1. ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS
The General Conditions (hereinafter General Conditions) that will govern the contractual relations between any user or buyer on the SetLogo.com website (hereinafter referred to as "Client") and the company SetYourLogo SLU (with CIF: B10491959) are described below. , C/ Peñalara 17, 10004 Cáceres, Cáceres Mercantile Registry Number 1/2018/1259, Volume 1013, Book 840, Folio 38. owner of the website setlogo.com (hereinafter referred to as "Store").
The Customer acknowledges and accepts the content of these General Conditions, a copy of which is in his possession, as regulators of all offers, supplies and deliveries of Products made by The Store and for all orders made by the Customer The Store. The term "Products" in these General Conditions shall include services, in those cases in which it is necessary.
These General Conditions are the only ones applicable and replace any other general condition, any modification to them will only be valid if agreed in writing and by common agreement between The Store and the Client, and any clause or General Condition of purchase placed by the Client in their documentation or correspondence, which contradicts or limits these General Conditions except in the event of prior, express and written cancellation. Some article of the same may occasionally be modified, so it is advisable that they be read in each purchase.
These modifications will take effect from their publication on the Internet and cannot be applied to previously concluded contracts. Each purchase in the Store is governed by the general conditions applicable on the date of the order. To place an order, you must unreservedly accept these General Conditions of Sale after having read them. Without prejudice to the express acceptance of these General Conditions being required during the purchase process, the fact of completing all the necessary steps to complete an order also implies acceptance of these General Conditions. If a condition were to be missing, it would be considered regulated by the uses and customs in force in the distance selling sector according to the rules of the Professional Code of the Distance Selling Association. When registering, a user accepts the subscription of the Newsletter and offers sent to their email, being able to unsubscribe upon receipt of the first shipment. All commercial communications will be made in the Spanish language. If this is not possible we will try to communicate in your language. Regarding the language of formalization of the contract, it is written and available only in Spanish.
2. PRODUCTS
At La Tienda we attach great importance to information on the characteristics of the Products, through descriptions from their manufacturers or collaborators, and photographs that illustrate them. All in order that the Client is advised as faithfully as possible on the Product that he is about to buy. However, neither the literature of the descriptions nor the photographs are considered contractual, but are merely informative. In particular, the photographs could refer to similar Products or include a grouping of them, even if they are sold by units.
- QUANTITIES AND STOCK
The order is not accepted until the buyer receives and accepts the digital proof and the terms count from that moment. Our stock comes from several suppliers and in any case, the restrictions and specifications of each one are inherited in these conditions. The reservation of the stock will be fixed to the acceptance of the digital proof.
- CLAIMS:
The Customer may make claims about the quantity or quality of the Product supplied within a period of eight calendar days from the date of delivery. Said claims must be made by registered letter with acknowledgment of receipt or burofax addressed to the address of La Tienda. After this period, no type of claim will be accepted.
The existence of claims does not release the Client from his obligation to pay the price on the agreed date and conditions or to observe any additional agreed obligations.
The Store will not be obliged to accept the return of merchandise of any kind unless said return has been previously communicated in writing and accepted in the same way by The Store. The Store may freely reject the return of merchandise when it considers that the instructions, quantities and qualities included in the Customer's order have been correctly followed.
The Store will not accept returns of merchandise, including packaging or wrapping of any kind, in the event that there has been any manipulation of the Products and/or their packaging or wrapping of any kind by the Customer or by any other third party unrelated to The store. It will be understood that the Products and/or their packaging or wrapping of any kind have been tampered with if they have been engraved with the indication of trademarks, logos or any other element indicated by the Client or when the Client or any third party unrelated to The Store has incorporated any element in the Products and/or their packaging or wrapping of any kind. Likewise, The Store will not accept returns of Products that are not in exactly the same conditions in which they were delivered, including the packaging or wrapping of any type thereof.
If there are defects in part of the Products supplied to the Customer, this does not authorize the Customer to denounce the entire supply.
