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Firma

Purchase conditions

1. INTRODUCTION
This document (together with the documents referred toherein) sets out the conditions governing the use ofthiswebsite and the purchase of products on it (hereinafterreferred to as the “Terms”).
Please read the Terms carefully before using this website. Byusing this website or placing an order throughit, you consentto be bound by these Terms, so if you do not agree with all ofthe Terms, you should not usethis website.
These Terms are subject to change. It is your responsibility toread them periodically, since the conditions inforce at the timeof use of the website or conclusion of the Contract (as definedbelow) will be thoseapplicable to you.

2. OUR DATA
The sale of items through this website is carried out under thename Marta Mengod

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The information or personal data you provide to us about youwill be treated in accordance with the PrivacyPolicy. By usingthis website you consent to the processing of such informationand data and declare that anyinformation or data you provideto us is true and true.

4. USE OF OUR WEB PAGE
By making use of this website and/or placing orders throughit, you agree to:
Use this website only for legally valid queries or orders.
Do not place any false or fraudulent orders. If such a requestcould reasonably be considered to have beenmade, we shall beentitled to cancel it and inform the appropriate authorities.
Provide us with your email address, postal address and/orother contact details truthfully and accurately. Youalso agreethat we may use such information to contact you if necessary(see our Privacy Statement).
If you do not provide us with all the information we need, wewill not be able to process your order.
By placing an order through this website, you declare that youare over 18 years of age and have legalcapacity to enter intocontracts.


5. CELEBRATION OF THE CONTRACT
The information contained in these Terms and Conditions andthe details contained on this website do notconstitute an offerto sell, but an invitation to contract. There shall be no contractbetween you and us relatingto any product until your orderhas been expressly accepted by us. If your offer is not acceptedand a chargehas already been made to your account, theamount will be refunded in full.
To place an order, you must follow the online purchaseprocedure and confirm payment. After this, you willreceive anemail acknowledging receipt of your order (the “OrderConfirmation”). Please note that this doesnot mean that yourorder has been accepted, as it constitutes an offer that youmake to us to purchase one ormore products. All orders aresubject to our acceptance, of which you will be informed via anemail confirmingthat the product is being shipped (the“Shipping Confirmation”). The contract for the purchase of aproductbetween you and us (the “Agreement”) will befinalized only when we send you the Shipment Confirmation. Only those products listed in the Shipment Confirmation will bethe subject of the Contract. We will not beobliged to supplyyou with any product that may have been ordered until weconfirm the shipment of the samein a Shipment Confirmation.


6. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability. In this regard, if there are difficulties in the supply ofproducts or if there areno items left in stock, we reserve the right to provide you withinformation aboutreplacement products of equal or higherquality and value that you may order. If you do not wish toplace anorder for these replacement products, we will refundany amount you may have paid.

 

7. NEGATIVE TO TRAMIT AN ORDER
We reserve the right to remove any product from this websiteat any time and to remove or modify anymaterial or contentfrom it. Although we will make every effort to process allorders at all times, there may beexceptional circumstancesthat require us to refuse to process any order after we havesent the OrderConfirmation, so we reserve the right to do so atany time, at our sole discretion.
We will not be liable to you or any third party for removing anyproduct from this website, regardless ofwhether such producthas been sold or not, removing or modifying any material orcontent from the website, or for refusing to process an orderonce we have sent you the Order Confirmation.

8 – DELIVERY
Without prejudice to the provisions of Clause 7 aboveregarding the availability of the products and unlessthere areextraordinary circumstances, we will try to have the orderreceived within the time limit set for eachcase.
However, delays could occur for any of the following reasons:
Unforeseen circumstances.
Delivery area.
If for any reason we are unable to meet the delivery date, wewill inform you of this circumstance and giveyou the option toproceed with the purchase by setting a new delivery date orcancel the order with a fullrefund of the price paid. Please notethat we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, “delivery” shall bedeemed to have taken place at the agreed deliveryaddress andon the date agreed with the transport company, communicated via SMS and/or e-mail.

9 – IMPOSIBILITY OF DELIVERY
For home deliveries: If after two attempts we are unable todeliver your order, we will inform you where yourorder is andhow to collect it. If you will not be at the place of delivery of theorder at the agreed time, pleasecontact us to arrange thedelivery on another day or directly with the transport company. You will have amaximum period of 15 days, from the date ofConfirmation of Shipment, to agree to the delivery of yourorderto the address indicated at the time of purchase. If afterthis period you have not collected your order, wewillunderstand that you wish to withdraw from the Contract andwe will consider it terminated. As a result oftermination of theContract, we will refund you the price paid for such products, discounting the relevantshipping and handling costs as soonas possible and, in any event, no later than 15 days from thedate onwhich, pursuant to this Clause, we consider theContract to be terminated.

10 – TRANSMISSION OF RISK AND PROPERTY OF PRODUCTS
The risks of the products will be borne by you from the time ofdelivery.
You shall acquire ownership of the Products when we receivefull payment of all sums due for them, including shipping costs, or at the time of delivery, whichever is later.

11 – PRICE AND PAYMENT
The price of each product shall be that stipulated at any timeon our website, except in the event of amanifest error. Although we try to make sure that all prices listed on the pageare correct, errors may occur. Ifwe discover an error in theprice of any of the products you have ordered, we will informyou as soon aspossible and give you the option to reconfirmyour order at the correct price or cancel it. If we are unabletocontact you, the order will be considered cancelled and you willbe reimbursed in full.
We will not be obliged to supply you with any product at thelower incorrect price (even if we have sent youthe DeliveryConfirmation) if the error in the price is obvious andunequivocal and could reasonably have beenrecognised by youas the incorrect price.
The prices on this website include VAT.
Prices may change at any time, but (except as stated above) possible changes will not affect orders forwhich we havealready sent you a Shipment Confirmation.
Once you have made your purchases, all the items you wish topurchase will have been added to yourshopping cart and thenext step will be to process the order and make the payment.
Payment can be made with Visa or Mastercard cards.
By authorizing the payment you are confirming that the creditcard is yours or that you are the rightful holderof the gift cardor credit card.
Credit cards will be subject to checks and authorisations by theissuing entity, but if the issuing entity doesnot authorisepayment, we will not be liable for any delay or non-delivery andwe will not be able to enter intoany Contract with you.
If the customer indicates an incorrect shipping address and it isnecessary to re-ship the shipment, thecustomer will becharged again for the shipment.


12. EXCHANGE AND DEVOLUTION POLICY
We do not accept changes or returns.
12. 1 – RETURNS OF DEFECTED PRODUCTS
In cases where you consider that at the time of delivery theproduct does not comply with the terms of theContract, youmust contact us immediately (within a maximum of 24 hoursfrom the receipt of the order) atmarta@martamengod. comindicating the product details as well as the damage suffered.


13. LIABILITY AND EXONERATION OF LIABILITY
Unless expressly provided otherwise in these Terms, ourliability with respect to any product purchased fromourwebsite shall be strictly limited to the purchase price of suchproduct.
However, our liability is not excluded or limited in the followingcases:
In the event of death or personal injury caused by ournegligence.
In case of fraud or fraudulent forgery.
In any matter where it is unlawful or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the preceding paragraph and to theextent permitted by law, and unless otherwiseprovided inthese Terms, we shall not accept any liability for the followinglosses, regardless of their origin:
Loss of revenue or sales.
Loss of business.
Loss of profit or loss of contracts.
Loss of expected savings.
Data loss.
Loss of management time or office hours.
Due to the open nature of this website and the possibility oferrors in the storage and transmission of digitalinformation, we do not guarantee the accuracy and security of theinformation transmitted or obtainedthrough this websiteunless expressly stated otherwise herein.
All product descriptions, information and materials appearingon this website are provided as true and withoutexpress orimplied warranties about them.
To the extent permitted by law, we exclude all warrantiesexcept those that cannot be legitimately excludedvis-à-visconsumers and users.
The provisions of this clause shall not affect your legal rights asa consumer and user, or your right towithdraw from theContract.


14. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark, design of garment models and other intellectualpropertyrights in the materials or content provided as part of thewebsite belong at all times to us or to thosewho granted us alicence to use them. You may make use of such material only asexpressly authorized by usor those who granted us a licence touse it. This shall not prevent you from using this website to theextentnecessary to copy information about your order orcontact details.

15. VIRUS, PIRATERY AND OTHER INFORMATIC Attacks
You must not misuse this website by intentionally introducingviruses, Trojans, worms, logic bombs or anyothertechnologically harmful or harmful software or material into it. You will not attempt to gain unauthorizedaccess to thiswebsite, to the server on which this website is hosted or to anyserver, computer or databaselinked to our website.
You agree not to attack this website through a denial-of-service attack or a distributed denial-of-serviceattack.
Failure to comply with this clause could lead to the commissionof offences under the applicable legislation. We will report anybreach of these regulations to the appropriate authorities andcooperate with them touncover the identity of the attacker. Furthermore, in the event of non-compliance with this clause, you willimmediately cease to be authorised to use thiswebsite.
We will not be liable for any damage or loss resulting from adenial-of-service attack, viruses or any othertechnologicallyharmful or harmful software or material that may affect yourcomputer, computer equipment, data or materials as a resultof using this website or downloading content from it or towhich it redirects.


16. COMMUNICATIONS BY WRITING
Applicable regulations require that some of the information orcommunications we send to you be in writing. By using thiswebsite, you agree that most such communications with us willbe electronic. We will contactyou by email or provide you withinformation by posting notices on this website. For contractualpurposes, youconsent to use this electronic means ofcommunication and acknowledge that all contracts, notices, information and other communications that we send to youelectronically comply with the statutoryrequirements to be inwriting. This condition shall not affect your rights as recognizedby law.

17. VERBAL COMMUNICATIONS (via telephone or face-to-face)
It may be the case in which the information or communicationswe provide to you are given verbally (bytelephone or face-to-face). As a general rule, such data will always be supported andrelated to theinformation provided on this website and theseTerms, and we will endeavour to provide written recordsofverbal communications whenever possible.
If an alleged exchange has not been transcribed, it shall beconsidered human error without giving rise tofuture claims orcompensation to the extent permitted by law. This conditionshall not affect your rights asrecognized by law.


18. NOTIFICATIONS
Notifications that you send to us must be sent by email tomarta@martamengod. com In accordance with theprovisionsof the above clauses and unless otherwise stipulated, we maysend you communications either tothe e-mail or to thetelephone number that you provided when placing an order.
Notifications shall be deemed to have been received andproperly made when it can be proved that the e-mail addressas well as the telephone number correspond to the particularsspecified by the receiver.


19. TRANSFER OF RIGHTS AND OBLIGATIONS
The Agreement is binding on you and us, as well as on ourrespective successors, assignees andsuccessors in title.
You may not transfer, assign, encumber or otherwise transferany Contract or any of the rights or obligationsarisingtherefrom to you or for you without our prior written consent.
We may transfer, assign, encumber, subcontract or otherwisetransfer a Contract or any of the rights orobligations arisingtherefrom to or for us at any time during the term of theContract. For the avoidance ofdoubt, such transfers, assignments, encumbrances or other transfers shall not affectany legal rights youhave as a consumer or shall nullify, reduceor otherwise limit any express or implied warranties we mayhavegranted you.

20. EVENTS OUT OF OUR CONTROL
We shall not be liable for any breach or delay in theperformance of any of our obligations under a Contract, thecause of which is due to events beyond our reasonable control(“Causes of Force Majeure”).
Causes of Force Majeure shall include any act, event, malpractice, omission or accident that is beyondourreasonable control, including but not limited to:
Strikes, lockouts or other industrial measures.
Civil disturbance, revolt, invasion, terrorist attack or threat ofterrorism, war (declared or undeclared) or threatorpreparation of war.
Fire, explosion, storm, flood, earthquake, sinking, epidemic orany other natural disaster.
Unable to use trains, boats, planes, motor transport or othermeans of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, laws, regulations or restrictions of anygovernment or public authority.
Strikes, breakdowns or accidents in sea or river transport, postal transport or any other type of transport.
It will be understood that our obligations under the Contractswill be suspended for the period that the ForceMajeure Causecontinues, and we will have an extension within the period oftime to fulfil those obligations aslong as we need to do so. Wewill use all reasonable means to terminate the Force MajeureCause or to finda solution that will enable us to fulfill ourobligations under the Contract notwithstanding the ForceMajeureCause.


21. WITNESS
Failure by us to require strict performance by you of any of theobligations assumed by you under anyContract or these Termsor failure by us to exercise any rights or actions that we mayhave under suchContract or the Terms shall not constitute awaiver or limitation of any such rights or actions or shallexemptyou from performance by us. obligations.
No waiver by us of any particular right or action shall imply awaiver of any other right or action arising fromthe Contract orthe Terms.
No waiver by us of any of these Terms or any rights or actionsarising from the Contract shall be effectiveunless expresslystated to be a waiver and formalized and communicated to youin writing in accordance withthe provisions of the previousNotices section.


22. PARCIAL NULITY
If any of these Terms or any provision of a Contract is declarednull and void by a final decision of acompetent authority, theremaining terms and conditions shall remain in force and shallnot be affected bysuch declaration of nullity.

23. FULL AGREEMENT
These Terms and any documents expressly referred to hereinconstitute the entire agreement between youand us relatingto the subject matter of the Agreement and supersede anyprevious agreement, agreement orpromise agreed betweenyou and us orally or in writing.
You and we acknowledge that you have consented to theconclusion of the Agreement without relying onanyrepresentations or promises made by the other party or whichmay be inferred from any representationsor writing in thenegotiations between you and us prior to the said Agreement, except as expressly mentionedin these Terms.
Neither you nor we shall have any action against any uncertainrepresentations made by the other party, whether oral orwritten, prior to the date of the Contract (unless suchrepresentations were made fraudulently) and the only actionavailable to the other party shall be for breach of contract inaccordance with theprovisions of these Terms.


24. OUR RIGHT TO AMEND THESE CONDITIONS
We have the right to review and amend these Terms at anytime.
You will be bound by the policies and conditions in effect at thetime you use this website or place eachorder, unless by law ordecision of government agencies we are required to makeretroactive changes to suchpolicies, conditions or PrivacyStatement, in which case, any changes will also affect anyorders you havepreviously made.

25. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the contracts for the purchase ofproducts through this website shall be governedby Spanishlaw.
Any dispute arising or relating to the use of the website or tosuch contracts shall be subject to the non-exclusive jurisdictionof the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause willaffect your rights as such under applicable law.

26. COMMENTS AND SUGGGESTIONS
Your comments and suggestions will be welcome. Please sendus such comments and suggestions via ourcontact email.

 

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