GENERAL CONTRACTING CONDITIONS.
1.1 These general conditions of contract, together with the particular conditions that may be established, will expressly regulate the relations arising between GOCO, S.L. , with address in Alicante, C/ Alvarez Sereix, 3 and with C.I.F. B-34015727 (hereinafter "marelmujer.com") and third parties (hereinafter "Users") who use the Internet portal marelmujer.com, as well as with third parties that contract the products offered through it.
marelmujer.com reserves, at all times, the right to modify unilaterally, without prior notice, and at any time the presentation and configuration of the Portal.
1.2 These General Conditions have been developed in accordance with the provisions of Law 7/1998 on General Conditions of Contracting, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions under development of Article 5.3 of Law 7/1998, Law 26/1984 General for the Defense of Consumers and Users, Law 7/1996 on the Management of Retail Trade, The Royal Decree-Law 14/1999 regulating the Electronic Signature and as many legal provisions are applicable.
1.3 By using the marelmujer.com Portal, you. acquires the status of User. Both the visit, the use and / or the acquisition of any of the products of the Portal, imply acceptance as a User, without reservation of any kind, to each and every one of the General Conditions, as well as, where applicable, to the Particular Conditions that, if applicable, govern the acquisition.
1.4 marelmujer.com may, at any time and without prior notice, modify these General Conditions, by posting such modifications on the Portal in order that they can be known to Users always before the visit to the Portal or to the acquisition of any goods offered on the Portal.
II. Products offered. Purchasing system
2.1 The products offered on the Portal, along with their features and prices will appear on the screen.
The shipping costs to the User's home of the products will also appear on the screen, which will always be at the buyer's expense. Such products will be available for sale until the end of stock. The prices indicated on the screen are in euros and include the I.V.A. and any other taxes that were applicable and are the current ones, except for typing error.
Offers will be duly indicated on the screen. marelmujer.com reserves the right to decide, at any time, the products that are contained and offered to Users through the Portal. In this way, marelmujer.com may at any time add new products to those included in the Portal, it is understood, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions in force at that time.
Likewise, marelmujer.com reserves the right to stop facilitating access, at any time and without prior notice, to any of the products offered on the Portal.
2.2. For the purchase of the products offered on the Portal, marelmujer.com will ask Users to register, for which those Users must complete the on-screen instructions that will require the following to be executed Instructions:
Complete complementation of the electronic form that appears at any time on the Portal following the instructions indicated on it.
Press the "OK" button.
Reception in the user's email account of the "Username" and "Password".
The Username and Password are personal and non-transferable. marelmujer.com may make, with the appropriate notice, modifications to the user's name and/or password, in which case the modified keys will lose their validity.
2.3 Once registered the User, and to proceed with the purchase of Products, he must add the product that he/she wants in the Shopping Cart, according to the indications collected on the screen, completing for this purpose the order form provided and sending it to marelmujer.com, which implies the reading and acceptance of all these General Conditions, as well as, where appropriate, the existing Particular Conditions. The purchase will be understood at the address of marelmujer.com, located in C/Alvarez Sereix, 3, 03001, Alicante.
2.4 Once the purchase has been made, if the buyer requests it, in the shortest possible time, always before thirty (30) days from the execution of the purchase, the Customer Service Department of marelmujer.com will send the Buyer User to the User address indicated on the form the corresponding invoice. The order confirmation sent by marelmujer.com will not be valid as an invoice, only as proof of purchase.
Ⅲ. Method of payment, delivery and withdrawal of orders
3.1 Payment of the price of the goods purchased and the shipping costs, which will appear on the screen, may be made by credit card, cash on delivery or bank transfer. To proceed with the payment, the User must follow the on-screen instructions, providing the following information:
For credit card payments, please provide:
As an electronic payment system, marelmujer.com is attached to Banco Popular's e-commerce payment gateway. All data provided for this purpose is encrypted under the Secure Socket Layers (SSL) protocol to ensure maximum security.
3.2 marelmujer.com undertakes to deliver the goods purchased by the User, at the address of the buyer indicated for this purpose in the order form (no products will be delivered in PO Boxes, nor locutorios), as soon as possible and, in any case, , always before thirty (30) calendar days from the date of formulation of the order. The shipping costs of the purchased items will be paid by the Buyer.
