The present general conditions of sale (hereinafter also “t & c”) which is owned by NEREA LÓPEZ GARCÍA (hereinafter the seller). regulate the purchase of products from clothing and accessories in www.hablarandemi.es made by any individual described as a consumer (the “Customer”) - that is to say, a natural person who concludes a contract for the satisfaction of needs of everyday life outside of the trade, business, professional, or trade (as provided for in 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) - in the e-commerce web site. www.hablarandemi.es.
The seller reserves the right not to process orders from subjects that are not covered by the legal definition of "consumer". In any case, if the buyer cannot qualify as a consumer, the purchase contract shall be governed by Spanish law, excluding the Vienna Convention of 1980 on the International Sale of Goods.
The Customer is informed that:
- the web site www.hablarandemi.es it is owned by Nerea López García, with registered address at Calle Vicente Blasco Ibáñez, 47, 28050 Madrid and TAX id: 50765701D
- Orders can be made only by persons of full age and not in terms of legal incapacity.
- The language in which the Contract is concluded is Spanish. In case of conflict between the versions of the General Conditions prepared in a language other than the language held by the user, shall prevail the meaning and interpretation of the General Conditions in the language of the user.
ARTICLE 1 - Object and conclusion of contract
With the present general conditions of sale, HablaranDeMi sold to the Customer, who buys at a distance, the Products offered for sale on the site www.hablarandemi.es (the “Site”).
The contract is concluded exclusively through the Internet network, through the Client access to the web page www.hablarandemi.es with the submission of a purchase order pursuant to the procedure provided by the site itself and its acceptance on the part of HablaranDeMi. The purchase order sent by the Customer via the Site is the equivalent of an application for conclusion of contract and is governed by the present general terms and conditions of sale, the Customer himself is obliged to accept fully and without reservation. To this end, before proceeding with the order, the Client undertakes to read these TERMS and the pre-contractual information provided on the page.
The contract of sale enters into force with the sending, by HablaranDeMi to the Customer, an e-mail confirmation of the order. The email contains the customer details, the order number, the purchase price of the merchandise purchased, shipping charges and delivery address to send the goods.
The Customer undertakes to verify the accuracy of personal data contained in the same and, without delay, notify HablaranDeMi of any correction.
In the e-mail confirmation of the order, the Customer will also receive the link to download and save a copy of the present General Conditions of Sale, as provided in art. 98 Royal Legislative Decree 1/2007, of 16 November.
ARTICLE 2 - pre-contractual Information for the consumer - art. 60 of the Royal Legislative Decree 1/2007
The CLIENT, before the conclusion of the contract of purchase, know the characteristics of the products illustrated in the product listings and individual at the time of the election on the part of the CLIENT. Before the conclusion of the contract of purchase and before the shipment of the order, the Customer will be also informed about:
-identification of the seller;
-total price of the goods, including taxes, with the details of the shipping costs and any other costs;
-forms of payment;
-the time period in which HablaranDeMi undertakes to deliver the goods;
- the conditions, terms and procedures for exercising the right of withdrawal (article 6 of the present terms and conditions), as well as the withdrawal form based on Annex B of the Legislative Royal Decree 1/2007, of 16 November;
- existence of a legal guarantee of conformity for goods purchased;
- conditions of after-sales service and commercial guarantees provided.
ARTICLE 3 - Availability of products
The availability of the products listed on the Site refers to the actual availability at the time the Customer makes the order. However, this availability should be considered as indicative, since, due to the simultaneous presence on the Site of a number of users, the Products could be sold to other Customers before confirming the order.
When the products ordered not be available due to causes beyond the control of HablaranDeMi, the order will be automatically corrected by deleting the non-available product.
The Client that accesses the Site in such you can have access to the Products available and which you can buy in the Country of location of the Site. The purchased products will be delivered exclusively in the territory of the Country of location of the Site.
ARTICLE 4 - Prices
All sale prices of products indicated on the Site are quoted in local currency and include all taxes borne by the consumer.
The shipping costs are not included in the price of the Products, but are indicated and calculated at the time of the conclusion of the purchase process and before you make the payment.