If there is a return of merchandise, the cost of transporting the returns will be borne by the Customer, except in those cases where the error that originates it is attributable to The Store.
Any defect attributable to transport must be recorded on the delivery note and must be reliably communicated within a period not exceeding 24 hours from delivery.
3. REQUEST:
Orders placed by the Client, on the setlogo.com website or verbally, in writing, via email, will not be understood as accepted by The Store until it issues an acceptance by sending them the digital proof within 5 days. after placing the order if it needs a marking service, or until The Store proceeds to its delivery, in accordance with the provisions of Section 5 of these General Conditions. However, the order will be considered firm from the moment it is sent or the digital proof is accepted, as the case may be, and the Client may not cancel or modify it unilaterally.
If there are errors by the Customer when placing the order, these will be the sole responsibility of the Customer, and The Store is not obliged in any case to communicate the error or facilitate its resolution.
Unless expressly stated otherwise, the offers, budget and price lists that The Store may disclose will be understood solely as an invitation to contract, never as a binding offer for The Store. In order for said offers, budgets and price lists to be considered binding, the provisions of the first paragraph of this Section must be observed.
Orders and services, for the cases indicated, will also be governed by the rules set forth below:
1.- In the event that the data established in the order is insufficient for The Store to carry out an adequate supply or it has been agreed that, after placing the order, the Client provides The Store with additional instructions or specifications, it may The latter requires the Client to provide said data, and The Store is not responsible for possible delays caused by the Client's delay in communicating them.
The Client not having made the communication of the data within the period indicated for this purpose in the request thereof or within 5 days in case no term had been indicated, The Store may freely choose between:
a.- Not deliver the Products until the necessary data has been provided by the Client.
b.- Carry out the supply in accordance with the available data, being in this last case exempt from all responsibility for the possible non-adherence to what is expected by the Client.
c.- Cancel totally or partially the order in question in such cases, without assuming any responsibility for it.
2.- The Customer may not cancel the order or reject the supply alleging their disagreement with changes in the price due to changes in customs fees or any other condition that affects the importation of the Products, nor based on objections from third parties about alleged infringements of the rights derived from intellectual property, copyright or image or any other right of third parties.
3.- When orders are made by email, the Client must fully comply with the instructions provided for this purpose through this means.
4. PRICES AND QUANTITIES
The sale prices indicated in the Shop are shown in euros.
There are certain moments on the web in which calculations are made with thousandths of a euro rounded up to a cent of a euro. This fact will be accepted as shown by the final result.
The current prices and rates will not include in any case the Value Added Tax or any other that may be applicable. The Store reserves the right to change prices at any time. However, The Store undertakes to apply the rates in force indicated in the Store at the time of the confirmation of your order. In the case of orders made with payment by transfer, the price that was stated at the time of the order will be kept for up to 5 calendar days later. The Store will inform if the order is cancelled, if payment has not been received, or if it remains valid. If it is maintained, a new acceptance will have to be requested if the price is changed.
The Store may increase the agreed prices up to the time of delivery of the Products. Except in those cases in which the change in prices is greater than 10%, said increases will not give the Client the right to resolve the order. Price increases resulting from government measures, such as taxes, import duties, environmental obligations, etc., will not be understood to be included in the above percentage. In the event that by virtue of the foregoing, the Client intends to proceed with the resolution of the order, he must notify The Store by sending a certified letter with acknowledgment of receipt or burofax. In these cases, the Client will not have the right to claim The Store or request any compensation for said resolution.
The Store reserves the right to modify, in a non-substantial way, the characteristics and equipment of the material that appears in its catalogues, rates and forms, as well as the right to cease the importation and/or sale of the Products that it has in the catalog without prior notice or any obligation on their part, except in the event that there are pending orders for said Products, in which case the supply of another product as similar as possible will be agreed with the Client in accordance with their requests and needs.
