1. GENERAL INFORMATION
The ownership of this website, www.pelldarbre.com, (hereinafter Website) is held by: Ana Margarida da Silva Fialho, with NIF: Y4346876M, and whose contact information is:
Address: Ripalda Street 29, 5, 46003 Valencia, Spain
Contact phone: 655660939
Contact email: firstname.lastname@example.org
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.pelldarbre.com) and the purchase or acquisition of products and / or services in it (in below, Conditions).
For the purposes of these Conditions, it is understood that the activity that Pell d’Arbre develops through the Website includes:
Marketing of own-produced accessories (bags, wallets, costume jewelery, etc.).
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in force at the time the purchase of products and / or services are requested will be applicable.
For all the questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.
2. THE USER
Access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, from the start of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:
- Hacer uso de este Sitio Web únicamente para realizar consultas y compras o adquisiciones legalmente válidas.
- No realizar ninguna compra falsa o fraudulenta. Si razonablemente se pudiera considerar que se ha hecho una compra de esta índole, podría ser anulada y se informaría a las autoridades pertinentes.
- Facilitar datos de contacto veraces y lícitos, por ejemplo, dirección de correo electrónico, dirección postal y/u otros datos (ver Aviso Legal y Condiciones Generales de Uso).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed mainly at Users residing in Spain. Pell d’Arbre does not ensure that the Website complies with the laws of other countries, either totally or partially. Pell d’Arbre declines any responsibility that may arise from such access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at his choice, with Pell d’Arbre the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of www.pelldarbre.com, during which various products and / or services can be selected and added to the cart, basket or final purchase space and, finally, click on “REALIZE THE REQUEST”.
Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified.
Next, the User will receive an email confirming that Pell d’Arbre has received their order or request for purchase and / or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped.
Once the purchase procedure has been concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it from Pell d’Arbre using the contact spaces on the Website or through the contact information provided above.
The User acknowledges being up to date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, its image on its page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / o cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Pell d’Arbre through the Website are subject to the availability of the products and / or to the fact that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services. If there are difficulties in the supply of products or there are no products in stock, Pell d’Arbre undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will also be applicable in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially in relation to VAT, a different question is indicated and applied.
However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due to the time of managing the shipping procedure by the User, and where he will consult the available shipping methods and costs and will freely choose the one that suits him best.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Bank transfer.
Likewise, the User may pay all or part of the purchase price with a gift card and / or a credit card issued by Pell d’Arbre and / or Ana Margarida da Silva Fialho.
Pell d’Arbre uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
If the means of payment is a gift card or credit card, the charge will be made when Pell d’Arbre sends a confirmation of the purchase order or acquisition of products and / or services to the User.
In any case, by clicking on “PLACE THE ORDER”, the User confirms that the payment method used is theirs, or that, where appropriate, they are the legitimate owner of the gift card or credit card.
Purchase or acquisition orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the system. of payments used by Pell d’Arbre for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.
Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In the event of an error, Pell d’Arbre will not be able to validate the order, which will be canceled.
In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made in the area of the following territory: Spain (Peninsula and Balearic Islands).
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived 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 on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason, attributable to it, Pell d’Arbre 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 establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, they must contact Pell d’Arbre to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Pell d’Arbre, Pell d’Arbre will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, except for the additional costs resulting from the User’s own choice of a delivery method other than the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by means of the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Pell d’Arbre receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place. at a time after the full receipt of the amount to be paid by Pell d’Arbre.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if The delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting Pell d’Arbre through the spaces contact details enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General information).
In any case, the User, before clicking on “PLACE THE ORDER”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
In the cases in which the User acquires products on or through the owner’s Website, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the Pell d’Arbre Website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the in the case of a service contract, 14 calendar days from the day the contract was concluded.
To exercise this right of withdrawal, the User must notify Pell d’Arbre of his decision. You can do so, where appropriate, through the contact spaces provided on the Website or through:
Postal address: Calle Ripalda 29, 5, 46003 Valencia, Spain
Email address: email@example.com
The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Pell d’Arbre makes available as a part attached to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, Pell d’Arbre will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the less 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 Pell d’Arbre is informed of the User’s decision to withdraw.
Pell d’Arbre will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Pell d’Arbre could retain said refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to Pell d’Arbre at: Ripalda Street 29, 5, 46003 Valencia, Spain
And it must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Pell d’Arbre was informed of the withdrawal decision.
The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory-sealed; products that for hygiene or health reasons are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User may contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by Pell d’Arbre, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.
