1. General information
2. The user
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, since the navigation of the Website begins, all the Conditions herein established, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make inquiries and purchases or purchases legally valid.
- Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
- Provide truthful and lawful contact data, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may formalize, at his / her option, the owner of the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. Purchase or acquisition process
All purchase orders received by the Owner through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure affects the supply thereof and / or the provision of services. If there are difficulties in the supply of products or no products are left in stock, the owner undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will also be applicable in cases in which the provision of a service becomes unrealizable.
5. Prices and payment
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied. Shipping costs are included in the final prices of the products as shown on the Website. Thus, the holder performs delivery and / or delivery services through the post office. In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely. Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation. The means of payment accepted will be: Credit or debit card, and payments on the PayPal platform. Credit cards will be subject to checks and authorizations by the bank issuing the same, if said entity does not authorize payment, The owner will not be responsible for any delay or failure to deliver and may not enter into any agreement with the User . Once the owner receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the moment in which the User is sent the confirmation of delivery and / or confirmation of the service provided in the form and, where appropriate, established place. In any case, when clicking on the corresponding payment box, the User confirms that the payment method used is his or that, in his case, he is the legitimate holder of the gift card or the credit card.
In those cases in which the physical delivery of the contracted goods is to be carried out, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands), rest of Europe or any other place. Except for those cases in which there are unforeseen or extraordinary circumstances or, as the case may be, arising from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the term indicated on the Website. the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation. If for any reason, which was attributable, The owner could not meet the delivery date, contact the user to inform you of this circumstance and he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the total refund of the price paid. In any case, home deliveries are made on weekdays. If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it delivered again. If the User is not going to be at the place of delivery in the agreed time slot, he must contact The Owner to arrange delivery another day. In the event that 30 days have passed since your order is available for delivery, and has not been delivered for reasons not attributable to the owner, the owner will understand that the user wishes to withdraw from the contract and it will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of the additional costs resulting from the User's own choice of a delivery method different from the less expensive mode of ordinary delivery offered by the Website. , without undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated. However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him / her. For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited through the signature of the reception of the order at the agreed delivery address. The risks that the products could derive will be borne by the User from the moment of delivery. The User acquires ownership of the products when the owner receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the full receipt of the amount object of payment by the holder. In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canarias, Ceuta and Melilla. The applicable VAT rate will be the legally valid at all times depending on the particular article in question.
7. Guarantees and returns
In cases where the User purchases products on or through the owner's Website, they are assisted by a series of rights, as they are listed and described in current legislation, on guarantees and returns.
We sincerely hope that everything goes well along the way and that when your order arrives that it is what you asked for and exceeds expectations. If not, and the order you receive is not what you expected, you can return it within a period of 14 days counting from when you receive it and the shipping costs will be paid by the customer.
It is very important to know that we will check to see if the garment is in good condition, and in the event that the product is out of stock, we will make a new one to the liking for the change.
We are a small company and we cannot bear the expenses derived from returns, so if you have any questions about measurements and the model, you can write to us and I will be happy to help you clarify whatever.
Unless otherwise provided by law, the owner will not accept any liability for the following losses, regardless of their origin:
- Any losses that were not attributable to any breach on your part.
- Business losses (including loss of earnings, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred).
- Any other indirect loss that was not reasonably foreseeable by both parties at the time when the contract for the sale of the products between both parties was formalized.
Likewise, the owner also limits his responsibility in the following cases:
- The owner applies all measures concerning to provide a faithful display of the product on the Website, but is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that are used or others of this nature.
- The owner will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific to the sector, resulting in delays, losses or theft of the product.
- Technical failures that due to fortuitous causes or of other nature, prevent a normal functioning of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. The owner puts all the means at his disposal for the purpose of carrying out the process of purchase, payment and delivery / delivery of the products, however is exempted from liability for causes that are not attributable to him, fortuitous event or force majeure.
- The owner will not be responsible for the misuse and / or wear of the products that have been used by the user. At the same time, origamiwear will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, the owner is not responsible for any breach or delay in compliance with any of the obligations assumed, when the same is due to events that are beyond our reasonable control, that is, due to force majeure , and this may include, but not limited to:
o Strikes, lockouts or other protest measures.
o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
o Impossibility of the use of trains, boats, airplanes, motor transport or other means of transport, public or private.
o Impossibility of using public or private telecommunications systems.
o Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and the holder will have an extension in the term to comply for a period of time equal to the duration of the force majeure event. The owner will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
9. Written communications and notifications
By using this Website, the User accepts that most of the communications with the owner are electronic (email or notices published on the Website). For contractual purposes, the User agrees to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that the owner sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User. The User can send notifications and / or communicate with origamiwear through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website. Likewise, unless otherwise stipulated, the owner can contact and / or notify the User in his email or at the postal address provided.
No waiver of The owner to a specific right or legal action or lack of requirement by The owner of the strict compliance by the User of any of its obligations shall mean, or a waiver of other rights or actions arising from a contract or the Conditions, nor will the User exempt from compliance with their obligations. No waiver of The owner to any of these Conditions or rights or actions arising from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
11. Applicable legislation and jurisdiction
The access, navigation and / or use of this Website and the contracts to purchase products through it will be governed by Spanish legislation. Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sale contracts between the Owner and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.