The quantities served will be adjusted as much as possible to the quantity established in the order, although the parties accept that they may vary by more or less than 5%.
5. VISA or MASTERCARD credit card
We guarantee that each of the transactions made in La Tienda is 100% secure. All operations involving the transmission of personal or banking data are carried out using a secure environment. The Store uses a server based on standard security technology SSL (Secure Socket Layer). All the information you transmit to us travels encrypted through the network. (If you want to know more, visit our Secure Payment section).
Likewise, the data on your credit card is not registered in any database but goes directly to the Bank's POS (Point of Sale Terminal).
In addition, we inform you that in an effort to provide credit card owners with greater security, we have incorporated the secure payment system called CES (Secure Electronic Commerce) into our payment gateway. In this way, if you are the holder of a "secured" card, you can always make payments with a VISA or MASTERCARD card in our store.
In the event that your card is not attached to this payment system, La Tienda will only accept payment with a VISA or MASTERCARD credit card to customers with proven seniority and reliability.
In both cases, when paying with a VISA or MASTERCARD card, the following information will always be requested: the card number, the expiration date, and a Validation Code that coincides with the last 3 digits of the number printed in italics on the back of your card. VISA or MASTERCARD card, thus offering more guarantees about the security of the transaction.
Important: Credit card fraud is a crime, and La Tienda will take legal action against anyone who makes a fraudulent transaction in our online store.
6. BILLING
All orders placed in this Store will be sent together with their corresponding Delivery Note. The corresponding invoice will be sent at the time of confirmed payment via e-mail, and at any time after confirming your purchase a copy can be obtained from our page. The Client must bear in mind that the data supplied to the Client at the time of purchase will be the ones detailed in the invoice, and no changes can be made to them after their issuance. In the case of companies, it is important that they put in their boxes the CIF as well as the correct address and company name. All orders placed in this Store will be shipped within the periods provided in the Delivery Time Section. The personal data that the Client must provide us with are essential for sending orders and drafting invoices. In particular, it is understood that access to purchase is only allowed to people of legal age by legal imperative. The absence or lack of veracity of these data will lead to an automatic cancellation of the orders. When confirming your order, the Customer has the option to authorize us to keep their data for a maximum of two years and to request that The Store keep the Customer informed by email of news and promotions that may be of interest to them. The Client may also not do so and their data will be deactivated immediately. To see the information regarding the protection of your personal data, please read our Legal Notice and Privacy Policy.
Unless otherwise agreed, payments will be made in cash at the time of acceptance of the order in accordance with the provisions of Section 2. The obligation to deliver the Products by The Store will not arise until the Customer has made the payment in full.
In cases in which payment conditions other than those described above have been agreed, The Store reserves the ownership of the Products delivered until full payment of the agreed price. In the event that the Client does not make the payment in full and agreed terms , The Store may, at its option, demand the forced fulfillment of that obligation or leave the order without effect, terminating the contract, without prejudice, in both cases, to its right to demand compensation from the Client for damages. caused.
If there is a delay in the payment of the agreed price, The Store may require the Client an annualized financial interest equivalent to the Euribor for one year increased by ten points on the price pending payment.
If the Client incurs in judicial or extrajudicial insolvency, declaration of bankruptcy or suspension of payments, as well as in the event that a total or partial breach of the agreed terms materializes or is foreseeable, The Store will have the right to suspend the fulfillment of its obligations , totally or partially, until the Client has complied with all of its obligations without the need for prior notice and with the possibility of claiming the corresponding compensation for damages, as well as conditioning the delivery of the Products to payment. in advance of the orders once they have been accepted in accordance with the provisions of Section 2 of these Conditions in the event that other different conditions have been agreed. In cases in which a total or partial breach by the Client has materialized, The Store will also have the right to resolve the pending obligations, notifying the Client.
The Store will in any case be empowered to bill separately for partial deliveries of Products.
