Legal notice

TERMS OF USE OF THE WEBSITE 'modapuntoshop.com'



1. OWNERSHIP OF THE WEBSITE

  1. This notice and legal information (hereinafter, the "Legal Notice") regulates the use of the website service 'modapuntoshop.com' (hereinafter, the "Website") that the owner thereof makes available to Internet users.
  2. In accordance with article 10 of Law 34/2002, of July 11, on information society services and electronic commerce (LSSICE), we inform you that this online store, opened in July 2013 at the Internet address 'Modapuntoshop.com', is owned by Pilar Figueroa de la Osada (hereinafter, "the owner"), with NIF 38826802L and registered office at Calle Carlos Cano, number 13, Tarancón, CP 16400, Cuenca.
  3. For any communication with us you can contact us at the email address 'modapuntoshopgmail.com'.


2. ACCEPTANCE OF THE CONDITIONS OF USE.

  1. The use of the Website confers the status of user of the Website (hereinafter, the "User" or "Client") and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice in the version published at the time the User accesses the Website. Consequently, the User must carefully read this Legal Notice each time he or she intends to use the Website, as it may be subject to modifications.
  2. The owner reserves the right to modify the conditions of use of the Website, so it is the User's obligation to periodically review these conditions.


3. OBJECT

The website 'modapuntoshop.com' is intended for the sale of party dresses, communion dresses and accessories


4. CONDITIONS OF ACCESS AND USE OF THE WEBSITE, AND USER RESPONSIBILITY.

  1. Condition, quality and concept of user
    1. User means any natural person of legal age who accesses the website 'modapuntoshop.com' for any purpose.
    2. In order to access the website for the sole purpose of consulting, searching or viewing information, prior, express and accepted registration as a registered user of the website is not required, nor is it necessary to communicate your data. However, the use of certain services, such as subscription to the newsletter, may be subject to prior registration. In these cases, formal registration of the user or communication of data by filling out the form that appears on the website for this purpose will be necessary. It is essential that the user freely, expressly and voluntarily authorizes the processing of his or her personal data.
  2. Diligent use of the website.
    1. The user acknowledges and accepts that the use of the contents and/or services offered by the website will be under his/her exclusive risk and/or responsibility.
    2. The user undertakes to use the website and the services offered by the owner in accordance with the provisions of this legal notice, as well as to make appropriate use of the services and/or content of the website and not to use them to carry out illegal activities or activities that constitute a crime, that violate the rights of third parties and/or that infringe the regulations on industrial and intellectual property, or any other rules of the applicable legal system.
    3. The user undertakes and agrees not to take any action that may damage the reputation of the owner or third parties.

5. CONTRACT CONDITIONS

5.1. ORDER MANAGEMENT, PRICE AND SECURE PAYMENT

  1. The CUSTOMER will process his/her order through the WEBSITE, selecting the product he/she wishes to purchase by clicking on the “Add” option to the basket that appears on each product page. Once the selection of the product(s) in the shopping cart has been completed, the CUSTOMER must click on the “Check out” option.
  2. To process the order, the CUSTOMER must fill in the details provided in the WEBSITE check-out form, accepting, where applicable, these contracting conditions and the privacy policy.
  3. The prices indicated on the WEBSITE are expressed in Euros (€) including taxes applicable at any time and by territory, unless otherwise clearly indicated.
  4. The CUSTOMER must verify the information displayed regarding the order placed and then select the payment method provided on the WEBSITE.
  5. Once the purchase process is complete, the CUSTOMER will receive a PDF invoice confirming the order at the email address indicated on the form. If you wish to receive the invoice in paper form, please indicate this by email to "info@modapuntoshop.om"
  6. For any information about the requested service, the CUSTOMER may contact the owner by sending an email to 'info@modapuntoshop.com' or by calling 969322857. In any case, the order number assigned to you and indicated in the purchase confirmation email must be indicated.
  7. Likewise, the CUSTOMER may request information at any time about the status of the order.
  8. The CUSTOMER will make payment through the methods offered by the owner on the WEBSITE.
  9. The holder does not have access to the bank details linked to the payment methods and does not know or record these details during the payment transaction.
  10. For any type of claim you can send us an email to "info@modapuntoshop.com", and we will try to resolve it as soon as possible.


