LEGAL NOTICE AND GENERAL CONDITIONS OF USE
I. GENERAL INFORMATION
In compliance with the duty of information provided in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information about this website is provided below:
The ownership of this website, www.demoraes.es, (hereinafter, Website) is held by: Covadonga López Carrasco, with NIF: 71637834x, and whose contact details are:
Address: C/ Felix Aramburu 7, 4º, 33007 Oviedo
Contact telephone number: 625657632
Contact email: demoraesinfo@gmail.com
II. GENERAL TERMS AND CONDITIONS OF USE
The purpose of the conditions: The Website
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated into both the screen interfaces and the navigation tree (hereinafter, Contents) and all those services or online resources that it may offer to Users (hereinafter, Services).
6. DELIVERY
In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands) and part of Europe
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation 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 the order confirmation.
If for any reason attributable to it, DEMORAES is unable to meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to continue 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 delivery of the order is impossible 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 delivered again.
If the User is not going to be at the delivery location during the agreed time slot, he or she must contact DEMORAES to arrange delivery on another day.
If 30 days have passed since the order was available for delivery and it has not been delivered for reasons not attributable to DEMORAES, DEMORAES will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires physical possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.
Any 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 DEMORAES 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 this takes place at a time after the full receipt of the amount to be paid by DEMORAES.
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 deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.
DEMORAES reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time DEMORAES may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.
Access to the Website by the User is free of charge and, as a general rule, is free of charge without the User having to provide any compensation in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
The use of any of the Contents or Services of the Website may be done through prior subscription or registration of the User.
The User
Access, navigation and use of the Website confers the status of User, so that, from the start of navigation on the Website, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them each time he/she visits the Website.
The DEMORAES Website provides a wide variety of information, services and data. The User assumes his/her responsibility to make correct use of the Website. This responsibility will extend to:
A use of the information, Contents and/or Services and data offered by DEMORAES that is not contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may cause injury to the rights of third parties or the operation of the Website itself.
The veracity and legality of the information provided by the User in the forms provided by DEMORAES for access to certain Contents or Services offered by the Website. In any case, the User will immediately notify DEMORAES of any event that allows the improper use of the information recorded in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.
Mere access to this Website does not imply establishing any type of commercial relationship between DEMORAES and the User.
Always in compliance with current legislation, this DEMORAES Website is aimed at all persons, regardless of their age, who can access and/or browse the pages of the Website.
The Website is primarily aimed at Users residing in SPAIN. DEMORAES does not guarantee that the Website complies with the legislation of other countries, either totally or partially. If the User resides or has his/her domicile in another place and decides to access and/or browse the Website, he/she will do so under his/her own responsibility, and must ensure that such access and browsing complies with the local legislation applicable to him/her, with DEMORAES assuming no responsibility that may arise from such access.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
DEMORAES does not guarantee the continuity, availability and usefulness of the Website, or of the Contents or Services. DEMORAES will do everything possible to ensure the proper functioning of the Website, however, it is not responsible for or guarantees that access to this Website will not be uninterrupted or error-free.
It is also not responsible for or guarantees that the content or software that can be accessed through this Website is error-free or causes damage to the User's computer system (software and hardware). In no case will DEMORAES be responsible for losses, damages or losses of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
DEMORAES is also not responsible for any damage that may be caused to users due to inappropriate use of this Website. In particular, it is not responsible in any way for any telecommunications failures, interruptions, lack or defect that may occur.
IV. LINKING POLICY
The User or third party who creates a hyperlink from a web page of another, different, website to the DEMORAES Website must know that:
The reproduction - in whole or in part - of any of the Contents and/or Services of the Website is not permitted without the express authorization of DEMORAES.
Nor is any false, inaccurate or incorrect statement about the DEMORAES Website, or about the Contents and/or Services thereof, permitted.
With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website protected as intellectual property by the Spanish legal system, unless expressly authorized by DEMORAES.
The establishment of the hyperlink will not imply the existence of relations between DEMORAES and the owner of the website from which it is made, nor the knowledge and acceptance by DEMORAES of the contents, services and/or activities offered on said website, and vice versa.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY
DEMORAES, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will therefore be works protected as intellectual property by the Spanish legal system, and both Spanish and community regulations in this field will be applicable to them, as well as international treaties relating to the matter and signed by Spain.
All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorization of DEMORAES, are expressly prohibited.
The User undertakes to respect the intellectual and industrial property rights of DEMORAES. The User may view the elements of the Website or even print them, copy them and store them on the hard drive of his/her computer or on any other physical medium, provided that this is exclusively for his/her personal use. The User, however, may not delete, alter or manipulate any protection device or security system installed on the Website.
If the User or a third party considers that any of the Contents of the Website constitutes a violation of intellectual property protection rights, he/she must immediately notify DEMORAES through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VI. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
DEMORAES reserves the right to file any civil or criminal actions it deems necessary for improper use of the Website and Contents, or for non-compliance with these Conditions.
The relationship between the User and DEMORAES shall be governed by the regulations in force and applicable in Spanish territory. If any dispute arises in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law.