If there are pending payment obligations by the Client, it will be understood that any payments made will be allocated first to the payment of the oldest invoices, and, within them, it will be understood that the payment will be allocated first to costs and interest due and subsequently to the principal.
7. PLACES, DELIVERY TIMES AND SHIPPING COSTS
DELIVERY:
a.- The Store complies with its delivery obligation by making the Products available at the indicated address, warehouses or other establishments, its own or others, which in each case have been communicated to the Customer for collection. Once the delivery obligation has been fulfilled in the aforementioned terms, the risk will be understood to have been transferred to the Client.
The Client may request The Store to hire the transport service for the Products from the place where the delivery took place to the place designated by the Client. The transport will be carried out at the expense and risk of the Client.
b.- The delivery dates indicated by The Store are merely indicative. In the event of delays of more than 45 business days by The Store, the Client may cancel the order and resolve the sale or, if a partial delivery had been agreed, cancel the delivery of the pending part. This will not generate any responsibility or obligation to indemnify the Client by The Store.
c.- The Store will not be responsible for losses arising from delayed delivery or non-delivery of the Products, when they are the result of causes not attributable to The Store or its suppliers, or when reasonable efforts have been made to its fulfillment or when the delays are due to actions of the Client, Authorities, Customs, third parties or circumstances of force majeure, as said term is defined in Section 9 of these General Conditions.
d.- If the Client does not pick up the Products at the time of delivery, they will be placed in stock, with the Client assuming all the expenses derived from the lack of collection of the Products, as well as the risk derived from such non-compliance. If within fifteen days after the delivery of the Products the Client has not proceeded to collect them, The Store shall have the right to sell said Products to third parties and to claim any damage or loss that may have occurred due to the Client's breach.
e.- The Client will not be empowered, in the event of a claim or complaint of any kind presented by the Client, not to collect the Products after their delivery.
f.- The Store will be empowered to make partial deliveries of the Products, unless otherwise agreed.
7.1. National orders.
Orders will be shipped throughout the national territory (Spain). Orders will be sent according to the description of the work to be done on the product, and may fluctuate between 10 days if there is no customization and up to 60 days in some cases depending on the amount of work in the workshops, as well as the amount of work requested. as well as the availability of the Product. Shipments in Peninsular Spain and the Balearic Islands will be sent through various transport providers. The shipping costs (shipping taxes not included) in national orders less than €300.00 are as follows:
- From 0 to 10 Kg: mainland Spain: €6.00
- From 0 to 10 Kg: Balearic Islands: €8.50
- More than 10 Kg: mainland Spain: €36.00
- More than 10 Kg: Balearic Islands: €48.50
Shipments to the Canary Islands must be valued specifically and in no case will they include customs costs.
Notwithstanding the foregoing, delivery costs will be free exclusively for orders over €300.00 with delivery in mainland Spain.
If the delivery time does not meet the specific needs of the order, you must communicate it as soon as possible in order to find alternative delivery methods. We try to cover all the needs of our clients.
7.2. Tracking Service.
In the Virtual Store, the Customer will find information on the status of their order: Pending payment, in progress, delivered to the carrier, etc.
7.3. Damage during transport
The merchandise will be delivered conveniently packed, however, it may happen that the merchandise suffers damage during transport, due to theft, having endured excessive temperatures, by accident or for any other reason. The Client must not accept the merchandise if its external appearance reveals poor treatment during transport or if the container is broken or unsealed. If this happens, the Store will replace the merchandise with another in perfect condition within 5 days of receiving the refused shipment at the factory if it did not have a marking service, a period that should be added to these 5 days. However, the Customer must take into account that The Store is not responsible for merchandise that does not arrive with the seal intact. In the event that the Client decides to take charge of the package with reservations, we recommend that you state the observable defect when signing the collection sheet and, if it is in your hand, that you photograph both the outside of the box and its contents, preferably in the presence of the employee. of the carrier, in order to be able to make the appropriate claim to the carrier. Any incident of this type must be communicated within a period not exceeding 24 hours from the delivery of the same.