5.2. SHIPPING COSTS AND DELIVERY OF THE PRODUCT

  1. Shipping costs are borne by the CUSTOMER. The owner will indicate the shipping rates during the purchasing process and they must be approved by the CUSTOMER prior to accepting the order.
  2. The owner will inform the CUSTOMER of the shipping times of the order (from the time the purchase is made until it leaves our facilities) during the purchasing process.
  3. When the owner foresees that, for some reason, he will not be able to meet the delivery deadline for a certain order, he will inform the CUSTOMER by email, who may choose to cancel the order and recover the price paid within a maximum period of THIRTY (30) days.
  4. When the CUSTOMER purchases several products and only one or some of them can be delivered due to lack of availability, the owner will reimburse the CUSTOMER for the price of the undelivered products.
  5. Transport and delivery time (from the time the package leaves our facilities until it is delivered to the CUSTOMER's home) is the responsibility of the transport companies contracted by the owner. The owner does not assume responsibility arising from non-compliance with obligations due to an action or omission carried out by the operator.
  6. It is the recipient's responsibility to check the order at the time of delivery and then make any reservations and claims that the CUSTOMER deems justified.


5.3. RIGHT OF WITHDRAWAL

  1. The customer may freely withdraw from the sales contract, without stating the reasons, within the period of fourteen (14) calendar days from the date of receipt of the product. The date of the receipt proving the delivery of the product or delivery note will be used for the purposes of calculating the period of fourteen (14) days mentioned.
  2. In order to exercise the right of withdrawal, the customer must express his/her desire to return the product to the email address 'info@modapuntoshop.com' indicating, for the purposes of identification and speeding up the process, the email used for the purchase and the order number. The owner will reply to the customer specifying the precise instructions for returning the order. Likewise, the customer may use the withdrawal form template that we make available [Download form]
  3. The customer must bear the direct cost of returning the product and must send it safely and with the necessary guarantees so that the returned merchandise arrives in perfect condition.
  4. The owner will refund the amount of the product, including shipping costs, through the same payment method used by the customer to purchase the product within a maximum period of FOURTEEN (14) calendar days from verification of the correct condition of the product sent by the customer to the owner.
  5. The owner will only accept the return of the product when the use of the product has been limited to merely checking the proper functioning of the said product by the customer, in accordance with current legislation.
  6. The owner will not accept the return of any product that suffers damage attributed to the customer.
  7. The product must be returned in its original packaging and in perfect condition, that is, not damaged or soiled by the customer, and it will be sent to the place indicated by the owner in the instructions sent to the customer. Likewise, the packaging must be fully and completely identified in order to know who the sender is. If it is not sent in the conditions described in these terms, the product will suffer a depreciation that in any case must be paid by the customer.
  8. Withdrawal is not possible in the cases contemplated in article 102 of Royal Legislative Decree 1/2007 of 16 November, which approves the Revised Text of the General Law for the Protection of Consumers and Users, which include personalised products.


5.4. WARRANTIES

  1. The owner guarantees the quality of the product under the legally established terms for a period of three (3) years from the date of delivery of the product in accordance with the warranty offered by the product manufacturer.
  2. The client must inform the owner of the lack of conformity within two (2) months of becoming aware of it.
  3. This concept will not include any deficiencies caused by negligence, knocks, improper use or handling, unsuitable voltage, incorrect installation not carried out by the authorised technical service, or materials subject to wear and tear due to normal use.
  4. In those incidents that justify the use of the guarantee, the option will be to repair, replace the item, discount or return the product, in accordance with the legally established terms following the rules of article 118 and following of the Revised Text of the General Law for the Defense of Consumers and Users. In the event that a product has arrived to the customer broken, damaged or in poor condition, the owner will be responsible for collecting it at the customer's home, without additional charges, and will replace the defective product with the same product in correct condition.
  5. To make use of the guarantee, the CUSTOMER must contact the owner at the following email address "info@modapuntoshop.om", where they will be informed of the steps to follow to make it effective.