The Client can use to purchase the promotional coupons offered by HablaranDeMi as part of promotional campaigns. Such coupons can be used only in accordance with the methods indicated on the coupons themselves, may not be used retroactively and/or be transferred to third parties. It is not possible to use the cumulative number promotional coupons for the same order. If for any reason, including due to termination or return of the Customer, the total order value must be less than the value of the coupon, HablaranDeMi reserves the right to charge the original price of the goods which remain in possession of the Client. The promotional coupons will not be refunded if the buyer decides to return the goods in whole or in part.
ARTICLE 5 - Forms of payment
HablaranDeMi accepts different payment methods, including, for example, credit card, debit card, PayPal, bank transfer, cash.
If you pay with credit card, debit card and with PayPal, the actual debiting of the amount of the order will take place only when the order is complete and ready for shipment.
Payments may also be made by using promotional Coupons.
Communications related to the payment and the data communicated by the Customer in the time in which this is performed, is carried out in special lines protected. The security of payment by Credit Card is ensured through the protocol for encrypted transmission of data Transport Layer Security (TLS).
For each order made on the Site, at the time of payment, HablaranDeMi issued a receipt for the merchandise shipped. This document is available and is printable after completion of the order, in the section "orders".
ARTICLE 6 - Right of withdrawal
In accordance with the legislation in force, the Customer has the right to withdraw from your purchase without penalty and without giving any reason, within 14 days from the date of receipt of the products.
The Client wishes to exercise the right of withdrawal must be communicated by an explicit statement, that can be transmitted through either of the means indicated in the return instructions contained in the received packet with the merchandise, or else, entering the section "orders" of the page "personal Area" on the site www.hablarandemi.es with the creation of a request digitized Return or, even –if it is say a non-registered Customer through the completion of the Return form available online. In any case, the exercise of the right of withdrawal will not be subject to any formality, it being sufficient that proof in any way that is supported on the right according to the law of consumers and users.
In case of exercising the right of withdrawal, the Customer must return the goods within 14 days from the day on which she has communicated to the seller its intention to terminate the contract in accordance with art. 108 of Royal Legislative Decree 1/2007.
The goods must be returned to HablaranDeMi Servizi s. r.l. using the tag prepaid that the Customer will find inside the package with the one that came with the goods. Using this tag the direct costs of returning the products shall be borne by HablaranDeMi.
It is the responsibility of the Customer to properly follow the instructions contained in the package that you have received the goods and indicated on the Site (on the next page easy Returns and free) for the return.
The products must be returned intact, in their original packaging, complete in all its parts (including price tag, the packaging material and any documentation and accessories) and with their fiscal documents as attachments.
Without prejudice to the power to verify compliance of the above, HablaranDeMi refund the amount of the goods object of the withdrawal within a maximum period of 14 days.
The Customer is responsible for the decrease in the value of the goods resulting from the handling other than that strictly necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned Products are damaged (e.g. with signs of wear, abrasion, scratches, removal labels, removal of hanging, deformations, etc), without any of its parts and accessories (including the tags intact and still attached to the product), without the instructions/notes/manuals supplied, without packaging or original packaging, and without the certificate of warranty, in your case, the Client will respond to the decrease in heritage value of the goods, and shall be entitled to reimbursement of an amount equal to the residual value of the Product.
According to the provisions of art. 107.3 the Royal Legislative Decree 1/2007, HablaranDeMi may suspend the reimbursement until receipt of goods or until the Customer has submitted proof of returning the goods to the seller, depending on what condition is met first.
HablaranDeMi will make the reimbursement using the same method of payment chosen by the Customer during the purchase. In the case of cash payment, and if the Client intends to exercise his right of withdrawal, you must provide HablaranDeMi, entering the section "please contact us", the banking coordinates: IBAN, SWIFT and BIC are necessary for making the refund.
ARTICLE 7 - conformity Guarantee - Procedure for its use
In accordance with the purposes of the European Directive 44/99/CE and Royal Legislative Decree 1/2007, the Seller warrants to the Consumer that the Products will be free from defects in design and materials and conform to the descriptions published on the web Site for a period of two (2) years from the date of delivery of the Products to the Customer .
