TERMS AND CONDITIONS
1. PRIOR INFORMATION
These Terms and Conditions will expressly regulate the relationships between ARETEX S.A. (hereinafter, "ARETEX"), with registered office at calle RIAL DE SA CLAVELLA, 89 ARENYS DE MAR (BARCELONA) 08350 ESPAÑA, and with CIF A08044182 and third parties (hereinafter, "Users") who register as users and / or purchase products through the online store of ARETEX's official website (http://www.condor.es, hereinafter "Website").
For any question, the User may contact the following email address: firstname.lastname@example.org or at the telephone number +34 937959980.
2. ACCEPTANCE OF THE TERMS AND CONDITIONS
Access to the Website implies acceptance of these Terms and Conditions, as well as the different modifications and / or legal texts that ARETEX may include in the future.
By accepting the Terms and Conditions, the User agrees to act at all times in accordance with the provisions established in the clauses of this legal text, which define the rights and obligations of ARETEX and the User regarding the contractual relationship. derived from the use of the services accessible through the Website. These are the only Terms and Conditions applicable to the use of the Website (without prejudice that for certain services there may be particular conditions) and they replace any other conditions.
By accepting these Terms and Conditions, the User declares to be over 18 years of age and have the legal capacity to contract and acquire the services present on the Website.
This Website has been developed by ARETEX in order to offer, for sale, textile products for children such as socks, tights, jackets, knitwear, swimwear, etc. (hereinafter, the "Products").
The products are aimed at consumer users.
4. OPERATION OF THE WEBSITE AND OBLIGATIONS OF THE USERS
In order for Users to enjoy the products that ARETEX offers through the Website, they must take the following into account:
4.1 Registro del Usuario
To proceed with the purchase of the Products made available to Users through the Website, they must proceed to register by providing their name and surname, as well as their email address and date of birth through the registration form found on the Website for this purpose. In addition, Users must select a password in order to complete the registration process.
ARETEX will facilitate the use of personal passwords to the User who registers as such on the Website. These passwords will be used to access the services provided through the Website. The user must keep the passwords under his sole responsibility in the strictest and absolute confidentiality, assuming, therefore, any damages or consequences of all kinds arising from the breach or disclosure of the secret. For security reasons, the password for telematic access to the services linked to the Website may be modified at any time by the User. The User agrees to notify ARETEX immediately of any unauthorized use of their password and / or username, as well as access by unauthorized third parties to it through the email email@example.com, in order to to proceed with its immediate cancellation.
In this sense, Users assume all responsibility for the use they make of the Website. The Website can provide Users with access to a large number of texts, graphics, drawings, designs, photographs, multimedia content and information (hereinafter, the "Content") belonging to ARETEX or third parties.
Users undertake to make appropriate use of the Contents and Services provided through the Website.
Without limitation, Users agree not to use said Content or Services to:
(i) Make unauthorized or fraudulent use of the Website;
(ii) Access or attempt to access restricted resources on the Website;
(iii) Use the Website for illicit, illegal and / or contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or impede the normal use or enjoyment of the Website;
(iv) Cause damage to the Website or third party systems;
(v) Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to ARETEX or third party systems;
(vi) Try to access, use and / or manipulate the data of ARETEX, other Users or third parties;
(vii) Reproduce, copy, distribute, transform or modify the contents, allowing access to third parties through any form of public communication, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
(viii) Obtain or attempt to obtain the contents by means or procedures other than those that, where appropriate, have been made available for this purpose;
(ix) Try to access and / or use the email accounts of other Users and / or modify or manipulate their messages; Y
(x) Users will not transmit their username and password to unauthorized third parties and will immediately inform ARETEX of the access of an unauthorized user.
In addition, Users undertake to keep the information in their account in an exact, complete and up-to-date manner (name, surname, age, address, telephone number, email, etc.).
In relation to the foregoing, ARETEX reserves the right to terminate those Users who are misusing their user account, performing fraudulent acts or that harm or may harm ARETEX, as well as the introduction of required personal information false or incomplete that makes it impossible or difficult for the correct development and operation of the services offered on the Website.