3.3. The User-Buyer will have a period of seven (7) working days, according to the official calendar of his place of residence, to resolve the sale without incurring any penalty or expense, including the expenses corresponding to the return of the good.
The period of seven days laid down in the preceding paragraph shall be calculated from the receipt by the purchaser of the purchased goods.
Returns of orders must be sent to the address of marelmujer.com, C/Alvarez Sereix, 3, 03001, Alicante. Exercised by the buyer the right of resolution, marelmujer.com will refund the amounts received by credit, without any retention, immediately and never within thirty days. Notwithstanding the foregoing, the right of resolution (withdrawal) is excluded in cases where by the nature of the content of the services it is impossible to carry out, without prejudice to the claim of the damages suffered.
Ⅳ. Intellectual and industrial property.
4.1 All contents displayed on the Portal and in particular designs, graphics, logos, photographs of garments, trade names or any other signs susceptible of industrial and commercial use are subject to property rights intellectual and industrial marelmujer.com or third party owners who have duly authorized their inclusion on the Portal.
All industrial and intellectual property rights are reserved for the elements that make up the graphic design of its website, texts, images and any other content of the "website" or, in any case, has authorization for the use of elements.
4.2 Under no circumstances shall any license be granted or any waiver, transfer, total or partial transfer of such rights or any right, and in particular, of alteration, exploitation, reproduction, distribution or public communication content without the prior express authorization of marelmujer.com or the corresponding holders.
V. Responsibility of marelmujer.com
5.1 marelmujer.com as a trademark of GOCO, S.L. , will only be liable for damages that the User may suffer as a result of the use of the Portal when such damages are attributable to a willful action of the same. The User acknowledges and accepts that the use of the Portal, as well as the acquisition of the products is at his/her own risk and his/her entire responsibility.
5.2 marelmujer.com is not responsible for any damages that may arise from, but not limited to, but not limited to.
– Inferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational operation of this electronic system or in the computer equipment and equipment of the Users, motivated by causes beyond marelmujer.com, that prevent or delay the placing of orders or navigation through the portal;
– Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems;
– That they may be caused by third parties through unlawful intrusions outside the control of the Portal and that are not attributable to marelmujer.com;
– Divergences in the information, documentation and/or other content of the Portal that may exist between the electronic version and the printed version;
– The impossibility of giving the Service or allowing access for reasons not attributable to marelmujer.com, due to the User, to third parties, or to cases of force majeure.
5.3 marelmujer.com does not generally control Users' use of the Service.
In particular marelmujer.com does not guarantee under any circumstances that Users use the Service in accordance with the law, these General Conditions, generally accepted morals and good customs and public order, nor that they do so in a way diligent and prudent.
Saw. User obligations
6.1 In general, the User undertakes to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the Portal and always act in accordance with the law, good customs and the demands of good faith, using the diligence appropriate to the nature of the service it enjoys, refraining from using the Portal in any way that may prevent, damage or impair the normal functioning of the same, the goods or rights of marelmujer.com, its suppliers, the rest of Users or in general of any third party.
6.2 Specifically, and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes, in the use of the Portal, as well as in the acquisition of the Products to:
– In the case of registration, the User undertakes to provide the data provided truthfully and to keep them updated.
– Do not introduce, store or disseminate in or from the rtal, any information or material that was defamatory, insulting, obscene, threatening, xenophobic, incites violence to discrimination on the basis of race, sex, ideology, religion or that in any way violate the form, public order, fundamental rights, public freedoms, honour, privacy or image of third parties and in general the current regulations.
– Do not introduce, store or disseminate through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the Portal, in any of the Services, or on any of the equipment, systems or networks of marelmujer.com, any User, the marelmujer.com or in general of any third party, or that is otherwise capable of causing them any kind of alteration or prevent the normal functioning of them.
– To properly guard your username and password, as identifying elements and enablers for access to the purchase of products, committing not to assign their use or to allow access to them from third parties, assuming responsibility for the damages that may arise from misuse thereof. Likewise, the user undertakes to communicate to marelmujer.com, as quickly as not, their loss or theft as well as any risk of access to the username and / or password by a third party.
