Contract terms and conditions
Contract terms and conditions
General conditions applicable to orders placed by phone or through the email of Marian Delgado.
These are the general conditions of sale (“Conditions”) of Marian Delgado, with address C/ Torillo s/n, 13440 Argamasilla de Calatrava, Ciudad Real.
These conditions are applicable to all purchases of items in Spain (excluding the Canary Islands, Ceuta and Melilla) when the order has been made by phone or email firstname.lastname@example.org. Please read this document carefully before placing an order.
By accepting the general conditions during the order confirmation, you confirm that you accept these Conditions unconditionally.
Not all articles that may appear on the web are available. If they are not, the delivery time is from three to four weeks. In order not to have any type of problem, we recommend that you consult through the telephone number 607 08 50 73 or the email email@example.com to check if the items are available.
These Terms may be changed from time to time.
All users of the website can print or save these Conditions in electronic format. While they are published on the website, the Conditions will apply to all transactions made.
1. SCOPE OF APPLICATION
1.1. In these Conditions:
1.1.1. “Client” is understood as any person who acts as a client who acquires goods outside the framework of his business or commercial activity;
1.1.2. “You” means any Customer who places an order for items;
1.1.3. “Items” means items that are supplied in accordance with these conditions;
1.1.4. “Party” means either you or us, while the plural “parties” refers to you and us;
1.1.5. The expression “in writing” means by ordinary mail, fax or electronic mail.
1.2. The contract for the supply of articles (“Contract”) is generated by the acceptance of your order. The acceptance of an order by us can only be made in writing. Once the contract is generated, we will file a paper copy of it in our records. All orders are subject to availability.
1.3. Only Customers over 18 years of age can place orders.
1.4. For the purposes of deciding whether or not to accept your order, we may carry out a credit check, in which case we will only accept the order if the result of said check is satisfactory. You confirm that you agree to such verification.
1.5. These Conditions can only be modified by virtue of a document signed by one of our Representatives.
1.6. These terms and any provisions included in our receipt constitute the entire agreement between you and us, and supersede any prior agreements, representations (unless fraudulent) or undertakings.
1.7. We can correct any errors or omissions included in sales or advertising documents, whether in newspapers, magazines, the Internet or other media, or in invoices or other documents issued by us, without incurring any liability.
1.8. By accepting the contract, you confirm that you are a Client residing in Spain (excluding the Canary Islands, Ceuta and Melilla).
1.9. These Conditions are adjusted in all respects to Law 7/196, of January 15, on the Regulation of Retail Trade (Distance Selling), as well as Law 34/2002, of July 11, on Company Services Information and Electronic Commerce.
1.10. The headings of the clauses are included for reference only and do not affect the interpretation of these conditions. Singular words include the plural, and vice versa.
2. IDENTIFICATION OF THE BIDDER
Marian Delgado, with address Paseo San Gregorio 84, 2E, 13500 Puertollano (Ciudad Real). (Hereinafter, “we” and other derived pronouns).
3. INFORMATION REGARDING THE ARTICLES
The information regarding the range of Articles selected through our website is available, with the product references, through email and on the website. All orders are subject to availability.
4.1. The price of the ordered articles will be informed to you by email before confirming it, and will be final in the written confirmation that you will receive with the delivery of the articles. All prices are shown in Euros (€) with VAT included and WITHOUT free shipping, except for those specific cases provided.
4.2. If an error is detected in the price of the items ordered, we will inform you as soon as possible and offer you the option of reconfirming your order with the correct price, or canceling it. If you cancel, we will refund any amount you have paid.
5.1. You must pay for the items before they are shipped by bank transfer. The account number will be sent by email. Payment must be made in Euros.
6.1. The delivery of the items ordered will be made during normal business hours at the address indicated when placing the order, after confirmation of payment.
The delivery will be made by express courier service (except for “special or on request” items that will be delivered in a longer time, of which the customer would be informed at the same time of making the purchase).
6.2. If there is no one at the indicated address who can accept the delivery of the items, you must contact the courier service used to agree on a new delivery date or place of collection of the items.
6.3. No delivery will be made until payment for the items has been received. Every effort will be made to deliver the items as soon as possible after the order is accepted. Any delivery dates or times stated by us are best estimates only and we shall not be liable for any loss or damage sustained as a result of reasonable or unavoidable delays in delivery. Our goal is to deliver the items within 30 days, and if there is stock, within a period not exceeding 7 working days.
6.4. Please note that all packages containing items will be weighed prior to dispatch.
6.5. At the time of delivery both the ownership of the items and the risk of damage associated with them would be transferred to you.
6.6. In the event that, at the time of delivery, the packaging is damaged, you will be asked to open the package in the presence of the carrier to verify the condition of the items. If damage to the items is observed, you must detail them on the delivery note and contact Marian Delgado (see following clause 10) within 24 hours of receiving the item.
7. LIMITATION OF LIABILITY
7.1. We will have no liability to you in connection with any representations (unless fraudulent), or other express or implied terms of contract for:
7.1.1. Losses that the parties could not reasonably foresee at the time the contract was created, derived from the supply of articles or related services, or from their use by you;
7.1.2. Losses not caused by default or negligence on our part;
7.2. No provision of this contract implies a limitation of our legal guarantee for lack of conformity of the product with the contract, nor a limitation of our civil liability for defective products.