In the event that ARETEX detects any anomaly or there are well-founded reasons that a User is carrying out any acts mentioned above that contravene good faith and these Terms and Conditions, ARETEX reserves the right to terminate the User, even to All those Users who have benefited directly or indirectly from this type of action, being able to exercise all the legal actions that may correspond, being the User responsible for the expenses that such acts may cause, as well as the damages caused.
In this sense, ARETEX declares that it has enabled the appropriate mechanisms to detect any possible fraudulent, anomalous or malicious action that seeks to alter the conditions for the use of the user's account.
Likewise, ARETEX reserves the right not to grant a user account when it has reasonable and well-founded reasons to believe that a User has violated these Terms and Conditions.
ARETEX may temporarily suspend and without prior notice, the accessibility to the Website due to maintenance, repair, updating or improvement operations. However, whenever circumstances permit, ARETEX will notify Users, sufficiently in advance, of the scheduled date for the suspension of the Services. ARETEX is not responsible for the use that Users may make of the Contents included in the Website.
4.2 User Account
Once the User has created an account to access the Website, they will have access to a profile where they can complete their personal data, including their billing information and a postal address.
The User guarantees that their data will be accurate, current and truthful. In addition, you may cancel your account on the Website at any time by contacting ARETEX through the email firstname.lastname@example.org.
4.3 Operation of the Website
Once the User account has been created, the User can proceed to purchase any of the textile products offered on the Website. Once the products have been selected and added to the cart, the User can select home delivery or store pickup and proceed to pay the price.
ARETEX reserves the right to modify the products offered through the Website to Users. In particular, ARETEX may at any time add new products to those offered or included on the Website, it being understood that unless otherwise provided, these new products will be governed by the provisions of these Terms and Conditions.
The products included in the Website will correspond in the most reliable way possible that the web display technology allows to the products actually offered.
4.4 User conduct on the Website
The User agrees, in general, to use the Website, to purchase the products and to use each of the Website's services diligently, in accordance with the law, morals, public order and the provisions of these Terms and Conditions, and you must also refrain from using them in any way that may prevent, damage or impair the normal functioning and enjoyment of the Website by Users or that may injure or cause damage to the goods and rights of ARETEX, its suppliers. , Users or in general of any third party.
In particular, but without limitation, any person who visits the Website, as well as the Users, must not:
i. Communicate data that is not true, exact, complete and / or updated, nor provide the Website with identifying data of another user or impersonate any person or identity.
ii. Using the Website for fraudulent purposes, or related to criminal offenses or illicit activities of any kind.
iii. Cause neither maliciously nor intentionally damages that may undermine, alter the Website, nor will it introduce or spread computer viruses that may cause unauthorized alterations to the contents or systems that make up the Website. The User must not scan or test the vulnerability of any ARETEX system or network, or violate any security or authentication measure, as well as try to decrypt or disassemble the software used by ARETEX to offer services through the Website.
iv. Use the Website to send, use or reuse material or that contains information that is illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening of any kind, or that implies a violation of copyrights, trademarks or confidentiality, privacy or any other right, that is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain mail, mass mailing or any other type of "spam" and, in general , any kind of unnecessary inconvenience or inconvenience.
v. Download, send or distribute in any other way content or applications that may violate any legislation in force or that may violate any right of any party.
vi. Do not send messages of a massive and / or repetitive nature to a plurality of people, or send email addresses of third parties without their consent.
vii. Use the tools that ARETEX makes available to Users for purposes other than merely informative.
viii. Promote or encourage third parties to carry out any of the above practices or contribute to it.
ARETEX will have the right to investigate and report any of the aforementioned behaviors in accordance with the Law, as well as to collaborate with the authorities in the investigation of said actions.
ARETEX reserves the right to deny any attempt to access the Website or cancel the provision of Services in cases where there is an incorrect use of the Website.
In particular, ARETEX reserves the right of admission and exclusion from its Website. Any User who does not comply with the rules contained in these conditions may be excluded from the Website.
ARETEX undertakes to solve any problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident, as well as to withdraw any advertisement published on its Website whose content infringes the Laws applicable at the time you become aware of their existence.
