INTRODUCTION
This document establishes the conditions that govern the use of the website and the purchase of products offered on it.
Please read these Conditions, our Cookies Policy and our Privacy Policy carefully before using this website. By using this website or placing an order through it, you agree to be bound by these General Contract Conditions and our Privacy Policies, so, if you do not agree with everything provided in the General Conditions of Hiring and with the Privacy Policies, you should not use this website.
If you have any questions related to the General Contracting Conditions or the Privacy Policies, you can contact us at the contact channels indicated in the following point.
OUR DATA
The sale of items through this website is carried out by CLEMENTINE BENIDORM, SL , a Spanish company with address at Avenida de Madrid, 6, CP 03503, Benidorm, (ALICANTE) , and B88254123 , with telephone 0034965225332 and email customercare@m47modas.com.
YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The personal data you provide about you will be treated in accordance with the provisions of the Privacy Policies. By making use of this website you consent to the processing of such information and data and, in turn, declare that all the information or data you provide us is true and corresponds to reality.
USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
- Make use of this website only for legally valid inquiries or orders.
- Do not place any false or fraudulent order. If it could reasonably be considered that such an order has been made, we will be authorized to cancel it and inform the relevant authorities.
- Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may make use of such information to contact you if necessary. If you do not provide us with all the information we need, we will not be able to place your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
SERVICE AVAILABILITY
The items offered through this website are only available for shipping throughout Europe, according to the shipping costs for each country.
HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure, first choosing the products that may be of interest, filling in all the data that are mandatory during the procedure and finally confirming the purchase.
You will then receive an email acknowledging receipt of your order. We will also inform you by email when your order is being sent to you.
TECHNICAL MEANS TO CORRECT ERRORS
If you detect that there was an error entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.
In any case, you can correct errors related to the personal data provided during the purchase process by contacting the customer service through the phone 0034965225332, or the email address customercare@m47modas.com, as well as exercising the right to rectification contemplated in our Privacy Policy through customercare@m47modas.com
This website shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Also, this website offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the data of your order. If you detect an error in your order after the end of the payment process, you must immediately contact our customer service, on the phone or at the email address mentioned above, to correct the error .
PAYMENT
The form of payment of the purchases will be selected during the purchase process and the payment, according to the chosen form, will be made at the end of the purchase process and will be an indispensable condition for the formalization of the purchase.
The forms of payment accepted are the following:
Payment will be made through any of the following means:
Purchases with credit or debit card; The user must provide the name of the cardholder, the number, the expiration date and the CVV. All information will be processed through the CaixaBank bank POS.
DELIVERY AND SHIPPING COSTS
All the products offered on the website are available (except for broken stock or exceptional cases), which allows us to process orders to be delivered within a period of between ____ and _____ working days from the day after the realization of the order, through the transport agency _____________.
Orders received on Fridays or holidays will be shipped the first following business day. If for any reason there is a delay in the shipment we would inform you of the estimated delivery time.
In case your order is cash on delivery, make sure you have the necessary amount when the courier arrives. Approximately, it will take ____ to ____ business days from the completion of the order. If, when attempting delivery, there is no one at the address provided by the user, the courier will leave a note of arrival indicating the telephone number to call to arrange the new delivery.
After two days without establishing contact, the company will try to locate you at the phone number you would have provided. After __ days without getting in touch, the package will be returned by courier, so it is important to make sure you provide an address where it can be easily reached.
If the order was finally returned by the courier agency due to the inability to contact the customer, the customer would be responsible for paying for the new shipment.
Once the package has been sent, the delivery address can be modified within the same population.
It is not possible to specify the exact time of delivery, just as the courier company will not contact you before the first delivery attempt.
If there is any error in your order received, please contact us and we will inform you of the best way to solve the error at no cost to you.
Shipping costs will be specified at the time of purchase. For orders over ______ €, check shipping costs.
TAX ON ADDED VALUE AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be understood to be located in the Spanish VAT application territory if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla.
The applicable VAT rate will be the one legally valid at all times depending on the specific article in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations in each of these territories.
The customer can download the invoice of the purchases made by accessing the order history with their user code. However, at any time, the client may request that a copy of the corresponding invoice be sent by telematic or paper means, at his choice.
