUSTOMER OR USER with the amount paid to cover the price and the applicable taxes. Payment will be made to the bank account or card identified by the CUSTOMER OR USER. The CUSTOMER OR USER must exercise this right to cancel within seven working days of the date of delivery of the product, which, unless there is evidence to the contrary, will be regarded as the date indicated on the delivery note signed by himself/herself. To exercise this right, the CUSTOMER OR USER must also send an e-mail to firstname.lastname@example.org notifying MARIA FATJÓ PARÉS in a manner accepted in law, and within the period foreseen. In every case, the CUSTOMER OR USER will pay the direct costs of returning the said product, as well as those of any imperfection in the same which is caused by its return.
Personalised products or products made for special orders from the CUSTOMER OR USER may not be returned.
To return products that were neither personalised nor made for special orders from the CUSTOMER OR USER, the latter will have a period of seven working days in which to exercise the right of cancellation. The law which stipulates the days which must be regarded as working days will be the operative law in the place where the goods concerned were delivered or where the service concerned would have been provided.
The CUSTOMER OR USER must first indicate their intention by e-mail. MARIA FATJÓ PARÉS will reply by e-mail, giving precise instructions for the return of the goods.
The cost of returning the goods will be borne by the CUSTOMER OR USER.
The refund into the account of the CUSTOMER OR USER, as a result of this return, will be made as soon as possible after the receipt of the goods by MARIA FATJÓ PARÉS.
In no case can there be a return of products supplied if they have obviously been used.
Returned products must imperatively be correctly protected, in their original packaging, in perfect condition (not damaged or soiled by the CUSTOMER OR USER) and with all accessories, instructions and documentation. They must be sent to the place specified by MARIA FATJÓ PARÉS in the instructions for their return sent by e-mail.
If a return is not accepted because the products concerned have been used or are personalised products, or produced for a special order from the CUSTOMER OR USER, those products will remain in the warehouse of MARIA FATJÓ PARÉS, to be collected by the CUSTOMER OR USER, for not more than thirty days from the date of their return.
Nor will it be possible to return packages which bear no indication of the identity of the sender (order number, name, address, etc.).
The expenses and risks connected with the return of products will be assumed by the CUSTOMER OR USER, who will have to send the products safely and securely, to ensure that they arrive in perfect condition. Returns give rise to a refund of the purchase price of the product(s) returned. The refund will not include any charges for transport. Everyone who returns their products will receive an e-mail informing them of the amount of the refund.
COPYRIGHT AND TRADEMARK RIGHTS: MARIA FATJÓ PARÉS informs you that the website www.mariafatjopares.com, and the national brand MARIA FATJÓ PARÉS Nº M3531251 are fully protected by intellectual and industrial property rights, and that any reproduction, communication, distribution or transformation of those protected aspects without the express consent of MARIA FATJÓ PARÉS or of her legitimate appointees is expressly prohibited.
APPLICABLE LAW AND COMPETENT JURISDICTION: These GTCC are governed by Spanish law. To resolve any dispute or conflict arising from these GTCC, MARIA FATJÓ PARÉS and the CUSTOMER OR USER expressly submit themselves to the criteria for determining the relevant competence laid down by the Spanish legislation applicable to consumers and users, and to electronic commerce.
If any clause in these GTCC is declared null and void, the other clauses will continue to be valid, and their interpretation will take into consideration the wishes of the parties and the ultimate purpose of these GTCC. MARIA FATJÓ PARÉS might not exercise any of the rights or powers conferred by this document, but this in no case should be interpreted as a waiver of the same without an explicit acknowledgement of such a waiver by MARIA FATJÓ PARÉS or a judicial prescription of the action to be taken in each case.