5. PRODUCTS AND PRICES
ARETEX reserves the right to decide, at any time, the products that are offered to Users through the Website. In particular, ARETEX may at any time add new products to those offered or included in the Website, it being understood that unless otherwise provided, such new products will be governed by the provisions of these Terms and Conditions. Likewise, ARETEX reserves the right not to provide and / or facilitate access and use at any time and without prior notice of any of the different types of products offered on the Website.
The products included in the Website will correspond in the most reliable way possible that the web display technology allows to the products actually offered. The characteristics of the products and their prices appear on the Website. The prices indicated on the Website are in euros € and include VAT, unless otherwise indicated.
All Products that appear on the Website are subject to availability. ARETEX constantly and automatically updates the Website to guarantee the maximum correspondence between the actual availability of products and services and the information available in this regard on the Website.
However, ARETEX will have the power to cancel an order in case of unavailability of the Products selected by the User, in which case ARETEX will inform the User by email that the order could not be processed, detailing the reasons why the User will not be able to enjoy this. In this case, the amount previously made through the payment method selected by the User will be returned as soon as possible.
The refund actually processed will be communicated to the User by email.
6. PROCEDURE AND FORM OF PAYMENT OF THE PRODUCTS
Once the User has selected the Products, he must verify that the content of his order is correct and proceed to pay for it. In this sense, for the User to be able to proceed with the payment of his order, he must identify himself or register prior to proceeding with the payment.
For those cases in which the User makes the payment using a discount coupon or promotional code, ARETEX must previously verify that the coupon used is correct. Otherwise, ARETEX reserves the right to cancel the order by informing the User of the reason why their order has been canceled in accordance with the incorrect use of the discount coupon or promotional code.
Likewise, the User may send an email to ARETEX to the address email@example.com requesting information about the uses of the discount coupon or promotional code.
Within a maximum period of twenty-four (24) hours, ARETEX will send an email to the User, confirming the receipt of payment. This email will assign a reference code for the purchase, and will detail the characteristics of the product, its price, shipping costs (if applicable) and payment information.
Orders will have a minimum purchase of 15 Euros, shipping costs not included.
Shipping to Spain and Portugal (except the Canary Islands, Ceuta and Melilla) is made through the transport company GLS. Shipping costs are € 5 per order, except for orders over €60 in Spain and €100 in Portugal, in which shipping costs are free.
For the Canary Islands, Ceuta and Melilla, the courier company in charge of shipments is CORREOS. Shipping costs are € 20 per order, except for orders over € 100, in which shipping costs are free.
For other countries of the European Union (except Spain and Portugal) the courier company in charge of shipments is GLS. Shipping costs are € 9.5 per order, except for orders over € 100, where shipping costs are free.
For shipments to Switzerland, Norway and Monaco, the courier company in charge is UPS. Shipping costs are € 19.5 per order, except for orders over € 100, where shipping costs are free.
Shipping charges include handling, packaging and shipping. In case of placing two different orders, the shipping costs will be applied in each of the orders.
Customs costs and taxes that may occur upon entry of the order in countries outside the European Union will be borne by the buyer.
Shipments to ARETEX CLICK & COLLECT stores (Albacete, Alicante, Arenys de Mar, Barcelona, Bilbao, Córdoba, Donosti-San Sebastián, Huelva, Madrid, Valencia and Zaragoza) are free.
Reservations at the CLICK & RESERVE physical store will be confirmed within a maximum period of two working days. In the event that a product is not available in the selected store, different possible options will be offered. Once it is communicated that the reservation is available in the store, it will be kept for a period of two days and, if it is not collected, the store will cancel the order. Payments must be made at the selected store when the reservation is to be collected.
The User who purchases a product through the Website must make payment through the following available systems:
- Card Visa o Mastercard
- Bank wire
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the protocols and security services required.
The User must notify ARETEX of any undue or fraudulent charge that may eventually occur on the card used for purchases, by sending an email to address firstname.lastname@example.org in the shortest time possible, so that ARETEX can take the appropriate steps due to an eventual incident.
ARETEX will archive the electronic documents in which the contract is formalized, sending a copy to the User once the purchase has been made.
The order confirmation sent by ARETEX is not valid as an invoice, only as proof of purchase.
