Purchase conditions
Introduction
This document (together with the documents mentioned in it) establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Conditions").
Please read the Terms 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 may be modified. It is your responsibility to read them periodically, since the conditions in force at the time of using the website or entering into the Contract (as defined below) will be those that apply to you.
The Agreement (as defined below) may be entered into, at your option, in any of the languages in which the Conditions are available on this website.
Our data
This website is operated under the name 9mas5shop.com
-YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.
Use of our website
By using this website and placing orders through it you agree to:
Use this website only to make legally valid queries or orders.
Do not place any false or fraudulent orders. 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.
Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy).
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.
Service Availability
The items offered through this website are only available for shipping to Spanish territory.
Conclusion of the contract
The information contained in these Conditions and the details contained on this website do not constitute an offer to sell, but rather an invitation to contract. No contract will exist 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 will be refunded in full.
To place an order, you must follow the online purchasing procedure and click on "Place Order". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through an email in which we confirm that the product is being sent (the “Shipping Confirmation”). The contract for the purchase of a product between us (the “Contract”) will only be formed when we send you the Shipping Confirmation.
Only those products listed in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any other products that may have been ordered until we confirm their shipment to you in a Shipping Confirmation.
Product Availability
All product orders are subject to product availability. In this sense, if difficulties arise regarding 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 greater quality and value that you can order. If you do not wish to order such substitute products, we will refund any amounts you may have paid.
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 require us to refuse to process an order after we have 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 any third party for removing any product from this website, whether or not such product has been sold, for removing or modifying any material or content on the website, or for refusing to to process an order once we have sent you the Order Confirmation.
Delivery
Without prejudice to the provisions of Clause 6 above regarding the availability of the products and unless extraordinary circumstances occur, we will attempt to ship the order consisting of the product/s listed in each Shipping Confirmation before the delivery date listed in the Shipping Confirmation in question or, if no delivery date is specified, within 30 days from the date of the Shipping Confirmation.
However, delays may occur for any of the following reasons:
- product customization
- specialized articles
- unforeseen circumstances
- delivery area
If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. 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 "delivery" has occurred or that the order has been "delivered" at the time of signing for receipt of the order at the agreed delivery address.
Impossibility of delivery
If after two attempts it is impossible for us to deliver your order, we will try to find a safe place to leave it. Likewise, we will leave you a note indicating where your order is and how to pick it up. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.
If after 30 days from when 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, we will refund the price paid for such products as soon as possible and, in any case, 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 to you the transportation costs derived from shipping and termination of the Contract.
Transfer and risk of product ownership
The risks of the products will be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including delivery costs, or upon delivery, if this occurs at a later time.
Price and payment
The price of each product will be the one stipulated at all times on our website, except in the case of obvious error. Although we try to ensure that all prices on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and 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 any amounts paid will be fully refunded.
We will not be obliged to supply any product to you at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the error in the price is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price.
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount.
Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have made your purchases, all the items you wish to purchase will have been added to your basket and the next step will be to process the order and make payment.
-Shipping to Spain and Portugal
-Free shipping costs for purchases over €100.
-Shipping costs of €4.90 for purchases equal to or less than €100
IF THE ORDER IS OVER €100, SHIPPING IS FREE to the Peninsula. For the Balearic Islands, €15 will be charged and for the Canary Islands, €60 without the option of free shipping.
For International or European Union shipments, consult rates at hola@9mas5shop.com
The buyer will be responsible for all customs costs associated with the importation of the product.
For customs reasons, the order may also be delayed.
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 items will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
Exchange and return policy
Legal right to withdraw from the purchase
In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract (except when the object thereof is any of the products in respect of which the right of withdrawal is excluded in the Common Provisions) at any time within the within 30 calendar days from the delivery date of your order.
In this case, you can proceed to return the product. (return conditions)
You may prove the exercise of the right of withdrawal in any manner permitted by law, and in any case said right will be considered validly exercised by sending the withdrawal document that we provide or by returning the products.
This provision does not affect other rights recognized by the consumer by current legislation.
The conditions applicable to exchanges and returns are included in the "exchanges and returns" section of this website, to which we refer.