INSERT ANOTHER POINT HERE: RESERVATION OF DOMAIN:
In the cases in which The Store corresponds to a reservation of ownership over the Products, in accordance with the provisions of these General Conditions, it will retain full ownership of the merchandise delivered to the Client as long as the latter has not paid the full amount of the the invoice corresponding to such supply. As long as said retention of title is in force, the Client must keep the Products in perfect condition and must insure them against all risks. The Client may only dispose of the Products in accordance with what is customary in the context of their business activity, and must in all cases constitute a bank guarantee at first request for the value of the disposed goods. The same obligation will apply in the event that the Client wishes to manipulate the Products in any way, in accordance with the provisions of Section 7 of these General Conditions. In the event that LA Tienda requests the return of the Products, the Customer must make them available upon first request and cooperate with LA Tienda in everything possible to proceed with their return.
8. RIGHT OF WITHDRAWAL
On products purchased without a marking service, in accordance with the provisions of 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 others complementary laws, the Client has the right to withdraw from the contract without the need for any justification, a right that must be exercised within a maximum period of 14 days from the date of delivery. However, given the nature of the Products, the exercise of the right of withdrawal will be conditional on the Product being returned to the Store with the packaging and all the seals in perfect condition. In case of exercise of the right of withdrawal, the Customer will be reimbursed the full price of the product, the costs of returning the product being paid by the Customer. To exercise the right of withdrawal, the Client must contact the Store through mail or the contact form on the web or by telephone.
9. WARRANTY
Although the Products offered by La Tienda are reputed for the great uniformity of their high quality, it may happen that the Product does not meet the guaranteed quality for reasons beyond the control of La Tienda. If, once the Product has been delivered, the Client considers that this is the case, they must send us an email describing their complaint and attaching a photo of the Product claimed no later than five days from receipt. Within five days you will receive a response to your claim accepting it totally or partially with the appropriate justification, and the Customer will be offered from the replacement of the merchandise with expenses at our expense to a repair system or even the full refund of your money. on the same account or card that you used for payment. In the latter case, the Client must return the merchandise to The Store and the refund of the amount will take place once the shipment has been received and its content verified, all within a period of 5 days. Given the characteristics of the Product, returns that have not been preceded by an e-mail notification and confirmed by our Customer Service department (customer service hours on working days 9:30 a.m.-1:30 p.m./4:30 p.m.) will not be accepted. -18:30).
10. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Store is the owner of all the intellectual and industrial property rights of its website, as well as the elements contained therein (for example, images, sound, audio, video, software or texts; trademarks or logos, combinations of colors, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). All rights reserved. The images, descriptions and some statements of the products are the property of their respective providers. Some software used may be freely distributed or have another license belonging to its respective owners that allows its use on this website.
By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making them available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited. any support and by any technical means, without the authorization of the Store.
The Client undertakes to respect the Intellectual and Industrial Property rights owned by the Store. You can view the elements of the portal and even print, copy and store them on your computer's hard drive or on any other physical medium as long as it is solely and exclusively for your personal and private use. The Client must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of the Store.
DISTRIBUTION AND AGENCY.
In no case may the Client be considered a distributor or commercial agent of The Store of its own brands, or of the brands that it exploits under license, except when expressly agreed in writing. Consequently, the Client may not act or generate the appearance in the market of being such a distributor, commercial agent or representative of The Store of any kind, being therefore responsible for any damages that may arise from the non-observance of this Section. .
11. DATA PROTECTION.
The user authorizes the automated processing of the personal data that they voluntarily provide to the Store through forms, email, or any other means. The Store undertakes to adopt security measures of a technical and organizational nature to protect the confidentiality and integrity of the user's personal data, in accordance with the provisions of Organic Law 15/1999 of December 13, on the Protection of Personal Data. Personnel, and other applicable legislation. Personal data will be processed in accordance with the provisions of the aforementioned Organic Law 15/1999, on the Protection of Personal Data. Therefore, the user may exercise the rights recognized by law of access, rectification, cancellation and opposition of their personal data.