7. DEADLINES, PLACE OF DELIVERY AND LOSSES
7.1 Product Delivery
ARETEX undertakes to deliver the Product in perfect condition to the address indicated by the User. In order to optimize delivery, the User must indicate an address where the order can be delivered within normal business hours.
However, ARETEX will not be responsible for errors caused in the delivery of the order when the delivery address entered by the User in the order form is imprecise, does not conform to reality, is false or has been omitted.
Notwithstanding the foregoing, ARETEX undertakes to adopt those measures that are within its reach, so that the delivery of the orders can be carried out in the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.
The territorial scope of sales through the Website is exclusively the territory of the European Union, so the delivery service can only be carried out in that territory.
The User will be able to track their order through their user account.
7.2 Delivery and notification period
Orders are processed within 24/48 business hours of receipt of payment confirmation, except for orders received on weekends or holidays. Once the payment has been verified, the maximum delivery period will be thirty (30) calendar days established by default in the General Law for the Defense of Consumers and Users.
8. EXCHANGES, RETURNS AND RIGHT OF WITHDRAWAL
The garments can be exchanged for another size or color in our Cóndor stores in Albacete, Alicante, Arenys de Mar, Barcelona, Bilbao, Córdoba, Donosti-San Sebastián, Huelva, Madrid, Valencia and Zaragoza. It is essential to attach a copy of the order in the return. The exchange period is 14 calendar days from receipt of the purchase. You can check the location of our stores at the following link: https://www.condor.es/
To request a change online, you must place a new order with the correct sizes or colors and request to email@example.com the free collection of the items to be returned. It is essential to attach a copy of the order in the return. The exchange period is 14 calendar days from receipt of the purchase.
Returns of items can be made at any of our Cóndor stores (Albacete, Alicante, Arenys de Mar, Barcelona, Bilbao, Córdoba, Donosti-San Sebastián, Huelva, Madrid, Valencia and Zaragoza).
Before delivering the return to the store, the User is requested to send an email to firstname.lastname@example.org indicating the order number and the store where the return will be left. Once the return has been received in the store, and within a maximum period of 14 calendar days from when the return occurred, the User will be paid the amount returned with the same payment method with which the order was made. It is essential to return the product along with the order number in the return.
The deadline for making a return is 14 calendar days from receipt of the purchase.
Returns to be made from the Website with home collection must be made by e-mail to: email@example.com. The email must indicate the order number to be returned, as well as a contact telephone number, collection address and a preferred collection time. Within a maximum period of one week, a courier will collect the order from your home completely free of charge. Once the return is received at our central offices, the User will be paid the amount of the returned items with the same payment method with which the order was made within a maximum period of 14 calendar days.
Cóndor reserves the right to reject returns communicated or sent after the deadline, or to raise devaluations in the amount to be returned in those garments that are not in the same conditions in which they were received, and this in accordance with the provisions of the Article 108.2 of the Law for the defense of Consumers and Users. Any questions you just have to contact us through: firstname.lastname@example.org We will be happy to help you!
During the legal withdrawal period, the conditions of the withdrawal policy are exclusively applicable.
8.3 Right of withdrawal
The User has the right to withdraw from the contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that the User or a third party by the User indicated, other than the carrier, acquired material possession of the last of those goods. To exercise the right of withdrawal, the User must notify ARETEX - Rial Sa Clavella 89, 08350 Arenys de Mar (Barcelona) - email@example.com of his decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
"Model withdrawal form:
For the attention of ARETEX, S.A.U. – Ria Sa Clavella 89, 08350, Arenys de Mar (Barcelona) – firstname.lastname@example.org Tel. 937959980
I hereby inform you that I am withdrawing from our contract of sale of the following good:
- Order received on (day / month / year)
- Name of the consumer and user
- Domicile of the consumer and user
- Signature of the consumer and user (only if this form is submitted on paper)
In case of withdrawal, ARETEX will return all payments received by the User, including delivery costs (with the exception of additional costs resulting from the choice of a delivery method other than the less expensive mode of ordinary delivery that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of the decision to withdraw from this contract.
We will proceed to make said refund using the same means of payment used by the User for the initial transaction, unless the User has expressly indicated otherwise; In any case, you will not incur any expenses as a result of the reimbursement. We may withhold the refund until we have received the goods, or until the User has submitted proof of their return, depending on which condition is met first.