The arrival of the goods, the Consumer will have the responsibility of reviewing the Products in the shortest possible time and to report any defect and lack of conformity within a maximum period of two (2) months from the detection, transmitting to the Customer Service HablaranDeMi, by means of e-mail, the corresponding application form, duly filled out, with a precise indication of the defect and/or non-conformity identified, as well as the related documentation indicated in the return form itself (at least a photo of the Product, the order confirmation transmitted by the Seller and the receipt). The breach of the said term of two months shall not entail loss of the right to sanitation that is appropriate, being responsible for the consumer and user, not, however, of the damages effectively caused by the delay in the communication, as defined legally in the Law of consumers and users.
After the reception module and the related documentation, HablaranDeMi will assess the defects and lack of conformity reported by the consumer and, after performing the quality controls to verify the non-conformity of actual Product, authorize the return of Products giving the consumer a response by means of an e-mail to the address provided to you by this during the registration process on the Site. The authorization to return products does not constitute in any way recognition of defects or non-conformity, the existence of which will be established later after the restitution. If, as a result of this observation, the Products were not covered by the warranty, these will be put again at the disposal of the Client.
The Products for which the Seller has authorized the return shall be returned by the Consumer, together with a copy of the communication of authorization for the return, within thirty (30) days following notification of the defect or lack of conformity, to the following address: PVS Services Italia Srl, Strada di Gainago 2/A, 43056 Torrile, Italy.
It excludes from the application of any warranty in case of use or washing the Product does not comply with the specifications of the Product or with the instructions/warnings about provided in the documentation illustrative reference or on tags.
To take advantage of the assistance in guarantee, the Customer must retain and present your receipt of purchase.
ARTICLE 8 - terms of delivery
HablaranDeMi will only accept orders that will be delivered in Italian territory or in the States listed on the Site. The Products will be delivered by courier service to the address specified by the Customer at the time of the order within a maximum period of 30 days from the date on which the Customer receives the email of confirmation of order sent.
ARTICLE 9 - Liability
HablaranDeMi does not assume any responsibility for inefficiencies attributable to events of force majeure or unforeseeable circumstances, even when you depend on a malfunction or dysfunction of the Internet network, and that this meant that it was unable to complete the delivery at the time stipulated by these general conditions. In any case it shall not affect or impair in any way the rights of the consumer according to Law.
Both in the case of exercising the right of withdrawal as in the course of the exercise of the right of guarantee of conformity if the goods can not be accepted by the seller, as that does not comply with the requirements legally required to exercise such rights provided for in articles 6 and 7 above, it would be the responsibility and obligation of the Customer to recover in the period of 30 days, at your expense, the merchandise at your disposal.
ARTICLE 10 – final Provisions
The Products are sold with the characteristics described in the Site and according to the TERMS posted on the Site at the time that the Customer sends the order, excluding any other term or condition.
HablaranDeMi reserves the right to modify the present General Conditions of Sale at any time, at its own discretion, without prior notice to the users of the Site. All changes will be effective from the date of publication on the website and will apply only to sales made after that date of change.
Prices, Products in sale in the Site and its features, are subject to change without prior notice. Before sending the purchase order, is always reported to the Consumer upon the final sale price.
The present General Conditions of Sale consist of the totality of the clauses that compose them. If one or more provisions of these General Conditions of Sale outside/an declared a/s, invalid/s, or declared a/s as well under the law, regulations or following a decision of a court or agency of competent jurisdiction, the other provisions shall remain in full force and effect.
ARTICLE 11 - applicable Law and jurisdiction
The present General Conditions of Sale are subject to the law of the country from which the user connects. Without prejudice of the established in the present general conditions of sale, shall not be affected by the present general conditions of sale the rights granted to consumers by mandatory provisions of applicable law in the State of the latter will be prevalent.
Any dispute that does not find an amicable solution, shall be subject to the jurisdiction of the competent Court of the country from which they connect the user to. As a consumer, in addition, the Customer may also refer the matter to the courts of the member State of the European Union of its residence or domicile.
The consumer can also choose to use any of the mediation procedures provided by law to resolve any dispute arising from the interpretation and/or execution of these General Conditions of Sale by accessing the following web page: https://webgate.ec.europa.eu/odr.