Common provisions: You will not have the right to withdraw from the Contract whose purpose is the supply of any of the following products:
Personalized items: For hygiene reasons, earrings cannot be returned.
Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them and that contain all the seals and labels with which they were delivered to you. Please return the item using or including its original packaging. It must also include all instructions, documents and product packaging. No refund will be made if the product has been used beyond simply opening it or if it has suffered any damage, so you must be careful with the products while they are in your possession.
Liability and Exoneration of Liability
Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased from our website will be strictly limited to the purchase price of such 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; either
- In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the provisions of the previous paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any responsibility for the following losses, regardless of their origin:
- loss of revenue or sales;
- loss of business;
- lost profits or loss of contracts;
- loss of anticipated savings;
- data loss; and
- waste of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless stated expressly the opposite in it.
All product descriptions, information and materials appearing on this website are provided as truth and without express or implied warranties regarding them.
To the extent permitted by law, we exclude all guarantees, leaving aside 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, nor your right to withdraw from the Contract.
Intellectual property
You acknowledge and consent that all copyright, trademark and other intellectual property rights on the materials or content provided as part of the website belong at all times to us or to those who have granted us a license for their use. You may use such material only as expressly authorized by us or those who have licensed its use to us. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.
Cookies: By accepting this privacy policy you consent to the use of cookies used on this website, as they are an essential part of the way our website works. The main objectives of our cookies are to improve your browsing experience. For example, cookies help us identify you (if you are registered on our website), remember your preferences during your browsing and on future visits, manage your shopping cart, allow you to make purchases, etc.
Written communications
The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most 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 consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
Notifications
The notifications you send us should preferably be sent through our contact form. For our part, we may send you communications either to the e-mail or to the postal address provided by you when placing an order.
It will be understood that notifications have been received and have been correctly made the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , which was sent to the email address specified by the recipient.
Transfer of rights and obligations
The Agreement is binding on you and us, as well as our respective successors, assigns and assigns.
You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations derived from it in your favor or to you, without having obtained our prior written consent.
We may transfer, assign, charge, subcontract or otherwise transfer a Contract or any of the rights or obligations arising from it in our favor or to us, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, if applicable, you have as a consumer recognized by law or will nullify, reduce or limit in any other way the guarantees, both express and tacit, that we could have granted.
Transfer of rights and obligations
The Agreement is binding on you and us, as well as our respective successors, assigns and assigns.
You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations derived from it in your favor or to you, without having obtained our prior written consent.
We may transfer, assign, charge, subcontract or otherwise transfer a Contract or any of the rights or obligations arising from it in our favor or to us, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, if applicable, you have as a consumer recognized by law or will nullify, reduce or limit in any other way the guarantees, both express and tacit, that we could have granted.
Events beyond our control
We will not be liable for any failure or delay in performance of any of our obligations under a Contract, the cause of which is due to events beyond our reasonable control ("Force Majeure Event").
Causes of Force Majeure will include any act, event, failure to perform, omission or accident that is beyond our reasonable control and will include in particular (without limitation) 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, ships, planes, 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 in 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 Event continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to perform our obligations under the Contract despite the Force Majeure Event.
Resignation
The lack of a requirement on our part for strict compliance on your part with any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us under of said Contract or 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 constitute a waiver of other rights or actions derived from the Contract or the Conditions.
No waiver on our part 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 is formalized and communicated to you in writing in accordance with the provisions of section of Notifications above.
PARTIAL NULLITY
If any of these Conditions or any provision of a Contract are declared null and void by a final resolution by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject of these Conditions and replace any other pact, agreement or previous promise agreed between you and us verbally or written.
You and we acknowledge that we have 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 both of us prior to said Contract, except as expressly mentioned. in these Conditions.
Neither you nor we will have any remedy against any untrue statement made by the other party, whether verbal or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only action available to the another part will be for breach of contract in accordance with the provisions of these Conditions.
OUR RIGHT TO MODIFY THESE TERMS
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 retroactive changes to said policies, Conditions or Privacy Policy, in which case, the possible changes will also affect the orders that you had previously placed
APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products 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 submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause affects the rights that current legislation recognizes you as such.
COMMENTS AND SUGGESTIONS
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form.