Contract General Condition
1.- IDENTIFICATION OF THE PARTIES.
In one party “PRISCILA WELTER, S.L.”, henceforth PRISCILA WELTER, whose complete identifying details are found in the Legal Notice and holder of the domain www.priscilawelter.com, henceforth Website, in another party; the User who contracts the products offered by means of the Website.
2.- APPROVAL AND MODIFICATION.
The User declares he/she has the legal capacity to contract and accepts full membership without reserve of the CGC in the version published at the time of contracting.
3.- OBLIGATIONS OF THE PARTIES.
3.1.- PRISCILA WELTER’s Obligations:
- Render the services according to the CGC in good contractual faith.
- Make available to the User the CGC and the specific conditions where appropriate.
- Submit to the User proof or receipt of the contracted products.
3.2.- User’s Obligations:
- Fulfil its entirety the established in the CGC.
- Complete the registration forms with accurate and current information. The User will be the only one responsible for the accuracy and updating existing information.
- Keep the data provided protection immediately notify of the loss, mislaying, theft, robbery, illegitimate access as well as its knowledge to third parties.
4.- AVAILABILITY OF THE PRODUCTS.
In the event of a specific unavailability of a product, the User will be informed by email of this matter and the new indicative delivery period. In the event that the product is finally not available, once you have been informed by email, you can receive a product with similar characteristics or cancel the order.
PRISCILA WELTER reserves the right to modify the product range according to production constraints.
All prices include the VAT (IVA) applicable on the day of the order, any change in the VAT (IVA) rate will be automatically applied to the prices of the products on sale. The User will be able to know the amount of these costs at the time of ordering the product.
The offers presented by PRISCILA WELTER are valid within the limit of available stocks and the time limits indicated.
6.- PAYMENT METHODS.
When placing the order, the User can pay for purchases made in PRISCILA WELTER by:
- Online payment with VISA via Virtual POS
- Online payment via PayPal
- Bank transfer
PRISCILA WELTER reserves the right to change prices and transport costs at any time. The order will be subject to the prices and delivery conditions in force at the date of receipt of the order.
7.- RISK AND PROPERTY TRANSFER.
The User acquires ownership of the products upon complete payment of all sums, including shipping costs.
The risk of loss or damage shall be transferred to the User when he/she or a third party, identified by him/her, other than the courier, has acquired the material possession. In the case that the User is the one
who commissions the courier or the courier chosen is not amongst those suggested by PRISCILA WELTER, the risk shall be transferred to the User with the delivery of the goods to the courier.
8.- DELIVERY POLICY.
- Shipping zones: PENINSULA, BALEARIC ISLANDS, CANARY ISLANDS, CEUTA and MELILLA, EU, OUTSIDE EU.
· PENINSULA: Delivery times will vary between 24/48h.
· BALEARIC ISLANDS: Delivery times vary between 72/96h.
· CANARY ISLANDS, CEUTA and MELILLA: Delivery times vary between 72/96h.
· EU: Delivery times vary between 72/96h.
· OTSIDE EU: Delivery times vary between 72/96h.
- Shipping costs:
· PENINSULA: Free delivery within the Peninsula.
· BALEARIC ISLANDS: Shipping will cost 18 euros.
· CANARY ISLANDS, CEUTA and MELILLA: Shipping will cost 18 euros.
· EU: Shipping will cost 18 euros.
· OUTSIDE EU: Shipping will cost 25 euros.
Deliveries to BALEARIC ISLANDS, CEUTA, MELILLA, CANARY ISLANDS and EU - will be free for purchases over €300 and to OUTSIDE EU - will be free for purchases over €450.
In case of personalisation of products, the delivery time will be 14 days.
The purchased products will be delivered to the person and address indicated in the order. By default, invoices will be sent to the email address indicated by the User when registering with PRISCILA WELTER.
Orders will be sent once we have checked the payment of the order if "Bank Transfer" has been selected as the payment method.
If payment has been made by credit card, the payment will be checked immediately.
An order is considered to have been delivered when the carrier delivers the package(s) to the User and the User signs the delivery receipt document. It is the User's responsibility to check the condition of the goods on receipt and to indicate any anomalies on the delivery note.
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated above, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, which was attributable to PRISCILA WELTER, could not meet the delivery date, it will contact the User to inform him of this circumstance and he may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.