In the following link you can download the Model withdrawal form:
Return of defective products or shipping errors
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they should contact Pell d ‘Arbre immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if the refund or, where appropriate, the replacement of the same. .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be respected.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, Pell d’Arbre responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Pell d’Arbre and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he or she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
9.EXONERATION OF LIABILITY
Unless legal provision to the contrary, Pell d’Arbre will not accept any responsibility for the following losses, regardless of their origin:
- cualesquiera pérdidas que no fueran atribuibles a incumplimiento alguno por su parte;
- pérdidas empresariales (incluyendo lucro cesante, de ingresos, de contratos, de ahorros previstos, de datos, pérdida del fondo de comercio o gastos innecesarios incurridos); o de
- toda otra pérdida indirecta que no fuera razonablemente previsible por ambas partes en el momento en que se formalizó el contrato de compraventa de los productos entre ambas partes.
Likewise, Pell d’Arbre also limits its liability in the following cases:
- Pell d’Arbre aplica todas las medidas concernientes a proporcionar una visualización fiel del producto en el Sitio Web, sin embargo no se responsabiliza por las mínimas diferencias o inexactitudes que puedan existir debido a falta de resolución de la pantalla, o problemas del navegador que se utilice u otros de esta índole.
- Pell d’Arbre actuará con la máxima diligencia a efectos de poner a disposición de la empresa encargada del transporte del producto objeto del pedido de compra. Sin embargo, no se responsabiliza por perjuicios provenientes de un mal funcionamiento del transporte, especialmente por causas como huelgas, retenciones en carreteras, y en general cualquiera otras propias del sector, que deriven en retrasos, pérdidas o hurtos del producto.
- Fallos técnicos que por causas fortuitas o de otra índole, impidan un normal funcionamiento del servicio a través de internet. Falta de disponibilidad del Sitio Web por razones de mantenimiento u otras, que impida disponer del servicio. Pell d’Arbre pone todos los medios a su alcance a efectos de llevar a cabo el proceso de compra, pago y envío/entrega de los productos, no obstante se exime de responsabilidad por causas que no le sean imputables, caso fortuito o fuerza mayor.
- Pell d’Arbre no se hará responsable del mal uso y/o del desgaste de los productos que hayan sido utilizados por el Usuario. Al mismo tiempo, Pell d’Arbre tampoco se hará responsable de una devolución errónea realizada por el Usuario. Es responsabilidad del Usuario devolver el producto correcto.
- En general, Pell d’Arbre no se responsabilizará por ningún incumplimiento o retraso en el cumplimiento de alguna de las obligaciones asumidas, cuando el mismo se deba a acontecimientos que están fuera de su control razonable, es decir, que se deban a causa de fuerza mayor, y ésta podrá incluir, a modo enunciativo pero no exhaustivo:
- Huelgas, cierres patronales u otras medidas reivindicativas.
- Conmoción civil, revuelta, invasión, amenaza o ataque terrorista, guerra (declarada o no) o amenaza o preparativos de guerra.
- Incendio, explosión, tormenta, inundación, terremoto, hundimiento, epidemia o cualquier otro desastre natural.
- Imposibilidad de uso de trenes, barcos, aviones, transportes de motor u otros medios de transporte, públicos o privados.
- Imposibilidad de utilizar sistemas públicos o privados de telecomunicaciones.
- Actos, decretos, legislación, normativa o restricciones de cualquier gobierno o autoridad pública.
In this way, the obligations will be suspended during the period in which the force majeure continues, and Pell d’Arbre will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure. Pell d’Arbre will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Pell d’Arbre are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Pell d’Arbre sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Pell d’Arbre through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Pell d’Arbre may contact and / or notify the User by email or at the postal address provided.
No waiver by Pell d’Arbre of a specific right or legal action or the lack of requirement by Pell d’Arbre of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or of the Conditions, nor will it exonerate the User from compliance with their obligations.
No resignation by Pell d’Arbre to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a resignation and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a firm resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and Pell d’Arbre in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing. by the same parts.
The User and Pell d’Arbre acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Pell d’Arbre and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send to Pell d’Arbre their complaints, claims or any other comment that they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Pell d’Arbre has official complaint forms available to consumers and users, and which they can request from Pell d’Arbre at any time, using the contact information provided at the beginning of these Conditions (General Information ).
Likewise, if a dispute arises from the conclusion of this purchase contract between Pell d’Arbre and the User, the User as a consumer may request an out-of-court solution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modified: November 20, 2020