This Legal Notice and General Conditions of Use document for the website has been created using the online legal notice and conditions of use template generator on 05/17/2023.
GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website www.demoraes.es, (hereinafter Website) is held by: Covadonga López Carrasco, with NIF: 71637834x, and whose contact details are:
Address: C/ Felix Aramburu, 7, 4º, 33007 Oviedo
Contact telephone number: 625657632
Contact email: demoraesinfo@gmail.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.demoraes.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that DEMORAES carries out through the Website includes:
Online jewelry store
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of DEMORAES. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of this, you should not use this Website.
Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those that are in force at the time when the acquisition of products and/or services is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment navigation on the Website begins, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
Using this Website only to make legally valid inquiries and purchases or acquisitions.
Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed.
Provide true and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The Website is primarily aimed at Users residing in Spain. DEMORAES does not guarantee that the Website complies with the laws of other countries, either totally or partially. DEMORAES declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.
The User may, at his/her discretion, formalize with DEMORAES the contract of 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
Duly registered Users can purchase on the Website by the established means and methods. They must follow the online purchase and/or acquisition procedure of www.demoraes.es, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "Place order"
Likewise, the User must fill out and/or check the information requested at 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 DEMORAES has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, they will also be informed by email when their purchase is being sent. Where appropriate, this information may also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice that will be sent to the User via email and, where appropriate, through his/her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice in paper form, by requesting it from DEMORAES using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, 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, image of it on its page on the Website, indicating, by way of example, but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, manner in which they will be carried out and/or cost of the services; and acknowledges that placing a purchase or acquisition order materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that occur during the transactions carried out on the Website may be archived and kept in the computerised records of DEMORAES in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by DEMORAES through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are difficulties in the supply of products or if there are no products in stock, DEMORAES undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially in relation to VAT.
Shipping costs will be applied during the purchase process. Thus, DEMORAES carries out delivery and/or shipping services through: Correos, Seur, GLS.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, 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.
Accepted payment methods will be: Credit or debit card, PayPal and Klarna
DEMORAES uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to checks and authorizations by the bank that issued them.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the data by contacting DEMORAES through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through his/her personal connection space on the Website.
In any case, the User, before clicking on "Place order", has access to the space, cart, or basket where his/her purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User purchases products on or through the owner's Website, he/she has a series of rights, as listed and described below:
Right of Withdrawal
The User, as a 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 after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the DEMORAES Website or, in the event that the goods comprising the order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that comprised the same purchase order, or in the case of a service contract, 14 calendar days after the day on which the contract was concluded.
To exercise this right of withdrawal, the User must notify DEMORAES of his decision. He may do so, where appropriate, through the contact spaces enabled on the Website.
The User, regardless of the means chosen 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 withdrawal form model that DEMORAES makes available to them as an annex to these Conditions, however, its use is not obligatory.
To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
DEMORAES will reimburse the User using the same payment method that the User used to make the initial purchase transaction, but it must be taken into account that the cost of shipping costs will be deducted since the purchase will not be made. However, DEMORAES may retain said reimbursement until it has received the products or items of the purchase, or until the User presents proof of the return of the same, depending on which condition is met first.
The User may return or send the products to DEMORAES at: C/ Felix Aramburu 7, 4º. 33007 Oviedo
The User must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which DEMORAES was informed of the decision to withdraw.
The User acknowledges that he/she is aware that he/she must assume the direct cost of returning (transport, delivery) the goods, if any. In addition, he/she will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that he/she is aware 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 sealed at the factory; products that for reasons of hygiene or health are
9. DISCLAIMER
Unless otherwise provided by law, DEMORAES shall not accept any liability for the following losses, regardless of their origin:
any losses which were not attributable to any breach on its part;
business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenditure); or
any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was entered into between the parties.
Likewise, DEMORAES also limits its liability in the following cases:
DEMORAES applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies which may exist due to a lack of screen resolution, or problems with the browser used or others of this nature. DEMORAES will act with the utmost diligence to make the product subject to the purchase order available to the company in charge of transporting it. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, roadblocks, and in general any other causes typical of the sector, which result in delays, loss or theft of the product.
Technical failures that, for fortuitous or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. DEMORAES uses all means at its disposal to carry out the purchase, payment and shipping/delivery process of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
DEMORAES will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, DEMORAES will not be held responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
In general, DEMORAES will not be held responsible for any failure or delay in the fulfillment of any of the obligations assumed, when this is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:
Strikes, lockouts or other protest measures.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, airplanes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and DEMORAES will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. DEMORAES 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 communications with DEMORAES will be electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that DEMORAES 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 may send notifications and/or communicate with DEMORAES through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, DEMORAES may contact and/or notify the User by email or at the postal address provided.
11. WAIVER
No waiver by DEMORAES of a specific right or legal action or the lack of a requirement by DEMORAES of strict compliance by the User of any of its obligations shall constitute a waiver of other rights or actions derived from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.
No waiver by DEMORAES of any of these Conditions or of the rights or actions derived from a contract shall have any effect.
