1. GENERAL INFORMATION
The ownership of this website, https://www.almachic.es/, (hereinafter Website) is held by: Ángela Morales Cruz, with VAT: ES30985907P, and whose contact details are:
Almachic® c/ Costanillas 3 CP 14001 Córdoba, Spain. Contact telephone: +34 91 007 58 81. Email: email@example.com
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (https://www.almachic.es) and the purchase or acquisition of products and / or services in it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Almachic® carries out through the Website comprises:
Marketing and distribution of fashion products: jewellery, clothing and accessories.
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 cookies policy, and the privacy and data protection policy of Almachic®. By using this Web Site or by making and/or requesting the purchase of a product and/or service through it, the User consents to be bound by these Conditions and by all of the foregoing, so if you do not agree with all of the foregoing, you should not use this Web Site.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he or she accesses, navigates and/or uses the Web Site since those that are in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions you may contact the holder using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the beginning of the navigation through the Website, all the Conditions established here, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
Use this Web Site only for consultations and legally valid purchases or acquisitions.
Do not make any false or fraudulent purchase. If such a purchase can reasonably be considered to have been made, it may be cancelled and the relevant authorities informed.
Provide true and lawful contact information, such as email address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be at least 18 years of age and to have the legal capacity to enter into contracts through this Website. The Website is intended primarily for Users residing in Spain. Almachic® does not guarantee that the Website complies with the legislation of other countries, either totally or partially. Almachic® declines all responsibility that may derive from such access, nor does it ensure shipments or provision of services outside Spain.
The User will be able to formalize, at his choice, with Almachic® the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.
3. ALMACHIC® PURCHASING PROCESS
Duly registered Users may purchase from the Website by the established means and means. They must follow the online purchase and/or purchase procedure of https://www.almachic.es, during which various products and/or services can be selected and added to the shopping cart, basket or final shopping space and, finally, click on "Checkout".
Likewise, the User must fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data may be modified.
Next, the User will receive an e-mail confirming that Almachic® has received your order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, where appropriate, you will also be informed by email when your purchase is being sent. Where appropriate, this information could also be made available to the User through his personal space connecting to the Website.
The User may, if he so wishes, obtain a copy of his electronic invoice which will be sent to the User via e-mail, requesting it from Almachic® via e-mail firstname.lastname@example.org.
The User acknowledges being aware, at the time of purchase, of certain particular sales conditions concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of the same on its Web Site page, indicating, by way of illustration, but not exhaustive, and attending to each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and recognises that the placing of the purchase order or purchase materialises the full and complete acceptance of the particular sales conditions applicable to each case.
Unless expressly stated otherwise, Almachic® is not the manufacturer of the products sold or that may be marketed on the Website. Although Almachic® makes great efforts to ensure that the information shown on the Web Site is correct, sometimes the packaging and/or the materials and/or components of the products may contain additional or different information from that appearing on the Web Site. Therefore, the User must not only consider the information provided by the Web Site, but also the information available on the label, warnings and/or instructions that accompany the product.
All purchase orders received by Almachic® through the Website are subject to the availability of the products and/or to any circumstance or cause of force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of services. In the event of difficulties in the supply of products or products not remaining in stock, Almachic® undertakes to contact the User and reimburse any amount that may have been paid for the amount. This shall also apply in cases in which the provision of a service becomes unfeasible.
5. PRICE AND PAYMENT METHODS IN ALMACHIC®
The prices indicated on the products is the final price to the end customer. In other words, these prices include the value-added tax always mandatory in its application.
The shipping costs will be specified in the cart of the Web site depending on the shipping address. Almachic® performs the delivery and/or shipping services through different transport or courier agencies, depending on the destination and always trying to speed up the delivery as much as possible for the User.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The method of payment may be chosen at the end of the purchase process. Depending on the destination of the order the customer may choose between Bank Transfer (only for Spain), Credit Card or Debit (through BrainTree) or your Paypal account.