– Do not carry out advertising, promotional or commercial exploitation activities through the Portal, not using the contents and in particular the information obtained through the Portal to send advertising, send messages for direct sales purposes or with any other commercial purpose, or to collect or store personal data of third parties.
– Do not use false identities, or impersonate others in the use of the Portal or in the use or acquisition of any of the Products, including the use in your case of passwords or access keys of third parties or in any other way.
– Do not destroy, alter, disable or damage the data, information, programs or electronic documents of marelmujer.com, its suppliers or third parties.
– Do not introduce, store or disseminate through the Portal any content that infringes the intellectual property rights, industrial or business secrets of third parties, nor in general any content of which it does not have, in accordance with the law, the right to make it available to third parties.
For the purposes of these General Conditions, and for any communication that is accurate between marelmujer.com and the User, they must be directed to the Customer Service Department by email (sending a message to firstname.lastname@example.org) or by written communication addressed to the Customer Service Department of marelmujer.com. C/Alvarez Sereix, 3, 03001, Alicante.
The communications of marelmujer.com to the User will be made according to the data provided by the latter when registering on the Portal.
Viii. Applicable law. Arbitration
8.1 This contract shall be governed by Spanish law, which shall apply to the provisions of this contract in matters of interpretation, validity and execution.
8.2 In the event of any discrepancy or complaint between the parties regarding the performance or content of these General Conditions, the parties shall negotiate in good faith to attempt to resolve such discrepancy or claim within the maximum period of one (1) month from the date on which either month formally notifies the other that the discrepancy has arisen or notifies the claim.
In the event that the discrepancy or claim is not resolved within the maximum period indicated, the parties, expressly waiving any jurisdiction that may correspond to them, submit the decision of the matter referred to the Arbitration Institution of the Association Spanish Technological Arbitration (ARBITEC), which is entrusted with the administration of the arbitration and the appointment of arbitrators in accordance with its Rules and Statutes.
The parties are also obliged to accept and comply with the decision contained in the arbitral award. If the arbitration is not carried out by mutual agreement or is declared void, both parties submit to the Courts and Tribunals of Madrid, expressly waiving their own jurisdiction, if this were another.
PERSONAL DATA PROTECTION POLICY.
1.1 For the purposes of Organic Law 15/1999, of December 13, Protection of Personal Data, marelmujer.com informs the User of the existence of an automated file of personal data created with the data obtained on the Portal by and for marelmujer.com, and under its responsibility, for the purposes of information and marketing of the products offered on the Portal, as well as the realization of promotional and advertising activities that may be of interest, to expand and improve our Products by adapting our offers to your preferences or needs and to allow personalized navigation.
1.2 The user expressly accepts the inclusion of the data collected during the navigation of the Portal, or provided by complementing any form, as well as those derived from the commercial relationship and / or delivery of the products purchased, in the automated file of personal data referred to in the first section. During the data collection process, the User will be informed of the mandatory or non-mandatory nature of collecting such data for the delivery of the Products, except for the placing of orders in which case marelmujer.com informs from this moment to the User that it is not it will be considered voluntary, so it will be necessary to include it for the formalization of the purchase order, to provide the details relating to the identity, address and credit card number to make the payment, since this data is necessary for the formalization and completion of the sale.
1.3 The User may exercise, with respect to the data collected in the manner provided for in the previous paragraph, the rights recognized in Organic Law 15/1999, and in particular the rights of access, rectification or cancellation of data and opposition, if relevant, as well as the revocation of consent for the transfer of their data. The rights referred to in the preceding paragraph may be exercised by the User, by written and signed request addressed to the following address: Customer Service Department of marelmujer.com, C/Alvarez Sereix, 3, 03001, Alicante, or by sending an email to the address email@example.com providing all their registration data.
1.4 marelmujer.com undertakes, in the use of the data included in the file, to respect its confidentiality and to use them in accordance with the purpose of the file, as well as to comply with its obligation to keep them and to take all measures to prevent alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation on Security Measures of automated files containing personal data, approved by Royal Decree 994/1999, of July 11.