RETURN POLICY
The user may revoke the purchase or withdraw from the contract within 14 calendar days without justification. The withdrawal period will expire 14 calendar days after you or a third party indicated by you, other than the carrier, acquired the material possession of the goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unambiguous statement (for example, a letter sent by mail, fax or email).
If the cause of the return is that the returned item is defective or does not correspond to the request in the order, CLEMENTINE BENIDORM, SL will bear the costs of the return and new shipment.
If the reason for the return is that the order does not satisfy you:
- We will refund the amount of the return discounting the shipping costs of such return, as soon as the goods have been received at our facilities.
- The refund will be made, at the latest, in 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.
- You must bear the direct cost of returning the goods.
- The reimbursement will be made using the same means of payment that was used in the initial transaction, unless you have expressly provided otherwise, and as long as it does not entail additional expenses.
- The company reserves the right to withhold the reimbursement until the goods have been received, or until you have submitted proof of the return of the goods, depending on which condition is met first.
EXCEPTIONS: Products without Right Withdrawal. Example:
Due to the specific conditions of the product and the total customization of the product, only those that are defective or have been damaged during transport may be returned.
GUARANTEE
The contractual guarantee offered is that established in Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Customers and Users.
CLEMENTINE BENIDORM, SL will respond to any breaches of conformity that are manifested within two years of delivery, as long as the client has informed us of said lack of conformity within two months of being aware of it.
RESPONSIBILITY
Unless expressly provided otherwise in these Conditions, our responsibility in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights over the materials or contents that are provided as part of the website correspond to us or to those who licensed us for their use at all times. You may make use of such material only in the manner expressly authorized by us or those who licensed us for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact information.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful.
You will not attempt to have unauthorized access to this web page, to the server on which this page is hosted or to any server, computer or database related to our web page.
You agree not to attack this web page through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of said regulations to the competent authorities and cooperate with them to discover the identity of the attacker.
Also, in case of breach of this clause, you will immediately cease to be authorized to use this web page.
We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from it or to which it redirects.
LINKS FROM OUR WEBSITE
In the event that our website contains links to other web pages and third-party materials, such links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.
WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications we send to you be in writing, however, by using this website you agree that most of said communications with us be electronic.
We will contact you by email or provide information by posting notices on this website.
For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notification, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
NOTIFICATIONS
The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of the preceding clause and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you at the time of placing an order.
It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events caused by force majeure.
The causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension in the period to fulfill those obligations for a period of time equal to the duration of the cause of force majeure.
We will use all reasonable means to end the cause of force majeure or to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
RESIGNATION
The lack of requirement on our part of strict compliance by you of any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us under of said contract or of the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver by us of a specific right or action will mean a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to you through the different means of Contact you provided us.
PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a final resolution issued by the competent authority, the remaining terms and conditions will remain in effect, without being affected by said declaration of nullity.
OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify these Terms and Conditions. We will keep you informed of the substantial changes made to them. These will not be retroactive and, with possible exceptions depending on the specific case, will be applicable after 10 days from the date of publication in the corresponding notice. If you do not agree with the modifications introduced, we recommend that you do not use our website.
APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and contracts for the purchase of products through said website will be governed by Spanish law.
These General Conditions are subject to and shall be governed in accordance with the provisions of the laws of Spain, in particular in:
- Law 7/1998, of April 13, on General Contract Conditions,
- Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws,
- Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of these data and repealing Directive 95/46 /EC,
- Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
The parties submit, for the resolution of conflicts and waiving any other jurisdiction, to the Courts and Tribunals of the domicile of the consumer.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. Please send us such comments and suggestions, as well as any questions, complaints or claims through our contact form, telephone or postal or email address indicated in Clause 2 of these General Conditions of Contract.
In addition, we have official claim sheets available to consumers and users. You can request them by calling 0034965225332 or through our contact form.
Your complaints and claims to our customer service will be addressed as soon as possible and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification code that we will put in their knowledge and will allow them to track them. If you as a consumer believe that your rights have been violated, you can address your complaints through the email address customercare@m47modas.com in order to request an out-of-court dispute resolution.
In this regard, if the acquisition between you and us has been made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an extrajudicial dispute resolution with us. in terms of consumption accessible through the address https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES