The present General Contract Conditions (hereinafter, the CONDITIONS) are established between JULIA GARCIA MONTERO, with registered address at Travesía Sucasa Nº 4, Leiro 36635 , Pontevedra and NIF number 47819100F (hereinafter the OWNER) and any physical person or legal entity placing an order (hereinafter, the CLIENT) via the website www.blythecustom.com, property of the OWNER (hereinafter, the WEBSITE).
2. Purpose and scope of application
The OWNER places the present CONDITIONS at the disposal of the CLIENT, which will govern the contracting of products and services via the WEBSITE. This document is permanently displayed on the afore-mentioned WEBSITE, with the CLIENT able to consult it, file it or print it.
The present CONDITIONS are available in the following languages:
The CLIENT agrees to the strict observance of and compliance with the provisions herein established, as well as any other legal provision that may be applicable.
Acceptance of this document implies that the CLIENT:
- Has read and understood everything set forth.
- Is of age and with sufficient capacity to enter into this contract.
- Assumes all the obligations set forth herewith.
The present CONDITIONS have indefinite validity and will be applicable to all contracts undertaken via the WEBSITE.
The OWNER reserves the right to unilaterally modify said CONDITIONS, without this affecting any assets or promotions that were acquired prior to the modification.
3. Contract procedure
The CLIENT, in order to access the services offered by the OWNER, must previously register on the system by creating a user account. In order to do so, the CLIENT must freely and voluntarily provide the personal details required.
The CLIENT, registered on the WEBSITE via username and password, the use and custody of which they are fully responsible for, is also responsible for the veracity of the personal data supplied to the OWNER.
The CLIENT agrees to make diligent use of their access data, and not make it available to third parties, as well as agreeing to notify the OWNER of any loss or theft of same or any possible unauthorised access by third parties, so that the CLIENT's account may be immediately blocked.
The client will not be able to choose as username any words that are intended to confuse others by identifying the latter as an integral member of the OWNER, as well as any expressions that are coarse, injurious and, in general, contrary to the law or the exigencies of morality and good manners..
Once the user account has been created, in accordance with the provisions of art. 27 of Law 34/2002 regarding Information Society Services and Electronic Commerce, the contract procedure will entail the following steps:
- Consulting information about the products: the CLIENT may consult information about any of the products offered by the OWNER. This information includes the product name, its description, an image for guidance only and price.
- Adding products to the shopping cart or basket: the CLIENT may add products they wish to acquire to their shopping cart or basket by clicking on the "Buy/Adopt" button.
- Consulting the shopping cart or basket: if they so wish, the CLIENT may at all times check the status of their shopping cart or basket. In order to do so, they should use the "Your basket" link. For each product acquired, they will be shown the name or denomination, unit price, quantity, and subtotal. In addition, they will be shown the total amount for all the products added to the shopping cart or basket.
- Place order: to place an order, the CLIENT must use the "Place order" link. The system will display a summary of the products acquired and the CLIENT's details. The CLIENT must complete the purchasing process by entering the details requested and clicking on the link "Continue to the next step”.
- Complete order: once the CLIENT accepts the order it is understood that they lend their consent to the validity and effectiveness of the purchase/sale contract that obligates both parties.
In any event, the WEBSITE will inform the CLIENT once the contract procedure has been completed, via an email which will include all of the characteristics, price, means of transportation, contract date and estimated delivery date for the product or service contracted.
4. Price and validity of the product/service on offer
All prices indicated for each product include Value Added Tax (VAT) - if applicable - and are expressed in Euros (€). Said prices do not include delivery costs, which will be published on the website and automatically applied during the placing order phase. Remember that our products are sent from Spain and for all purchases from outside of the EU there may be customs duties for which the purchaser will be responsible.
The prices of the products offered, save for typographical error, are the prices currently available, with any other prices from different dates not being in any way binding, and therefore orders will only be accepted where the amount paid coincides with the published prices on the WEBSITE on the date of the order..
Payment methods accepted are the following:
- Bank card
- Bank transfer
By placing an order, the CLIENT confirms their full and complete acceptance of the prices, of the description of the products for sale, of the payment method indicated and of these CONDITIONS, as well as any other specified in the order itself.
Any order placed with the OWNER will include the issuance of an order confirmation which will automatically be sent to the email address provided by the CLIENT.
For any information about the order, the CLIENT can contact the OWNER via the usual channels:
- Postal address: Travesía Sucasa Nº 4, Leiro 36635 , Pontevedra, Spain
- Customer service telephone number: +34 671276612
- Email address: email@example.com
In any such communication, the order number assigned and indicated on the purchase confirmation email must be included.
Placing an order implies acceptance of these CONDITIONS on the part of the CLIENT, as well as of any others specified in the order itself.
6. Delivery of orders
The OWNER delivers order to the following territories:
- National (Spain).
- International (Europe and all other countries).
Orders will be delivered to the address freely designated by the CLIENT. To this effect, the OWNER accepts no responsibility whatsoever when the product or service is not delivered as a consequence of the data facilitated by the CLIENT being false, inexact or incomplete, or when the delivery cannot be made for reasons beyond the control of the OWNER, such as absence of the recipient.
The commitment of the OWNER to sell and deliver the merchandise on offer remains subject to the stock of the advertised product and the availability of same through to end of stock. The OWNER, as part of her commitment to quality and customer service, will at all times seek to ensure that the advertised products are available. However, should exceptional circumstances cause the product to be out of stock, the order and contract entered into by the parties will be null and void.
Transportation costs are as follows:
- National (Spain): delivery costs depend on the type of product and method of delivery, ranging between 3,50€ and 12,50€ (VAT included). If the order amount is over 750€, there is no transportation cost. (Standard delivery).
- International (Europe and all other countries): Delivery costs depend on the type of product and the delivery method, ranging between 5,50€ and 65€ (VAT included). If the order amount is over 775€, the delivery cost is free (Standard delivery).
Estimated delivery times are as follows:
- National (Spain): 48-72 hours on working days, from notification of shipment made.
- International (Europe and all other countries): From 10 days to 3 weeks, from notification of shipment made, depending on country of destination.
7. Right to withdrawal
The CLIENT will have a period of 7 days from date of receipt of the product for return of same. Unless the return is made due to defects in the product, the costs relating to the delivery will be assumed by the CLIENT.
Any product for exchange or return must always be delivered with the original packaging and labelling intact, appropriately packaged and correctly protected. The item to be returned must be in the same condition it was received in, which will be determined by the OWNER's personnel. In order to return an order, it must be in perfect conditions, in its original packaging, with the seals unbroken and unused. The order amount corresponding to the merchandise will be refunded within a maximum of 10 days from its receipt in the conditions stipulated. Gifts or promotional items (no cost) are not subject to exchange or return.
In the event of lack of conformity, the CLIENT will be able to choose between requesting a replacement or a credit note corresponding to the price. The replacement will be made always providing there is stock for the product in the OWNER'S warehouse. The warranty will not be valid in the event of failings or damages due to improper handling of the product.
9. Protection of personal data
10. Entire agreement
Las presentes CONDICIONES constituyen el acuerdo total entre las partes referentes. En el supuesto de que una de las cláusulas de las presentes CONDICIONES fuera nula de pleno derecho, esto no afectará al resto de las condiciones.
11. Applicable legislation
The present CONDITIONS are governed by Spanish legislation. Specifically, they are subject to the provisions of Law 3/2014, of 27th March, by which the revised text of the General Consumer and User Act is modified, together with other complementary legislation, approved by Royal Legislative Decree 1/2007, of 16th November, which approves the revised text of the General Consumer and User Act and other complementary legislation; Royal Decree 1906/1999 of 17th December, which regulates Telephonic or Electronic Contracts; Organic Law 15/1999 of 13th December, regarding the Protection of Data of a Personal Nature; Law 7/1996, of 15th January, regarding Retail Commerce Regulation; Law 7/1998 of 13th April, on General Contract Conditions; Law 34/2002 of 11th July regarding Information Society Services and Electronic Commerce; as well as the legislation that extends the afore-mentioned.
For the resolution of any dispute or conflict relating to this WEBSITE or any of the activities undertaken therein, the Courts and Tribunals of the city of Pontevedra will be competent, with the CLIENT expressly renouncing any other jurisdiction that may apply.
12. Choice of Court
For the resolution of any dispute or conflict that may arise from these General Conditions, the OWNER submits to the criteria of determination established in the applicable legislation on consumers and users.