6. INDUSTRIAL AND INTELLECTUAL PROPERTY

  1. The owner is also the owner of the intellectual and industrial property rights, or has obtained the corresponding authorizations or licenses for their exploitation, over the domain name, trademarks and distinctive signs, information and other works and inventions related to the website and the technology associated with it, as well as its contents.
  2. The contents of this website, including designs, applications, text, images and source code (collectively referred to as the “Content”), are protected by intellectual and industrial property rights.
  3. Under no circumstances may the content be used, reproduced, copied or transmitted in any way without the prior, written and explicit permission of the owner.


7. LIMITATION OF LIABILITY

  1. The owner will not assume any responsibility when the delivery of the product, if applicable, does not take place as a result of the inaccuracy or falsity of the data provided by the user for this purpose, as well as in the event that the delivery of shipments assigned for this purpose cannot be made for reasons beyond the control of the owner, such as the absence of the recipient.
  2. 11.2. The owner shall not be liable in any case for the content, operation and/or data protection policy or other terms contemplated in other websites which may in some cases be accessed by the inclusion of a link or connection (Links) on this WEBSITE, nor for the content, services or products offered from them, unless these other sites are the property of the owner. The hyperlinks contained in the WEBSITE of the owner may lead to third party websites. The owner incorporates them to facilitate the navigation of the USER, in no case does it assume responsibility for the content, information or services that may appear on said sites, which will be exclusively informative and which in no case imply any relationship between the aforementioned third party and the owner.
  3. 11.3. Access to and purchase of the products offered by the owner requires a computer or IT equipment and an Internet connection. The costs associated with these elements are not included in the prices described in these legal conditions.
  4. 11.4. The owner exercises the utmost diligence in the implementation of security measures, however, it does not assume any responsibility in relation to the custody and proper use of the passwords to access the WEBSITE, which will be the exclusive responsibility of the USER, as well as any acts organized and/or orchestrated by third parties that, for illicit purposes, violate the security measures implemented by the owner.


8. APPLICABLE LEGISLATION AND JURISDICTION

The terms and use of the WEBSITE shall be governed by and construed in accordance with the laws of Spain, and any dispute arising therefrom shall be governed by the jurisdiction established by law at any given time.


9. DATA PROTECTION AND CONFIDENTIALITY

All users agree to comply with the website's privacy policy in accordance with the provisions of the following section: Privacy Policy


10. PRIVACY POLICY

    1. In compliance with Spanish Law 15/99 of 13 December on the protection of personal data, we inform you that all personal data that you provide to us through the website 'telasdecolores.com' or any website associated with it will form part of a file owned by the owner, in order to inform you about the products and services of the owner as well as to send you commercial communications by any means, including electronic means.
    2. The owner may send you commercial or advertising information related to the services and products that have proven to be of interest to you, by any means of communication, including electronic means.
      If you do not wish to receive the aforementioned commercial information, please let us know by sending an email to 'info@modapuntoshop.com'.
    3. At any time, you may exercise your rights of access, rectification, opposition and cancellation of the data being processed by sending a letter indicating the right exercised to the postal address indicated above or to the following email address 'info@modapuntoshop.com'.
    4. In order to manage your ARCO rights, please provide your personal details (name, surname, postal address, telephone number, email address) and any other data that we can use to verify your identity and contact you) and a copy of your identity card or equivalent documentation. All communications with you will be handled with absolute confidentiality. All your personal data will be treated with due diligence in accordance with the provisions contemplated in Spanish regulations; without prejudice to the foregoing, if you decide to publish any information or public message on the website, said publication will be managed according to your request.
    5. The owner guarantees that it has implemented all security measures that are necessary to guarantee the security of personal data and the confidentiality of the information provided by Users.
    6. Our services may occasionally use cookies to provide you with a better experience when using the website. Cookies are small storage devices that are installed on your computer's hard drive and are used to optimize our services. You can modify or block cookies at any time, although in this case your experience may be affected. Please read the cookie policy for more information.


11. ONLINE LITIGATION PLATFORM

In case of disagreement, we inform you of the existence of an online dispute resolution platform in consumer matters, as well as the possibility of filing your claim by accessing the following link:

https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase.