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1. INTRODUCTION AND COMPANY DATA
2. TERMS AND CONDITIONS OF USE OF THE WEBSITE
2.1 Age restrictions
There are no age restrictions on browsing the Website.
You may read our policy on cookies at www.eibarstore.com/cookie-policy
2.3 Policy on links
The Website provides Users with technical rerouting features (e.g., links, banners, and buttons), directories and search tools that enable Users to access websites belonging to or managed by third parties (hereinafter, "Linked Sites").
The sole purpose of posting these links, directories and search tools on the Website is to help Users find and access other information, content and services available on the internet.
SD EIBAR does not provide or market on its own account or through third parties the information, content and services available on the Linked Sites, nor does it exert any prior control, approve, recommend, supervise or endorse them. The User should therefore proceed with all due caution when assessing and using the information, content and services posted on Linked Sites.
SD EIBAR provides no guarantee, and cannot therefore accept any liability, for whatsoever losses and damages that may be incurred by the following:
(a) The operation, availability, accessibility or continuity of the Linked Sites;
(b) The maintenance of the information, content and services posted on the Linked Sites;
(c) The provision of the information, content and services posted on the Linked Sites;
(d) The quality, legality, reliability and usefulness of the information, content and services posted on the Linked Sites,
2.4 The Website’s industrial and intellectual property
The Website and its sundry component features, such as databases, software applications, distinctive signs, logos, photographs, clips from audiovisual works, graphic designs and whatsoever others, are subject to the intellectual and industrial property rights of which SD EIBAR is the sole owner or licensee with the required scope. This Legal Disclaimer does not imply any conveyance or transmission in favour of the User of whatsoever intellectual or industrial property rights over the Website or any of its component features. Users are expressly forbidden to reproduce, distribute, transform, publicly disclose, make available, extract, reuse, forward or exploit by whatsoever means or procedure the Website or its component features, except in those cases in which they are legally entitled to do so, or when specifically permitted to do so in writing by SD EIBAR.
Users may display and download a temporary private copy of the Content available on the Website exclusively for their own personal and private use on their electronic devices, provided that their purpose is not to pursue activities of a commercial or professional nature. Users are to refrain from circumventing or seeking to circumvent whatsoever technological measures adopted by SD EIBAR to restrict acts that have not been authorised by SD EIBAR or by third parties owning the rights over protected works or services that are available via the Website. Users are to respect at all times the intellectual and industrial property rights over the Website, whether these are owned by SD EIBAR or by third parties.
2.5 The Website’s exemption from liability
SD EIBAR excludes, to the fullest extent permitted by current legislation, all liability for any losses or damages of whatsoever nature that may be due to the lack of availability or continuity of the Website’s operation, to any fraudulent use that Users may have attributed to the Website, to the fallibility of the Website, and in particular, albeit not on an exclusive basis, to failures in the access to the different pages on the Website.
SD EIBAR excludes, to the fullest extent permitted by current legislation, all liability for any losses or damages of whatsoever nature that may be due to the presence of a virus or the presence of other features on the Website that may disrupt the Users’ software system, or their electronic documents and files.
SD EIBAR is not required to monitor, and does not monitor, the use that Users make of the Website. In particular, SD EIBAR does not guarantee that Users will use the Website according to this Legal Disclaimer, or that they will do so in a due and proper manner. SD EIBAR is not required either to verify, and does not verify, the identity of Users, nor the truthfulness, validity, completeness and/or authenticity of the data Users provide.
2.6 User obligations
Users undertake to use the Website according to the law, this Legal Disclaimer, and any other disclaimers, regulations on use and instructions disclosed to them.
3. Definitions and description of the Service
SD EIBAR uses the internet to conduct its own club "merchandising". This will be referred to hereinafter as "the Service". "The User" is a person that browses the Website without using the Services. "The Customer" is the User that besides browsing the Website also uses the Services. In such cases, we understand that the Customer acts as an end consumer and does not resell these products.
4. Geographical scope of the Service
Our Service covers the whole world.
5. Age restrictions
There are no age restrictions on browsing the Website. Nevertheless, use of the Service is only permitted for Customers over the age of fourteen (14).
6. Entrada en vigor de las Condiciones Generales de Contratación
Entry into force of the General Contracting Terms & Conditions
The General Contracting Terms & Conditions will apply as soon as the request for the Service made by the Customer has been accepted. Any request made by the Customer is to involve the express and unconditional acceptance of these General Terms & Conditions as an essential condition for the provision of the Service contracted with SD EIBAR, and which will respond to any one of the following circumstances: (i) a request for the Service made via the Website; (ii) payment of the corresponding invoice or charge, and (iii) whatsoever action taken involving the Customer that implies the use of the Service. The request will be accepted only when all the data have been properly provided on the request form and the Customer has accepted these General Terms & Conditions.
The provision of the Service will depend on the type of item chosen and on the delivery address. The product will be delivered within a period of 2 to 4 working days following the confirmation of an order placed from mainland Spain and in a maximum of 17 days for the rest of the world. Bear into account that for personalized products the delivery date will be incremented in 4 to 8 days.
If the item is out of stock and has to be ordered, SD EIBAR will notify the Customer of the delay by email, and the Customer may choose to cancel the order without any charge being made to them.
As regards the provision of the Service, SD EIBAR will charge the Customer the price that at any given moment SD EIBAR has in force for its commercial range, which will be available to the Customer on the Website, and which the Customer accepts when contracting the Service. All current prices, discounts and tax as applicable are itemised for each one of the products purchased.
The consideration of price modification does not apply to any changes made to the taxes legally applicable to the Customer, which will come into force on the date specified by law.
Prices will be raised by the taxes that the Customer is legally required to pay in Spain, and SD EIBAR does not undertake to pay any fees, taxes or levies incurred by the Customer’s activity or as required by whatsoever Official Agency or Professional Association. Accordingly, the Customer undertakes to pay, among others, Value Added Tax -Impuesto sobre Valor Añadido- (or any other tax of a similar nature that replaces it) corresponding to each item on the invoice.
9. Invoicing and methods of payment
SD EIBAR will charge the Customer, for the provision of the Service, the quotas and prices as listed according to these General Terms & Conditions and the current commercial offer posted on the Website. Pursuant to the latest legislation, electronic invoices are valid for all purposes, so SD EIBAR will not be issuing any invoices on paper.
The Customer will pay for the provision of the Service using the bank’s corresponding payment method.
10. Conditions of use of the Service
Customers will use the Service in their capacity as end consumers. Customers may purchase the products as they are offered on the Website or, in certain cases, they may purchase said products in a personalised form. Such personalisation is to be requested by the Customer, and may involve the printing of letters and/or images on the products.
11. Policy on guarantees and returns
If a product is not consistent with the contract and/or its specifications, the Customer has two years to exercise the guarantee, pursuant to Spain’s Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law on the Protection of Consumers and Users, and other secondary legislation.
Likewise, the Customer is entitled to a period of seven days as of receipt of the order to discharge the contract and return the product purchased. In these cases, SD EIBAR will reimburse the cost of the purchase using the same method of payment used by the Customer.
As an exception, all those products made according to the Customer’s specifications or clearly personalised may not be returned. No return will be accepted either of those products that are not in perfect condition or in their original box or packaging.
The costs involved in the return of a product subject to the Service will be met by SD EIBAR. The Customer is to notify SD EIBAR by email within the stipulated timeframe of their wish to return the product.
12. Cancellation of the Service
SD EIBAR may immediately withdraw the Service and these General Terms & Conditions by a notification made through the means established in the next condition, in the event of any of the following contingencies, without prejudice to any other circumstances provided for in these General Terms & Conditions:
(1) Cessation of trading;
(2) Breach by the Customer of the obligations laid down in these General Contracting Terms & Conditions;
(3) In cases of force majeure or unforeseen circumstances;
In the event of any modification of the terms of the valid authorisation for the provision of the Service, or it is revoked or rejected for whatsoever reason, these General Terms & Conditions will be immediately discharged, and the Customer will not be entitled to any compensation whatsoever for the modification, revocation or withdrawal of the authorisation or for said discharge. In the event there is a Service request pending and not yet dispatched, SD EIBAR will reimburse the cost of the purchase using the same method of payment used by the Customer.
Whatsoever notification made by SD EIBAR to the Customer in relation to these General Terms & Conditions is to be sent to the address or email specified by the Customer via the Website.
Whatsoever notification made by the Customer to SD EIBAR in relation to these General Terms & Conditions is to use one of the following channels:
(2) Ordinary post addressed to SD EIBAR, Ipurua Kalea, 2 – 20600 Eibar (Gipuzkoa - Spain).
14. Exclusion of liability of the Service
SD EIBAR excludes, to the fullest extent permitted by current legislation, all liability for any losses or damages of whatsoever nature that may be due to the presence of a virus or the presence of other features on the Website and in the Services that may disrupt the Users’ software system, or their electronic documents and files.
SD EIBAR excludes all liability for any typographic error related to a product’s price or specifications. Nevertheless, in the event of an error of this nature and the Customer has contracted a Service, SD EIBAR will contact the Customer as soon as possible to notify them of the error, either to resolve it or to offer the Customer a Service of an equivalent nature.
SD EIBAR excludes all liability related to the personalisation of products by the Customer, especially those involving spelling mistakes, typographic errors, or a lack of quality in the photographic image.
15. Modifications of the General Contracting Terms & Conditions
These General Contracting Terms & Conditions, including the prices of the Service, may be modified by SD EIBAR at any time for technical, operating, economic, service or market reasons, with prior notification made to the Customer pursuant to current legislation. The Customer accepts that the Service may be modified whenever a legal or statutory provision so requires, and SD EIBAR will notify the affected party.
The current General Contracting Terms & Conditions will be available at all times at the bottom of the page on the Website, and will always be accessible from all the pages on the Website.
Your data will be added to an electronic file held by SD EIBAR that has been duly recorded before the General Register for the Protection of Personal Data, for the following purposes:
- Answering your questions and inquiries
- Marketing, maintaining this relationship, and managing the Service
- Delivering commercial messages both electronically and on paper
SD EIBAR hereby informs you that it may, as appropriate, disclose this information to the following:
- The Tax Authorities, for compliance with fiscal obligations, and Financial Institutions, for the management of collections and payments.
- Municipal Consumer Information Offices, or any other local, regional or national authority with powers in matters of consumer disputes.
- Courts and Tribunals, the Security Forces and the Police, as per the requirements laid down in data protection legislation.
If you tick the corresponding box, your data may be disclosed to the following companies (entidades.imagina-media.com/) for the delivery of commercial messages both electronically and on paper.
By providing your data, you agree to their inclusion in the aforementioned file for the purposes as listed above.
17. Applicable Legislation and Venue
The User and/or the Customer enters into a contract with SD EIBAR subject to the system laid down at any given moment by Spanish legislation governing the Services provided by SD EIBAR by virtue of this Legal Disclaimer and the General Contracting Terms & Conditions.
SD EIBAR and the User and/or the Customer, with express waiver of any other right to which they may be entitled, submit to the Courts and Tribunals of the User’s domicile for whatsoever dispute that may arise from this Legal Disclaimer and the General Contracting Terms & Conditions.