Any user can make use of these rights by means of written communication addressed to:
SetYourLogo SLU
C./ Penalara, 17
10004 Caceres, Spain
The data will be guarded to avoid its alteration, loss, treatment or unauthorized access.
Said data may be used to carry out statistical studies, to inform about changes in the service or to send requested information about the products of the Store (or affiliated entities) that may be of interest. In no case may the data be communicated or transferred to third parties without the prior and express consent of the user. The transfer of data would be limited, in any case, by Spanish legislation on data protection.
12. EXCLUSION OF WARRANTIES AND LIABILITY:
- Exclusion of Guarantees:
The Store is not responsible, in any case, for damages of any nature that may cause, by way of example: errors or omissions in the contents, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the necessary technological measures to avoid it.
- Responsibilities and Force majeure:
The Store will be responsible for any damage, loss, theft, etc., that may occur until the delivery of the Products in accordance with the provisions of Section 5 of these General Conditions. From that moment on, the Client will be responsible for any responsibilities and incidents related to them, even when it is THE Store who contracts the transport of the merchandise on behalf of the Client.
The Store does not assume any responsibility for the material or personal damages that occur to the Client, its employees and/or any third party as a result of the manipulation and/or transformation of the Products by the Client or any third party unrelated to LA Tienda Likewise, LA Tienda does not guarantees the adequacy and suitability of the Product for the use desired by the Client.
The delivery of the Products may be delayed or suspended due to force majeure, not deriving any responsibility from THE Store. By way of illustration only, cases of force majeure are considered to be fires, explosions, lightning strikes, sudden inability to supply Products due to lack of supply of Products and/or the materials necessary to make them by the suppliers of The Store, lack of labor, etc. In the event that the period of force majeure extends or is expected to extend for a period greater than 30 days, the parties may agree in writing to cancel the order or to deliver it at a later date without this giving rise to any liability of the same.
In the cases in which the Client indicates to The Store the need for the Products supplied to show a certain commercial brand, graphic design, label or any other distinctive sign, THE STORE will not be responsible for any improper use of the same by the Client. , as well as the judicial or extrajudicial actions or claims that derive from it, the Client committing to keep harmless from any consequence that could derive from any claim made by third parties.
The Client also undertakes to keep The Store harmless for any claims filed by third parties related to or derived from the fulfillment by The Store of the instructions sent by the Client, as well as the use by The Store of the materials provided. by the Client for the preparation of the Product.
13. FRIEND CODE
The Store reserves the right to deny or withdraw the friend code promotion whenever it considers that it is not carried out in good faith by the Client.
The mechanics of the promotion consist of:
Every Customer will get their own friend code with the registration in the Store.
This friendly code is freely distributed, providing third-party Clients who register by incorporating this code in the same registration or later, the advantages described at each moment according to the promotion and the moment of registration.
The Store reserves the right to change the conditions or benefits at any time.
The User will have access to the benefits or coupons obtained through their user page.
In cases where the user wishes to exchange a coupon for third-party services, such as gift cards, it will suffice for the Client to communicate via e-mail including the coupon code to be exchanged to promotions@setlogo.com, this will be provided according to the conditions of the gift card itself either via email or physical format.
14. RIGHT OF EXCLUSION
LA Tienda reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or by a third party, to those users who fail to comply with these General Conditions of Use.
15. APPLICABLE LAW AND JURISDICTION
These General Conditions in the relationship between The Store and the Client, will be governed by current Spanish regulations and any dispute will be submitted to the Courts and Tribunals of the city of Cáceres, expressly waiving any other jurisdiction that may correspond to them, except those assumptions in which by legal imperative the competent Courts and Tribunals are others.