The right of withdrawal will not apply when the goods have been unsealed after delivery and said goods can no longer be suitable for return for reasons of health protection or hygiene.
9. CUSTOMER SERVICE
For any incident, claim or exercise of their rights, the user may send an email to the address email@example.com.
10. EXCLUSION OF LIABILITY
ARETEX does not grant any guarantee nor is it responsible, in any case, for damages of any kind that may arise from accessing or using the contents of the Website. Among others, and by way of example and not limitation, ARETEX is not responsible for the following circumstances:
i. The lack of availability, maintenance and effective operation of the Website and / or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any nature that may be due to lack availability or continuity of the operation of the Website.
ii. Of the lack of usefulness of the Website or the contents for any service.
iii. The content of other Internet pages to which links placed on the Website may be directed.
iv. The existence of viruses, malicious or harmful programs on the Website.
v. Of the illicit, negligent, fraudulent use, contrary to these Terms and Conditions or to good faith, of the Website or its contents, by Users, including any infringement of the intellectual and / or industrial property rights of ARETEX or of third parties.
saw. Of the incidents caused by the lack of due diligence on the part of the User or by the improper use of the Website.
vii. In cases of force majeure, the blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunication operators or service, supply or transport companies or any other causes or circumstances independent of the will of ARETEX that prevent the normal use of the Website.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY
For this reason and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the matter (in hereinafter, “Intellectual Property Law”), as well as in Law 17/2001, of December 7, on Trademarks and complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution is expressly prohibited. , public communication, including its method of making available, all or part of the contents of the Website, in any medium and by any technical means, unless expressly authorized in writing by ARETEX.
Specifically, and by virtue of the provisions of national, European and international regulations on intellectual property, the use of all or part of the contents of this website and specifically the content prepared by ARETEX, for commercial purposes, is expressly prohibited. in any support and by any technical means, without the authorization of ARETEX.
The User must use the materials, elements and information accessed through the use of the Website solely for their own needs, committing themselves not to carry out, directly or indirectly, a commercial exploitation of the materials, elements and information obtained through the same.
The User undertakes to respect the Intellectual and Industrial Property rights owned by ARETEX. The User must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the ARETEX Website.
ARETEX does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case will it be understood that the access and navigation of the Users implies a waiver , transmission, license or total or partial assignment of said rights by ARETEX.
Any use of these contents not previously authorized by ARETEX will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
12. DATA PROTECTION
ARETEX guarantees the security and confidentiality of the personal data that Users provide in compliance with the provisions of Regulation 2016/679 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 (hereinafter, “RGPD”) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (hereinafter, “LOPDGDD”)
In this sense, Users are informed that, in terms of privacy and protection of their personal data, they can exercise the following rights:
i. Access your personal data;
ii. request the rectification of any inaccurate data;
iii. request the deletion of your data;
iv. request that the processing of your data be limited;
v. oppose the processing of your data;
vi. exercise your right to be forgotten;
vii. request the portability of your data. Likewise, Users will have the right not to be the subject of decisions based solely on automated data processing.
The User can exercise all these rights at the email address firstname.lastname@example.org indicating the reason for his request and providing a copy of his ID.
The entry into force of the modifications of the terms and conditions will occur from the moment of their publication on this Website.
14. SAFEGUARD CLAUSE
All the clauses or extremes of these conditions of use must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared void by court ruling or final arbitration resolution. The clause or clauses affected will be replaced by another or others that preserve the effects pursued by the conditions of use.
15. EXTRAJUDICIAL RESOLUTION OF DISPUTES
By virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, regarding the resolution of online disputes in consumer matters, the Platform informs that, in the event of dispute, the user residing in the European Union may go to the "Online Conflict Resolution Platform" developed by the European Commission, in order to try to resolve out of court any dispute arising from the existing contractual relationship between the parties.
If you wish to access the "Online Conflict Resolution Platform" you can do so through the following link: http://ec.europa.eu/consumers/odr/.
In accordance with 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, expressly waiving any other jurisdiction, the parties They submit to the Courts and Tribunals of the User's place of residence.