GENERAL CONTRACTING CONDITIONS
1. OBJECT
These General Contracting Conditions (hereinafter the “General Conditions”) have the object of regulating the conditions for use and utilisation of the Areas of the “web page” hosted on behalf of the domain name www.lasmanuelas.org of Inerdi Studio Creativo, S.L., with Tax Identification Number B-83596700, telephone number 914480444, with contact electronic mail info@lasmanuelasproject.com, the address that is recorded as the principal electronic mail address, at the Business Registry, the corporate object of which is to provide information society and electronic commerce services within the scope of commercialising garments.
Merely using the web page attributes, the person making such use states (hereinafter User), who declares knowledge and acceptance, without any reservation or exception whatsoever, of each and every one of the General Conditions set forth in this document, as well as the Privacy Policy and Legal Notice, of Inerdi Studio Creativo, S.L.
The users shall be provided the possibility to access the content and special services through the domain name www.lasmanuelas.org.
These General Conditions constitute the full agreement reached between the parties with regard to on-line sale transactions between Inerdi Studio Creativo, S.L. and the users.
Inerdi Studio Creativo, S.L. shall be empowered to unilaterally amend each and every one of the obligations set forth in these General Conditions, without the need for prior notice. It shall also be empowered to restructure, amend or eliminate any information, service or content included in the web page without the need for prior notice.
2. RIGHTS AND OBLIGATIONS OF THE USER
2.1. Conditions for Access and Use
The users may access the information this web site contains through the domain name www.lasmanuelas.org.
The conditions for access to the web shall be subject to the legal provisions in force from time to time, as well as the principles of good faith and licit use by the user, specifically and absolutely prohibiting any type of action that may be detrimental or harmful to Inerdi Studio Creativo, S.L. or any of its collaborators, designers, seamstresses and/or third parties.
The user shall protect all the documentation and confidential information, avoiding distribution of any content found on this web page, on our Intranet, or in any other Restricted Area, and even that received by electronic mail or other means.
Inerdi Studio Creativo, S.L., does not demand prior subscription simply to browse this web page.
With regard to personal data processing, see the Privacy Policy of Inerdi Studio Creativo, S.L, at the following address: https://docs.google.com/a/madrid.ied.es/document/d/17ut92sms-spNEya5tMQDOzL5SruPK0Nih6jbV346AvU/pub
2.1.1 User Register
Pursuant to the terms set forth above, Inerdi Studio Creativo, S.L., restricts some of the services offered through the site for the users, for which it shall be necessary to fill in the relevant forms, such as, for example, the electronic commerce area.
2.2 Content and Actions by the User.
The users undertake to make licit, diligent, honest and correct use of all information or content to which they may have access, either through the web page of Inerdi Studio Creativo, S.L. or of third parties previously provided by Inerdi Studio Creativo, S.L. and all according to the principles of good faith and respect for the laws in force.
The user must abstain from obtaining, except for personal use, all information (information being understood as any message, sound files, photographs, drawings, software and, in general, any kind or type of computer file, graphic, etc..) that is owned by Inerdi Studio Creativo, S.L.
Likewise, the user acquires the commitment not to cause or maliciously or intentionally cause damages or harm that may detract from or alter this web page, its data bases and files, as well as not to introduce or spread computer viruses, Trojans or worms, or any kind of threats that may cause alterations to the content or systems forming the web of Inerdi Studio Creativo, S.L.
The commitment acquired is to govern the use of content pursuant to the terms set forth in the law, public morals or order; not to copy, reproduce, distribute, cede, transform or amend the content without prior written consent by Inerdi Studio Creativo, S.L.
In that regard, Inerdi Studio Creativo, S.L. is exonerated of any kind of computer failure or virus, or any threat introduced by third parties or due to connectivity failures, or power outages, beyond the control of Inerdi Studio Creativo, S.L., caused by providers of internet services, or any other company.
The Registered User undertakes to fulfil all the requisites established in relation to intellectual and industrial property and other similar rights.
Content of the Web Page
The web page has the main objective of providing information on the services and products of Inerdi Studio Creativo, S.L.
The Data Base of the Electronic Commerce Area contains all the necessary information the user may require, as well as constant update of the prices and full technical description of the company’s products and services.
The information provided must not be considered either complete or exhaustive at any time, due to possible variations in the products and services that exist. Inerdi Studio Creativo, S.L., on its part, shall try, to the extent of its possibilities, to constantly update the prices and any other characteristic thereof.
The registered users shall be responsible for maintaining any of their identification and contact data up to date.
Inerdi Studio Creativo, S.L., declares that the product or service offered corresponds with its technical description. Notwithstanding this, it shall be exonerated of liability in cases in which there are mistakes or variations in the technical description or price due to technical or human errors.
3. RIGHTS AND OBLIGATIONS
Inerdi Studio Creativo, S.L. shall be held liable solely and exclusively for the services it provides itself.
Inerdi Studio Creativo, S.L., undertakes to adopt the minimum security measures to allow communications security and privacy to be guaranteed. It shall not be held liable if the relevant security measures are adopted and these are breached by external agents.
Inerdi Studio Creativo, S.L. shall not be held liable, not even indirctly or under subsidiary terms, for any content, information, opinion or declaration of any kind that originates in the User or third persons or entities who have access, convey, communicate, process, exhibit or sell such information, on the web page held by web Inerdi Studio Creativo, S.L.
Inerdi Studio Creativo, S.L. reserves the right to temporarily suspend provision of the service without prior notice to the User, as long as this is necessary to perform maintenance operations, updates or improvement to the service. It may also amend the conditions of access, and/or specific location of the full content of the web page, annual accounts prevent, restrict, block, suppress or withdraw access to the services for Users when they do not make a licit, honest and diligent use of the services provided on the web page.
In the same line, it may withdraw, block or restrict use of the content introduced by third persons that is illicit, criminally racist, promotes terrorism, violation of human rights, is libellous, pornographic, constitutes fraud or any other kind that infringes the applicable laws or regulations, either national or international.
Inerdi Studio Creativo, S.L. does not assure the permanent availability and continuity of the web page due to interruptions, failures, etc., nor shall it be held liable for damages and losses the users may be caused by computer viruses or external agents that third parties may deposit on the web page or in electronic documents and files stored in the computer system.
Inerdi Studio Creativo, S.L. declares it has carried out a minimum of three antivirus checks by three different firms before uploading any file to our web and intranet pages.
Inerdi Studio Creativo, S.L. provides the Users a selection of links or related content of interest that will allow the User to access other web pages related to the corporate object of the Site or other different ones.
Inerdi Studio Creativo, S.L. shall not be held liable for the content of the web pages accessed by the users through such a section of content of interest or any other link, with regard to legal damage to honour. Thus, the users shall access such hyperlinks under their own responsibility. On its part, Inerdi Studio Creativo, S.L. shall attempt to check such hyperlinks, to the extent of its possibilities, restricting and blocking such when they breach the principle described in these General Conditions.
4. PURCHASE CONDITIONS
4.1. PERFORMANCE OF THE ORDER
In order to issue an order, the online purchase proceedings must be followed, previously having proceeded to fill in the relevant registration form, as well as click on “Issue order”. After this, the user shall receive an electronic mail to acknowledge receipt of the order (the “Order Confirmation”) with the definitive prices of the products and services acquired. We also inform you by electronic mail when the product is sent (the “Dispatch Confirmation”). It shall be necessary to send info@lasmanuelasproject.com the receipt for full payment of the order in order to complete it.
4.2. TECHNICAL RESOURCES TO CORRECT ERRORS
If you detect that there has been an error in inputting your personal data when registering as a user on this web page, you may amend this in the section “My Account”. In any event, you may correct errors related to the personal data provided during the purchase process by addressing customer service at the electronic mail address info@lasmanuelasproject.com, as well as exercise the right to correction described in our Privacy Policy through info@lasmanuelasproject.com
This web page display confirmation windows in diverse sections of the purchase process that do not allow the order to continue if the data in those sections has not been provided correctly. Moreover, that web page provides details of all the articles that have been added to the basket during the shopping process, so prior to making the payment, you may amend the data of your order.
If you detect an error in your order after conclusion of the payment process, you must immediately contact our customer care service on the telephone, or at the electronic mail address mentioned above, to correct the error.
4.3. OFFERS, PRICES, PAYMENTS AND DELIVERY TERMS
On the basis of its commercial policy, Inerdi Studio Creativo, S.L. may vary the end price, either for loyalty purposes, for bulk purchases of products of a certain entity or relevance, as well as others that may be stipulated by Inerdi Studio Creativo, S.L. at the appropriate moment. Notwithstanding this, Inerdi Studio Creativo, S.L. shall issue and voluntarily offer these discounts and/or deductions to the parties deemed appropriate, that may not be demanded or requested at any time by other Users.
The price recorded by the product from time to time includes VAT and possible handling or transport expenses when such are necessary.
Inerdi Studio Creativo, S.L. reserves the right to unilaterally amend the prices of the products without the need for prior notification. Likewise, Inerdi Studio Creativo, S.L. may award its clients with discounts for prompt payment or cash payment. Such discounts or deductions shall be provided by Inerdi Studio Creativo, S.L. freely and voluntarily and at its sole discretion.
Additional discounts and promotional gifts for quantity or order volume shall be exclusively those recorded by Inerdi Studio Creativo, S.L. in its offer and they shall be valid until expiry of the period stated.
The products shall be sent to the address you provide when purchasing. Except if there are circumstances arising from customisation of the products, or if unforeseen or extraordinary circumstances arise, we shall send you the order consisting of the related products in each Dispatch Confirmation within the term stated in the file for each product, that shall be a maximum of 30 days.
If we are not able to comply with the delivery date for any reason, we shall inform you of that circumstance and give you the order of continuing with the order by setting a new delivery date, or cancelling the order with full reimbursement of the price paid. Bear in mind, in any case, that we do not make home deliveries on Saturdays or Sundays.
For the purposes of these Conditions, the “delivery” shall be understood to have been performed, or your order will have been “delivered” at the moment when you or a third party appointed by yourself takes material possession of the products, which shall be proven.
In the event of the order being cancelled, the client must pay the costs arising from the return.
The products acquired must be paid after making the order, delivering Inerdi Studio Creativo, S.L. the amount stated therein by:
> Bank transfer to the account of INERDI STUDIO CREATIVO at BANCO POULAR ESPAÑOL, branch at calle Génova, 20 , 28004, account number IBAN ES32 0075 0322 8306 0050 7060
Once the receipt for payment is received at the address: info@lasmanuelasproject.com Inerdi Studio Creativos, S.L. shall begin to process the order.
Inerdi Studio Creativo, S.L. does not guarantee the price offered in this order for more than 7 days from its date. If payment is not made by the means stated within five days, the price may be changed.
After having received the relevant payment for an order, Inerdi Studio Creativo, S.L. shall proceed to issue and send the invoice to the address stated on in the subscription, or to another stated by the client.
The invoice shall be sent once the order is fully paid.
Inerdi Studio Creativo, S.L. shall ensure the products are delivered in an identical manner to how they are displayed on the web. However, as they are handmade products, certain characteristics may vary, especially the colours.
Inerdi Studio Creativo, S.L. may also vary these in a non substantial manner, without thus incurring any liability.
A copy of the delivery slip that details the goods of the complete order shall accompany each dispatch of tangible products. The receiver is bound to check that the number of his order and that of the delivery slip match and must also check that the number of packages stated in the carrier’s Delivery Document matches the number of packages delivered.
On delivery of the merchandise, the User must sign the delivery slip, approving the delivery made. Approval by the User on the delivery slip implies renunciation of any kind of claim or denunciation regarding the merchandise ordered and received.
Carriage of goods is insured full risk to destination by Inerdi Studio Creativo, S.L., the cost of that insurance being included in the relevant price under the heading of handling and carriage.
Both to settle the insurance as well as to correct any error in the delivery, it is an indispensable condition for any incident regarding the goods received or its packaging to be recorded in the remarks section of the carrier’s delivery document. It is also indispensable to notify Inerdi Studio Creativo, S.L. of that incident within the maximum term of 24 hours.
If those conditions are not fulfilled, Inerdi Studio Creativo, S.L. shall not accept any responsibility for such goods.
If we find it is impossible to deliver your order, we shall attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We shall also leave you a note explaining where your order is and how you can have it sent to you again, at which point the buyer shall be responsible for the expenses incurred from re-delivery. If you are not going to be at the delivery location on the date agreed, could you please contact us to arrange delivery on another day.
In the event that, once 15 days have elapsed from your order being made available for delivery and the order has not been delivered for reasons not due to us, we shall understand that you wish to desist from the contract and shall considered it terminated. As a consequence of termination of the contract, we shall reimburse 80% of the amount you paid within the maximum term of 14 days from the date we consider the contract has been terminated due to lack of delivery. Please bear in mind that the return transport to our warehouse due to the termination may have an additional cost, so we shall be authorised to charge you for the relevant costs.
4.4. GUARANTEE
If you arrange a contract as a consumer and user, we offer you guarantees for the products we shall commercialise through this web page, under the terms legally established for each type of product, thus responding for lack of compliance of such that becomes apparent within a term of two years from delivery of the product.
The products are understood to be compliant with the contract as long as (i) they fulfil the description we have made and have the qualities we have displayed on the web page, (ii) are fit for the uses to which products of the same type are normally assigned and (iii) they have the usual quality and features of a product of the same type that may fundamentally be expected.
In that sense, if any of the products does not comply with the contract, you must notify us by following the procedure detailed in section 16.5 above and through any of the means of communication foreseen for that purpose.
Craft products may often have the features of the natural materials used to manufacture them. These characteristics, such as varying texture, finishes and colour shall not be considered defects or flaws. To the contrary, their presence must be expected and appreciated. We only select maximum quality products, although natural features are inevitable and must be accepted as the individual appearance of the product.
4.5. REIMBURSEMENTS AND RIGHT TO TERMINATION
Return of any goods shall require an agreement by both parties. Inerdi Studio Creativo, S.L. reserves the right to demand compensation to cover possible damage to the merchandise, as well as to recover direct expenses arising from the return.
Inerdi Studio Creativo, S.L. shall only accept return of the goods if:
1. Within the term set for the purpose by the Law, the buyer exercises the right to return, Inerdi Studio Creativo, S.L. shall accept exercise of said right solely and exclusively when the goods are in the same state (not unwrapped) in which they were delivered, and ready for resale, with the relevant original packaging, and in a perfect state, having fulfilled the requirements established in the point that describes the delivery, except when the products have been tailored to the client’s own specifications or are clearly customised.
2. The goods are not provided within the term previously stated by Inerdi Studio Creativo, S.L. in its final order.
3. Inerdi Studio Creativo, S.L. shall also proceed to return the amount of the goods when, for causes not due to it (either direct or indirect), it is unable to dispatch them.
By virtue of the terms set forth in the Act on Organisation of Retail Trade, as well as the terms regulated under the Community law (Directive 97/7/EC), Inerdi Studio Creativo, S.L., shall grant a term of 14 days to terminate or desist from the contract, using the attached form.
Notwithstanding the foregoing, pursuant to the terms set forth in said Directive and Act on Organisation of Retail Trade, Inerdi Studio Creativo, S.L. may consider that when the products ordered by the client were clearly customised and made to the consumer’s specifications, or others determined at the time, neither said right of termination nor these general conditions shall apply, with the contract of sale signed between the parties thus prevailing. Said contract shall be issued by Inerdi Studio Creativo, S.L. and sent to the user in order to accept the conditions set forth therein and to renounce these General Conditions.
5. INTELLECTUAL PROPERTY
All the content accessed through the service provided by Inerdi Studio Creativo, S.L. is subject to Intellectual and Industrial Property Rights of Inerdi Studio Creativo, S.L. That content may not be used, duplicated, distributed, sold, exploited or in any other way applied for commercial or other purposes without prior, requisite consent by Inerdi Studio Creativo, S.L.