If the User is not going to be at the place of delivery at the agreed time, he/she should contact PRISCILA WELTER to arrange delivery on another day. If 5 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to PRISCILA WELTER, PRISCILA WELTER will understand that the User wishes to withdraw from the contract and the contract will be deemed to be terminated.
9.- PROCEDURE, CANCELLATION AND WITHDRAWAL RIGHTS AND LEGAL GUARANTEE.
To exercise the rights to cancel, withdrawal and use of guarantee, the User shall contact PRISCILA WELTER, by phone +34 865 52 65 59 or firstname.lastname@example.org.
9.2.- Right to Cancellation.
The User will be able to cancel their order, at no cost, so long as this is communicated before the order is in possession of the carrier.
In the event of a cancellation after the order has been dispatched, the User will be responsible for the shipping costs as well as the cost of returning the order.
9.3.- Right to Return.
The deadline for any return or exchange is 7 days after receiving the order.
The deadline for any return or exchange is 7 days after receiving the order.
In case of exchange it will be exchangeable for another product of the same amount or higher, paying the difference if any, or through a voucher for the price of the product purchased with a maximum validity of 3 months. This voucher can be used both online and in any of our physical shops. A refund will only be made in the event of a defect.
The User must apply by email to: PRISCILA WELTER, return authorization, indicating the reason and order number. Returns will not be accepted without the express authorisation of PRISCILA WELTER. Once the User has received authorisation, he/she will send the products to the address specified by PRISCILA WELTER. The costs of this transport will be borne by the User, except for manufacturing defects or misunderstandings in the shipments, which will be borne by the company. Any goods returned without authorisation will be refused and will bear their own costs.
The product remains your responsibility until it reaches us. For your own protection, PRISCILA WELTER advises you to use a return shipping system that guarantees the integrity of the products.
The time interval that usually elapses until the return is effective is between 7 to 14 days from receipt of the item at our facilities.
Contact PRISCILA WELTER and they will give you the address for returning the product. Subsequently, the User will be offered a voucher for the amount of the returned products to make a future purchase in PRISCILA WELTER.
If you have received a wrong or defective product, please contact PRISCILA WELTER indicating the order number, product details and the reason for return. You have 7 days from receipt of the order to proceed with the return. The costs of return in case of error or defect in the product shall be borne by PRISCILA WELTER.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not commit PRISCILA WELTER in any way.
9.4.- Right to Withdrawal.
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from the purchase within 14 calendar days without giving any reason.
This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired the material possession of the goods purchased on the PRISCILA WELTER Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired the material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that PRISCILA WELTER makes available as an annexed part of these Conditions, however, its use is not mandatory.
In order to meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, PRISCILA WELTER will reimburse to the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and in any case no later than 14 calendar days from the date on which PRISCILA WELTER is informed of the decision to withdraw by the User.
The right of withdrawal shall be applicable provided that the contracted products are returned in the same conditions (together with their complete original packaging, labels and together with any related accessories), and accompanied by the purchase invoice. In any case, PRISCILA WELTER will determine whether these requirements are met.
PRISCILA WELTER will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, PRISCILA WELTER may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User acknowledges that there are exceptions to the right of withdrawal, as set out 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 they come sealed from the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
9.5.- Legal Guarantee.
The User has three years of guarantee from the delivery of the product. Not included in this guarantee are defects caused by negligence, impacts, improper use or handling by the User. Excepting evidence to the contrary, any lack of conformity becoming apparent within six months of delivery will be presumed to have existed at the time of delivery.
The legal guarantee includes the following rights for the User:
- If the product does not meet contractual requirements, the User will be able to demand either reparation or product substitution, unless one of these two options results to be objectively impossible or disproportionate to the detriment of PRISCILA WELTER. All costs occasioned by the exercise of this right shall be free to the User.
- The reduction of fees and the contract cancellation shall proceed, according to the User, when this one is not able to demand the reparation or substitution and in case where these were not carried out in a reasonable timeframe or without considerable inconvenience for the User. Cancellation shall not proceed when the lack of conformity is minor.
PRISCILA WELTER with address for notification provided in the Legal Notice. The email provided by the User during the registration process shall be used by PRISCILA WELTER as an address to service. All notifications made in accordance with the procedure indicated shall be considered to have been properly made.
11.- APPLICABLE JURISDICTION.
In case of litigation between the parties, territorial jurisdiction shall correspond, at the User's choice, the address of the User or the defendant.