CONDITIONS OF PURCHASE
1. Identification of the website owner: the owner of the domain and the web page https://www.lastijerasmagicas.com/es/ (from now on, the "Web" or the "Web Site") is GRUPO LAS TIJERAS MÁGICAS 2006, S.L., C/ Capitán Antonio Mena, 150 - 03204 Elche, with C.I.F.: B54974217, duly registered in the company registration of Alicante in volume 3.996, book 40, section 8, sheet A-152860. From now on, LAS TIJERAS MÁGICAS.
You can contact us directly and effectively by phone at +34 966 656 452, or by email at email@example.com.
The following conditions are applicable to the products purchased in LAS TIJERAS MAGICAS.
If you accept the following conditions you confirm that you are of legal age, with sufficient capacity to contract and that you have read and understood all the conditions.
2. Contractual terms: the terms and conditions of the purchase are established in this document. The prices appear on the website.
2.1. Availability of the shipping service: the items offered on the Website are only available for shipment to the countries and territories detailed in the "Shipping and Delivery" section.
INFORMATION ABOUT CUSTOMS: if you order products from a country outside the European Union, you may be required to pay import duties and taxes. These taxes will be charged to you when the package arrives at its destination. Any additional charges due to customs processing will be your responsibility. We have no control over such amounts. Customs policies may vary significantly from one country to another. Please, check the conditions of the custom office of your country for further information. In addition, when you place an order through our Web Site, from a legal point of view, you are considered an importer, and you must therefore comply with all applicable regulations in the country where the products are received. We also warn you that international shipments are subject to inspection and opening by customs authorities.
2.2. Contract language: you may purchase the products and articles of the website in English and Spanish.
2.3. Copy of these terms and conditions: we will not retain a copy of these terms and conditions in connection with your purchase, so we recommend that you keep a copy of these terms and conditions on each occasion.
2.4. Technical means to correct errors: the Web Site does not have technical means to identify and correct errors in the introduction of your data, but it detects if any field is not complete. In that case, it will not allow you to continue with the purchase process.
However, if you detect that during the process you have made a mistake, you should contact us as soon as possible to correct it, by telephone and/or email indicated above.
If you have registered as a customer on the Website, you also have the possibility to correct your data through your customer account, identifying yourself with your username and password.
We will not be responsible if you have not rectified your data before the order has left our storehouse. However, if there is a problem with the delivery, we or the corresponding transport company will contact you to try to rectify the incident.
2.5. Purchase process:
You can access the items offered on the Website through its different sections or through the home page. If you are interested in any product, you can click on it and you will access the product description and its features.
If you want to purchase the item and it is available, you must select the options that, where appropriate, are provided and add it to the cart, and finalize the order.
To add any other product to the order, you will have to repeat that process.
Before placing the order and making the payment, you will be able to see a breakdown of the price, the VAT, the shipping costs, and any additional costs.
To finalize the order, you must register as a customer, providing the data requested in the registration form: email, password, first name, last name, postal address of delivery, telephone, etc.). It is essential to complete those fields that the system will indicate as necessary to process the order. We remind you that you are responsible for the truthfulness, accuracy and correctness of your data.
Since you already have a customer account, you will not have to re-enter all your data for subsequent purchases. If you wish to delete your customer account, please contact us.
If you detect any error in the data you have entered in the form, you can and should proceed to correct it by logging into your customer account, or by contacting us by phone or email.
We reserve the right to verify the personal data provided and to take such measures as we consider appropriate to ensure the compliance of these terms and conditions.
Then you must select the shipping and the payment method.
Once you have read the terms and conditions, if you agree with them, you can proceed to their acceptance by checking the box created for that purpose. Then, you have to click the corresponding button to place the order and pay for it.
After completing the whole process satisfactorily, we will confirm the purchase by email to the address you have provided, indicating the details of the order placed, the amount of the purchase and all the costs associated with it, attaching a PDF copy of the purchase conditions that you have accepted.
3. Payment methods:
3.1. Payment with credit/debit card: if you choose this payment method, you are guaranteeing that you have full authorization for the use of the card in the purchase process. The charge on the card will be made in real time through the virtual POS system of the bank, once the correctness of your data has been verified. We will not store any of the card data. At the time of order processing, the card data will be transmitted encrypted and absolutely secure, for the sole purpose of making the payment to the financial institution of the amount corresponding to the order placed.
