TABITHA online store conditions
This document (together with the documents mentioned therein) establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Conditions").
We kindly ask you to read the Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website.
These Conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or the conclusion of the Contract (as defined below) will be those that are applicable to you.
2. OUR DATA
This website is operated under the name TABITHA by
Maria Hernandez Martinez
with address at Avenida Reino de España 24, Local 2, Roquetas de Mar, 04740, Almería.
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
4. USE OF OUR WEB PAGE
By using this website and placing orders through it, you agree to:
a) Make use of this website only to make legally valid inquiries or orders.
b) Not to make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
c) Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may use said information to contact you if it is necessary to see our Privacy Statement.
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. CELEBRATION OF THE CONTRACT
The information contained in these Conditions and the details contained in this website do not constitute an offer to sell, but rather an invitation to contract. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount thereof will be refunded in full.
To place an order, you must follow the online purchase procedure and choose your payment method. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). From there we will manage the order and proceed to its shipment. The contract for the purchase of a product between you and us (the "Contract") will be formalized only when we send you the Shipping Confirmation.
Only those products listed in the Order Confirmation will be the object of the Contract. We will not be obliged to supply you with any product that may have been ordered until we confirm the order.
Accessories and discounted items cannot be returned.
6. AVAILABILITY OF THE PRODUCTS
All product orders are subject to their availability. In this sense, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you can order. If you do not wish to order these substitute products, the amount of your purchase will be refunded.
7. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, so we reserve the right to do so at any time, at our sole discretion. discretion.
We will not be liable to you or to any third party for removing any product from this website, regardless of whether said product has been sold or not, removing or modifying any material or content on the website, or for denying us to process an order once we have sent you the Order Confirmation.
Without prejudice to the provisions of Clause 6 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the product / s listed in each Shipping Confirmation before the delivery date that appears in the Shipping Confirmation in question or, if no delivery date is specified, within 2/3 working days from the date of the Shipping Confirmation.
However, delays may occur for any of the following reasons:
Absence at the address, at the time of delivery.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or you will be given a voucher for the amount of the purchase made that you could have paid with no expiration date limit. Please note in any case that we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been delivered at the time of signing the receipt of the order at the agreed delivery address.
9. IMPOSSIBILITY OF DELIVERY
If after two attempts it is impossible to deliver your order, the transport company will contact you and agree on a delivery time.
In the event that 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, you will be given a voucher for the amount of the purchase made that you may have paid without an expiration date limit, within a maximum period of 30 days from the date on which we consider the Contract terminated. In these cases, we will be authorized to pass on the transport costs derived from the shipment and the termination of the Contract.
10. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
The risks of the products will be at your expense from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in connection with the products, including shipping costs.
11. PRICE AND PAYMENT
The price of each product will be the one stipulated at all times on our website, except in the case of manifest error. Although we try to ensure that all prices listed on the page are correct, errors can occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and we will give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and the amounts that have been paid will be fully refunded.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Shipment Confirmation) if the error in the price is obvious and unambiguous and could have been reasonably recognized by you as an incorrect price.
The prices on this website include VAT, but exclude shipping costs, which will be added at the end of the order before its confirmation.
You can make payment with Visa, Mastercard and PayPal cards. To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your credit card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made when your order leaves our warehouses.
By clicking on "Authorize Payment" you are confirming that the credit card is yours.
Credit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.
12. VALUE ADDED TAX
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations. in each of these territories.
13. RESPONSIBILITY AND DISCLAIMER OF LIABILITY
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
In the event of death or personal injury caused by our negligence;
In case of fraud or fraudulent misrepresentation
In any matter where it is illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the provisions of the preceding paragraph and to the extent that it is legally permitted, and unless otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their origin:
Loss of income or sales;
Loss of business;
Loss of profits or loss of contracts
Loss of anticipated savings;
Data loss; and
Loss of management time or office hours.
Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this web page unless it is established expressly otherwise in it.
All descriptions of products, information and materials that appear on this website are provided as a true body and without express or implicit guarantees about them.
To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded from consumers and users.
The provisions of this clause will not affect your legal rights as a consumer and user, or your right to withdraw from the Contract.
14. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other intellectual property rights over the materials or content that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may use such material only in the way that we or those who have granted us a license to use it expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.
15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not try to have unauthorized access to this website, to the server where said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in the event of non-compliance with this clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.
16. LINKS FROM OUR WEB PAGE
In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
17. WRITTEN COMMUNICATIONS
Applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send us should preferably be sent via email firstname.lastname@example.org. In accordance with the provisions of clause 17 above and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
19. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement is binding on both you and us, as well as our respective successors, assignees and successors in title.
You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent.
We can transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you have as a consumer recognized by law or will cancel, reduce or limit in any other way the express and implied guarantees that you we could have granted.
20. EVENTS BEYOND OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, the cause of which is due to events that are beyond our reasonable control ("Force Majeure Cause").
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failures or accidents of maritime or river transport, postal or any other type of transport.
It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Force Majeure Cause continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Cause. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Event.
The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of of said Contract or of the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and formalize and communicate it to you in writing in accordance with the provisions of the Notifications section above.
22. PARTIAL NULLITY
If any of these Conditions or any provision of a Contract are declared null and void by a firm resolution by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
23. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in them constitute the entire agreement existing between you and us in relation to the object of the Contract and replace any other previous pact, agreement or promise agreed between you and us verbally or by written.
You and we acknowledge having consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Contract, except for what is expressly mentioned. in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only action that the another party will be for breach of contract in accordance with the provisions of these Conditions.
24. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you use this website or place each order, unless by law or decision of government agencies we must make changes retroactively in said policies, Conditions or Privacy Statement, at in which case, the possible changes will also affect the orders that you had previously made.
25. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and product purchase contracts through said website will be governed by Spanish legislation.
Any controversy that arises or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.
26 JURISDICTION AND JURISDICTION
For any question that arises from the fulfillment, execution or interpretation of this contract, the parties expressly submit to the Courts and Tribunals of Almería.
© 2020 TABITHA