Credit cards will be subject to checks and authorizations by the bank issuing them, if the entity does not authorize payment, Almachic ® will not be responsible for any delay or lack of delivery and may not formalize any contract with the user.
Once Almachic® receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time when the User is sent confirmation of sending and / or confirmation of the service provided in the form and, where appropriate, place established.
Delivery can only be made to countries or areas eligible for shipping. The User will be able to see the available zones in the process of purchase when inserting his address. Almachic® does not ship to areas outside our range, even if the User takes care of transportation.
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered in the time specified on the Website according to the shipping method selected by the user and, in any case, within a maximum of 30 calendar days from the date of order confirmation.
If, for any reason attributable to Almachic®, it is unable to comply with the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Almachic®, Almachic® will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of additional costs resulting from the User's own choice of a delivery method different from the least costly method of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered resolved.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products.
The risks arising from the products will be borne by the User from the time of delivery. The User acquires ownership of the products when Almachic® receives full payment of all amounts due in relation to the purchase or purchase made, including shipping costs, or at the time of delivery, if this takes place at a time after full receipt of the amount subject to payment by Almachic®.
In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
In the same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or provision, in that Member State of the European Union in which the address on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.
For orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories. The User must bear in mind that in these territories there may be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the regulations in force, and that these could run on their part.
For the rest of locations, other than the above, where purchase orders will be located, for delivery and / or provision will apply the regulations in force at all times, the User must bear in mind that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could run on their part. For further information, the User should contact the customs office at destination.
7. PROCEDURE FOR CORRECTING ERRORS
The User is informed that in the event that he or she detects that an error has occurred when entering data necessary to process his or her purchase request on the Website, he or she may modify such data by contacting Almachic® through the contact spaces provided on the Website, and, where applicable, through those provided to contact the customer service, and/or by using the contact data provided in the first clause (General Information).
Likewise, this information may also be corrected by the User through his personal space of connection to the Web Site.
In any case, the User, before clicking on "Checkout", has access to the space, cart, or basket where their purchase requests are noted and can make changes. In the event that the User detects that their data are erroneous having been sent the order, may result in additional costs in transport for proper delivery. These costs must be paid by the User in full. Failing this, the order will become the property of Almachic® and will only be returned to the User the total amount of the order minus the transport and additional costs.
8. ALMACHIC® RETURNS
In the cases in which the User acquired products in or through the Web Site of the holder, a series of rights assist him, as they are enumerated and described next:
Right of Withdrawal
The User, as consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such purchase within 14 calendar days without justification.
This withdrawal period shall expire 14 calendar days from the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Almachic® Website or in the event that the goods making up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of conclusion of the contract.
In order to exercise this right of withdrawal, the User must notify Almachic® of its decision. They may do so, where appropriate, through the contact spaces provided on the Website or by email: email@example.com
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract.
In order to comply with the withdrawal period, it is sufficient that the communication expressing unequivocally the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, Almachic® shall reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a mode of delivery other than the least expensive offered on the Website) without any undue delay and, in any event, no later than 14 calendar days from the date on which Almachic® is informed of the decision to withdraw by the User.
Almachic® will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Almachic® may withhold such refund until it has received the products or items from the purchase, or until the User provides proof of the return thereof, whichever condition is met first.
The User may return or send the products to Almachic® at: c/ Costanillas 3-2, CP 14001 Córdoba, Spain.
And it must do so without undue delay and in any event no later than 14 calendar days from the date on which Almachic® was informed of the withdrawal decision.
The User acknowledges that it must bear the direct cost of return (transport, delivery) of the goods, if any is incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In the same sense, the provision of a service that the User may contract on this Web Site is governed by this same Law, as it establishes that the right of withdrawal shall not apply to Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been completely executed by Almachic®, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, products that are not in the same condition in which they were delivered or have suffered any damage after delivery.