The cards will be subject to checks and authorizations by the issuing entity, but if the issuing entity does not authorize the payment, we cannot consider the purchase as complete.
3.2. Payment with PayPal: if you have a PayPal account you will be able to use this payment method. Likewise, if you make the payment through this system, you are confirming that you have full authorization for the use of the PayPal account.
3.3. Payment by bank transfer: once you have completed the entire process and confirm the order, we will send you an email in which we will indicate the account number where to make the bank transfer. In case we have not received the corresponding amount of the order after 72 hours from the purchase confirmation, it will be automatically cancelled.
If you wish to speed up the verification of the payment made, you can send a copy of the transfer receipt by email.
3.4. Cash on delivery: you must pay the amount of the purchase to the delivery person of the transport company, at the moment of the delivery of the contracted product. You must also pay the shipping cost and, if applicable, a commission that will be expressed during the purchase process and that will be stated in the detail of the order confirmation. This commission is the amount that we have to pay to the transport company for the management of the cash on delivery.
4. Availability and delivery of orders: the items offered through the Web Site are only available for shipment to the indicated territories above. Under no circumstances will orders be delivered in PO boxes.
In accordance with the Article 110 of the Spanish Royal Legislative Decree 1/2007 of 16th November (Consolidated Text of the Law for the Defense of Consumers and User, from now on, TRLGDCYU, its Spanish acronym), in case of one of the ordered goods is not available, we will inform you of this unavailability as soon as possible, and you will receive the refund for the sums you have paid for that article without undue delay.
The delivery of orders will be made to the postal address you have designated. We cannot assume any responsibility if the delivery of the product does not take place because the information you have provided us is false, inaccurate or incomplete, or when the delivery cannot be made for reasons attributable only to you, beyond our control or the control of the designated transport company, such as the absence of the consignee.
In the event that you are absent at the time of delivery, the transport agency will leave a notice indicating how to proceed to set up a new delivery.
If it is not possible to leave the above mentioned notice, the transport company will contact you by telephone. If these efforts are unsuccessful, we will contact you to resolve the incident.
5. Shipping costs: you can find the shipping rates to the different territories here. In any case, the amount corresponding to the shipping costs will be broken down before finalizing the purchase.
If the amount of the order exceeds a certain amount, which is published on the Website, shipping will be free of charge for you, but only for deliveries in the territories indicated in the link above.
6. Delivery time:
The delivery time in Spanish territory and Portugal is between 24 hours and 2 working days.
The delivery time in the rest of Europe is between 3 and 6 working days.
The delivery time in America, Asia, Africa and Oceania is between 3 and 5 weeks.
Please note that there is no delivery service on weekends.
Orders placed after 17.00h, on weekends or on local holidays in Elche or national holidays in Spain, will be understood to be placed on the immediately following working day.
For shipments destined to territories outside the European Union we cannot be held responsible for delivery delays caused by incidents in custom offices external to us.
7. Prices and invoicing:
7.1. Prices: the prices of the products will be published on the Website, and they will include applicable V.A.T. in any case. The products must be totally paid at the time of placing the order.
In accordance with the Article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the delivery of the articles shall be considered as located in the territory of application of Spanish VAT if the delivery address is in Spanish territory (except for the Canary Islands). The applicable VAT rate shall be the legal and current rate at any given time depending on the specific article in question.
In orders destined for territories outside the European Union, deliveries will be exempt from VAT by application of the provisions of Article 21 of the Spanish Law 37/1992, without prejudice to the application of taxes and duties according to the legislation in force in each of these territories. In these shipments, you will have to pay in cash upon receipt of shipment and the declared value for customs purposes shall be the amount of the invoice in euros.
7.2. Invoicing: you expressly consent the issuance of the invoice in electronic format. You may revoke this consent by sending an email to that effect requesting the remission of the invoice on paper.
8. Warranty: we warrant that we will deliver products in conformity with the contract, as described in the product description and possessing the qualities of the product presented to you. We will be liable to the consumer for any lack of conformity existing at the time of the product delivery.
In accordance with the provisions of article 120 of the TRLGDCYU, we shall be liable for any lack of conformity of the products that becomes apparent within three years of delivery.
In case any product proves to be defective, we will proceed, as appropriate, to repair, replace, reduce the price or the contract resolution, which will be free of charge for you.
9. Defective products return: in the event that the products delivered is not in accordance with the contract, because they are damaged or defective, you can contact us through the contact form, email or telephone, providing the data of the product/s purchased, and indicating us the defect on the product, the date on which the order was placed and the date of delivery, as well as name, surname and email. We will contact you to tell you how to proceed.
In any case, if the product is found to be defective, we will proceed to refund all the costs (including shipping costs), and we will also assume the costs of the return.
10. Customer complaint procedure: in case of lack of conformity, error, defect or deterioration of the product attributable to us, you may contact us by email or by calling the above telephone number. You may complain within two months since you became aware of the incident, indicating your data, reference number of the order and the anomaly or defect detected.
In case of failure to comply with this deadline, you will not lose the right to the corresponding solution, but you will be liable for the damages caused by the delay in the communication (art. 123.5 TRLGDCYU).
11. European Online Dispute Resolution Platform: we inform you that if you are a resident of the European Union, you have the possibility of using the ODR (Online Dispute Resolution) platform through the following link:
Thanks to this platform, consumers and traders are allowed to submit complaints through an electronic form, available in all European Union languages, for all matters related to e-commerce or provision of services on the network, in accordance with the Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 and the Directive 2013/11/EU of the European Parliament and of the Council about alternative dispute resolution in consumer complaints.
12. Right of withdrawal:
12.1. What is and how to exercise the right of withdrawal: you have the right to withdraw from the purchase made within 30 calendar days from the date of delivery of the contracted product, without the need for any justification. Notwithstanding, the withdrawal period for the return of books will be 14 calendar days from the date of delivery.
To exercise the right of withdrawal, you must notify your decision to withdraw from the purchase through an unequivocal statement (for example, a letter sent by post, or email). You may use, if you wish, the model withdrawal form below, although its use is not mandatory:
Model withdrawal form in accordance with the annex of the Consumers and Customers Act 2007 (if you wish to withdraw from the products, you can copy and paste the following form into an email and fill in your details)
To the attention of GRUPO LAS TIJERAS MÁGICAS 2006, S.L., with registered office at C/ Capitán Antonio Mena, 150 - 03204 Elche.- Contact email: firstname.lastname@example.org.
I/we hereby inform you that I/we withdraw from the contract of sale of the following product(s) _______________ [identify product], ordered on ___/___/20__, and received on ___/___/20__.
Name and surname(s) of the CUSTOMER(S): ________________________________
Address of the CUSTOMER(S): ________________________________________
Date of the withdrawal communication: ___/___/20__
12.2. Consequences of withdrawal: if you decide to withdraw from your order, we will refund all payments you have made at the moment of the purchase, including delivery charges (with the exception of the additional costs resulting from the choice by you of a delivery method other than the least expensive mode of ordinary delivery that we offer), without undue delay and in any case not later than 14 calendar days from the date on which you communicate your decision to withdraw. We will proceed to reimburse the amounts paid through the same method of payment you used for the initial transaction.
We will withhold the refund until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.
In case of withdrawal, you must return or deliver the goods directly to us, without undue delay and in any event not later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline shall be deemed to be fulfilled if you return the goods before the expiry of this date.
You will have to accept responsibility for the direct cost of returning the goods in case of withdrawal.
You shall only be liable for any diminished value of the products if you handle the products more than necessary to establish the nature, characteristics and performance of the products.
12.3. Exceptions to the right of withdrawal: according to Article 103 of the TRLGDCYU, the right of withdrawal shall not apply to contracts relating to:
a) The provision of services, once the service has been completed, with the prior consent of the consumer and if he is aware that the purchase has been completed by the entrepreneur, he will have lost his right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
c) The supply of goods made to the specifications of the consumer and user or clearly personalized.
d) The supply of goods that may deteriorate or expire rapidly.
e) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
f) The supply of goods that after their delivery have been inseparably mixed with other goods, having in mind its nature.
g) The supply of alcoholic beverages whose price has been agreed upon at the time of the purchasing contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur's control.
h) Contracts in which the consumer and user has specifically requested the trader to visit him for urgent repair or maintenance operations; if, during the visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal should apply to the additional services or goods provided.
i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts referring to purchases in public auctions.
l) The provision of lodging services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
m) The supply of digital content that is not provided on a tangible medium when the performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal.
The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the customer domicile.