7.3. We will repair or replace items damaged or lost in transit when delivered by our carrier, free of charge, provided that:
7.3.1. Notify us in writing of such damage or loss within 24 hours of the delivery date, in the event of damage, and 24 hours after the expected delivery date stated when placing your order, in the event of loss, to be able to adjust to the transport conditions of our carrier.
7.3.2. Send us a receipt or other document referring to the articles in question, together with (in the event of a damage claim) the original packaging of the articles.
8. RIGHTS OF WITHDRAWAL
8.1. Except for “special or made-to-order” items, you have the right to withdraw from the contract within seven business days of receiving the items. Business days are understood to be any day, except Sundays and holidays.
8.2. To exercise your right of withdrawal before the delivery of the items, you must send us a written notification, by hand or by mail, to Paseo San Gregorio 84, 2E, 13500 Puertollano (Ciudad Real) or by email to: marian @mariandelgado.com, with information about the items ordered and (when applicable) their delivery.
If the right of withdrawal was exercised before the delivery of the items but after their dispatch, the customer must return the items to us under the conditions provided in article 9.3, and within a period of seven (7) business days from your reception.
8.3. If you exercise your right of withdrawal after the items have been delivered, you will be responsible for returning the item to us within seven (7) business days of receipt, and at your own expense (unless, upon receipt of the items, we consider that are defective, in which case we will refund or pay the cost of the return) in its original packaging, together with the original invoice, to the following address: Prolongacion calle Torillo s/n, Argamasilla de Calatrava, 13440 (Ciudad Real). You must use a certified mail service or other means that provides proof of postage and delivery date.
8.4. If you do not return the item in accordance with what is indicated in these conditions, we will charge you an amount not greater than the direct cost of recovering said items.
8.5. Upon receipt of the returned items and within 30 days at the latest, we will refund or credit any amount you paid for the items. If you prefer, you can also exchange the ordered items for others.
8.6. No refund will be made for items that the customer returns incomplete, damaged or dirty.
8.7. When using the gift service, only you can exercise the right of withdrawal from the contract in application of this clause, and in no case the recipient of the gift.
The gift service consists of the delivery of the items you have purchased to the address you indicate, different from yours.
9. EXCHANGE OF ARTICLES
9.1. When purchasing items from retailers they must be in accordance with the contract. In case of non-conformity with the contract, you can claim the replacement or repair of the items to the seller. If there are any problems with the items, please let us know.
9.2. In addition to the legal rights that assist you, we offer our clients a policy of changing delivered items (except “special or on request” items), in accordance with the following conditions:
Within 20 days of the delivery date, you can choose between:
9.2.1. Return the items in question in perfect condition, in their original packaging, together with the original invoice and return coupon, to the following address: Prolongación calle Torillo s/n, 13440 Argamasilla de Calatrava (Ciudad Real). You are responsible for obtaining proof of the return of the items by sending them by certified mail or other means that provides proof of the date of postage and delivery. The cost of returning the items will be at your expense. We will not be able to make any new deliveries until we have received the returned items.
9.2.2. If the items are changed, the initial sale will be void. The payment of the new transaction will be compensated with the amount of the previous sale. The eventual balance in your favor will be paid through the delivery of a credit note, which will be valid for three months from the date of delivery of the same.
9.2.4. In case of changing items by mail, the new sale will be subject to these Conditions.
10. ADDITIONAL INFORMATION
If you want more information about these conditions, or about the items themselves, contact us at 607 08 50 73.
11. DELAY OR NON-PERFORMANCE
We will not be liable to you in the event that we are unable or delayed in meeting any of our obligations due to causes beyond our reasonable control, including (but not limited to): acts of God, explosion, flood, fire or accident; wars or civil disturbances; strikes, union actions or work stoppages; any form of government intervention; acts or omissions of third parties; breaches of our provider(s); Your failure to provide us with the shipping address or to notify us of a change of address.
We will inform you of any unforeseen event or cause of force majeure of these characteristics within seven days of its occurrence. In the event that the interruption lasts for more than two weeks, you will have the right to cancel the order and we will refund the money according to clause 9 of these conditions.
12. USE OF CUSTOMER PERSONAL DATA
In compliance with Organic Law 15/1999, of December 13, on the Protection of Personal Data, we inform you that the personal data you provide us through the website www.ironlook.es, will be treated confidentially and will pass to be part of a file owned by Marian Delgado, which has been duly registered with the Data Protection Agency (www.agpd.es).
Your personal data will be used only to be able to carry out the registration on this website, as well as to be able to manage and provide the services contracted through it. Your personal data may be kept to respond to your request and to send (by ordinary or electronic channels) information related to our activity that may be of interest to you, until you indicate otherwise.
Likewise, and in accordance with the provisions of the Law on Services of the Information Society and Electronic Commerce, in this act you authorize us to send you information related to our activities and complementary services. You can revoke this authorization at any time you wish by sending an email to the address firstname.lastname@example.org, or by post to the address: C/ Torillo s/n, 13440 Argamasilla de Calatrava, Ciudad Real. Likewise, we inform you that you can exercise your rights of access, rectification, cancellation and opposition in accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, by sending an email to marian@mariandelgado. com, or a letter along with a photocopy of your ID, to the following address: C/ Torillo s/n, 13440 Argamasilla de Calatrava, Ciudad Real.
13. APPLICABLE JURISDICTION
13.1. The contract is governed by Spanish law, and the courts of Puertollano (Ciudad Real) will enjoy exclusive jurisprudence to resolve any dispute arising from it.
13.2. Any waiver by us of your breach of contract shall not be deemed a waiver of any subsequent breach of the same or any other provision.