Terms of service
This translation is for convenience only and has no effect on the selected law.
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Price and Terms of Payment
- Delivery and Shipping Conditions
- Liability for Defects
- Applicable Law and Jurisdiction
- Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions of Katharina Martins
Lina Solecillo (hereinafter referred to as ‘the seller’) apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as ‘the customer’) and the seller in relation to goods or services offered by the seller in their online shop. The customer's own terms and conditions are hereby excluded, unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, consumers or users are natural persons who act primarily for a purpose outside their commercial, business or independent professional activity. An entrepreneur is any natural or legal person, whether private or a partnership with legal capacity, who, when entering into a legal transaction, acts directly or through another person on their behalf or on their instructions, for a purpose related to their commercial, business or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions presented in the seller's online shop constitute binding offers by the seller, which the customer accepts by placing an order.
2.2 The customer can place orders using the online order form integrated into the seller's online shop, thereby accepting the seller's offer. By placing an order using the online form and after entering their personal details, the customer issues their legally binding acceptance of the contractual offer for the products contained in their shopping basket by clicking on the button to complete the order process.
2.3 Within 24 hours, the seller will send the customer an order confirmation by post or email.
2.4 Upon acceptance of an offer via the seller's online order form, the seller shall store the contract text and send it to the customer together with the relevant general terms and conditions in text form (e.g. by e-mail, fax or letter) after the customer has placed the order. The contract text will also be stored on the seller's website and can be viewed free of charge by the customer via their password-protected account using their access data, provided that they have created such an account in the seller's web shop before placing the order.
2.5 Before placing their binding order via the seller's online form, the customer can correct their details at any time using the usual keyboard and mouse functions. In addition, before placing their binding order, all details will be displayed once again in a confirmation window, and can be corrected using the usual keyboard and mouse functions.
2.6 Order processing and contact are generally carried out by email and automatic order processing. The customer must ensure that the email address provided for order processing is correct so that they can receive emails sent by the seller at that address. In particular, if spam filters are used, the customer must ensure that all emails sent by the seller or through a third party authorised by the seller to process the order can be received.
2.7 If the customer is acting as a consumer, the language of the contract may only be Spanish.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4) Price and payment terms
4.1 The prices quoted by the seller are total prices and include statutory value added tax. If additional delivery or shipping costs apply, these will be indicated separately in the respective product description.
4.2 The customer has various payment options available on the seller's website.
4.3 If advance payment is agreed, it shall be due immediately after conclusion of the contract.
4.4 If the ‘PayPal’ payment option is selected, payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with PayPal's Terms of Use, which can be found at https://www.paypal.com/es/webapps/mpp/ua/useragreement-full?locale.x=es_ES
5) Delivery and shipping conditions
5.1 Delivery of the goods is usually made by shipment to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If the transport company is unable to deliver the goods sent to the customer and must therefore return them to the seller, the customer shall bear the costs of the unsuccessful delivery. This shall not apply if the customer exercises their right of withdrawal, if the customer is not responsible for the circumstances that made delivery impossible, or if they are temporarily unable to receive the service offered, unless the seller has given them reasonable advance notice of the service.
5.3 If the customer is a business owner, the risk of loss and accidental damage to the products sold is assumed by the customer as soon as the seller has delivered the goods to the transport company, the carrier or any other person or company entrusted with the shipment.
If the customer is a consumer, the risk of loss and accidental damage to the products sold is not assumed by the customer or the person authorised to receive the goods until the moment of delivery. However, if it is the customer who has commissioned the shipment to the transport company, the carrier or any other person or company entrusted with the shipment and the seller has not previously mentioned this person or company to the customer, the risk of loss and accidental damage to the goods sold shall also be assumed by the customer, even if they are a consumer, as soon as the seller has delivered the goods to the transport company, the carrier or any other person or company entrusted with the delivery.
5.4 Collection by the Customer from the Seller's warehouse is not possible.
6) Liability for defects
6.1 If the purchased product is defective, the statutory provisions on liability for defects shall apply and the consumer's warranty rights under the General Law for the Protection of Consumers and Users shall apply.
6.2 The Customer is requested to report goods delivered with obvious transport damage to the delivery person and to inform the Seller thereof.
If the Customer fails to do so, this shall have no effect on their statutory or contractual warranty rights.
7) Applicable law and jurisdiction
7.1 All legal relationships between the parties shall be governed by the laws of the Kingdom of Spain, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that it does not withdraw the protection afforded by the mandatory provisions of the law of the State in which the consumer has his habitual residence.
7.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
8) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.