Also, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, in addition to a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the terms of the contract or purchase order, and therefore, should contact Almachic® immediately and let you know the existing disagreement (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). The period may not exceed 24 hours from receipt of the order by the User or an authorized third party.
The User will then be informed on how to proceed to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, whether the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send an email confirming that the refund or replacement of the non-conforming item.
The amount paid for products that are returned because of a defect, when actually exists, will be refunded in full, including delivery costs and costs that may have incurred the user to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, will always be to the rights recognized in the legislation in force at any time for the User, as consumer and user.
The User, as consumer and user, enjoys guarantees on the products that may be acquired through this Website, in the terms legally established for each type of product, responding Almachic ®, therefore, for the lack of conformity of the same that is manifested within two years of delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Almachic® and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected from the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in delivery. However, some of the products marketed on the Web Site may have non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty right directly against them during the two years following delivery of such products. To this end, the User must have kept all information regarding the guarantee of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Almachic® shall not accept any liability for the following losses, irrespective of their origin:
any losses that were not attributable to any breach on your part;
business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred);
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the purchase and sale of the products between both parties was entered into.
Likewise, Almachic® also limits its liability in the following cases:
Almachic® applies all the measures concerning the provision of a faithful visualisation of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to the lack of resolution of the screen, or problems of the browser used or others of this nature.
Almachic® will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, roadblocks, and in general any other sector, resulting in delays, losses or theft of the product.
Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons that prevent the service from being available. Almachic® puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however is exempt from liability for reasons that are not attributable to him, fortuitous event or force majeure.
Almachic® will not be responsible for misuse and / or wear of products that have been used by the User. At the same time, Almachic® will not be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
In general, Almachic® shall not be held responsible for any failure or delay in the fulfilment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not exhaustive:
- Strikes, lockouts or other vindictive measures.
- Civil commotion, revolt, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of use of trains, boats, airplanes, motor transports or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Almachic® will have an extension in the term to comply with them for a period of time equal to the duration of the cause of force majeure. Almachic® will use all reasonable means to find a solution that allows it to fulfil its obligations despite the force majeure cause.
10. COMMUNICATION BETWEEN THE USER AND ALMACHIC®.
By using this Web Site, the User agrees that most communications with Almachic® are electronic (e-mail or notices published on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Almachic® sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with Almachic® through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Almachic® may contact and/or notify the User by e-mail, telephone or at the postal address provided.
No waiver by Almachic® of a specific legal right or action or the failure of Almachic® to require strict compliance by the User with any of its obligations shall imply either a waiver of other rights or actions arising from a contract or the Conditions or exonerate the User from compliance with its obligations.
No waiver by Almachic® of any of these Conditions or of any rights or actions arising from a contract shall be effective unless expressly stated to be a waiver and formalised and communicated to the User in writing.
If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses shall remain in force and shall not be affected by such declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document expressly referred to herein constitute the entire agreement between the User and Almachic® in relation to the object of the sale and replace any other prior agreement, agreement or promise agreed verbally or in writing by the same parties.
The User and Almachic® acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION. COMPLAINTS AND CLAIMS.
Access to, browsing and/or use of this Web Site and contracts for the purchase of products through it shall be governed by Spanish law. For any litigious matter, both parties, Almachic® and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction and exclusive competence of the Courts and Tribunals of Cordoba (Spain). They may also submit their disputes to consumer arbitration, through the adhesion of the former to the competent Consumer Arbitration System, which will also be provided by electronic means, in accordance with the procedure established in the regulations.
The User may send Almachic® their complaints, claims or any other comment they wish to make through the contact details provided in clause 1 of these Conditions (General Information).
Likewise, if the conclusion of this purchase contract between Almachic® and the User gives rise to a dispute, the User as a consumer may request an extrajudicial settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC.
This method can be accessed via the following website: http://ec.europa.eu/consumers/odr/.
These conditions of use were last modified on 9 September 2019.