Likewise, Inerdi Studio Creativo, S.L. shall be responsible for obtaining permission to use brands, logos and other distinctive signs that are included in any part of the web page and that are not the property of Inerdi Studio Creativo, S.L.
All the content and parts forming the web page www.lasmanuelas.org have been included pursuant to the principles of good faith, with information that is fully or partially from sources outside the firm itself, due to which Inerdi Studio Creativo, S.L. accepts no responsibility whatsoever for such content being inexact or not up to date.
The company reserves the right or power to make any change at any time without the need for prior notice.
Inerdi Studio Creativo, S.L. shall ensure adaptation of its web page at all times to comply with any legal change or update regarding telematic services.
6. WRITTEN NOTICES
The applicable regulations demand that part of the information or communications we send be in writing. By use of this web page, you accept that most of such communications with us be electronic. We shall contact you by electronic mail or provide you information by posting notifications on this web page. For contractual purposes, you consent to use this electronic means of communication and recognise that all contracts, notifications, information and other communications we may send you by electronic means fulfil the legal requisites of being in writing. This condition shall obtain affect your legally recognised rights.
7. NOTIFICATIONS
The notifications you send us must preferably be sent through our contact form. Pursuant to the terms set forth in clause 22 above, and except for stipulation to the contrary, we may either send you communications by e-mail or to the postal address you provided when making an order.
It shall be understood that the notifications have been received and are correctly made at the very instant they are uploaded to our web page, 24 hours after an electronic mail is sent, or three days after the day any letter is franked. In order to prove that the notification has been made, it shall suffice to prove, in the case of a letter, that it had the correct address, was correctly stamped and was duly delivered at the post office or in a mail box and, in the case of electronic mail, that it was sent to the electronic mail address specified by the addressee.
8. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions shall be well received. We ask you to send us such comments and suggestions, as well as any query, complaint or claim, through our contact form, to the telephone number or postal or electronic mail address stated in clause 2 of these Conditions. We also have official complaint sheets available to consumers and users. You may request them by sending an e-mail to info@lasmanuelasproject.com
Your complaints and claims to our customer care service shall be attended within the shortest possible term and, in all cases, within the legally established term. Moreover, they shall be recorded under an identification code that we shall inform you of, to allow you to follow them up.
If you consider that your rights as a consumer have been infringed, you may submit your complaints to us through the electronic mail address info@lasmanuelasproject.com in order to request extrajudicial dispute settlement.
In that sense, if the acquisition between you and us has been formalised online through our web site, pursuant to EU Regulation No. 524/2013, we inform you that you are entitled to apply to us for out of court settlement of consumption related disputes through the Internet address http://ec.europa.eu/consumers/odr/.
9. LEGISLATION
In general terms, the relations between Inerdi Studio Creativo, S.L. and the users of the Information Society and Electronic Commerce services provided on this web site are subject to Spanish law and jurisdiction.
To exercise your right to desist, you must notify INERDI STUDIO CREATIVO at Calle Larra, 12, 28004 MADRID and by electronic mail to info@lasmanuelasproject.com of your decision to desist from the contract, by unequivocal declaration (for example, a letter sent by mail, fax or electronic mail). You may use the standard form to desist provided below, although its use is not obligatory. To fulfil the term to desist, it shall suffice to provide notice regarding your exercise of that right, sent before the relevant term expires.
Form to desist (you only need to fill in and send this form if you wish to desist from the contract):
To the attention of:
INERDI STUDIO CREATIVO
CALLE LARRA 12
28004 MADRID
I hereby notify you that I desist from my sale contract
Ordered on /received on (*):
Consumer’s name:
Consumer’s address:
Consumer’s signature (only if this form is filed on paper)
Date:
(*) Cross out whatever does not apply
Consequences desisting: Should you desist, we shall return you all the payments made, without any undue delay and, in all cases, the reimbursement shall not take more than 14 calendar days from the date when you inform us of your decision to desist under this contract. We shall proceed to make that reimbursement by the same means of payment used by you for the initial transaction, unless you have specifically stated the contrary; in all cases, you shall not incur any expense due to the reimbursement.
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*Signature (hand written) of the buyer
dd/mm/aaa