“MAJORITIES AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE XXXMADRID.COM STORE ONLINE”
1. OWNER OF THE STORE. XXXMADRID.COM, with address in c/ San Marcos, 9 of Madrid is property of CONCORDIA DISCORS S.L. (Sight our LEGAL NOTICE) (from now called XXXMADRID.COM) and is the holder of the www.xxxmadrid.com store (in ahead the the Site/Store) and puts this site to disposition of the users of Internet, with the purpose of providing information on products and supplies of XXXMADRID.COM, as well as allowing the acquisition of products supplied by XXXMADRID.COM through the Store.
2. GENERAL CONDITIONS OF USE AND ACCEPTANCE OF THE SAME ONES
2.1. The present General Conditions of Use of the store, along with the general conditions of hiring, and/or the particular conditions that can settle down, have by regular purpose the commercial make available of the information as well as relations that XXXMADRID.COM and the users of the store arise between. By navigation by the site and/or the use of the services including in the Store of XXXMADRID.COM, You it acquires the condition of User. As much navigation, as the use and/or the acquisition of anyone of products of the Store, supposes the acceptance like User, without reserves of no class, all and each one of the present General Conditions of Use, of the General Conditions of Hiring that in their case the acquisition of the goods or the benefit of the services governs, as well as in their case, of the Particular Conditions that, in their case govern the acquisition of products or the benefit of the services.
2.2. XXXMADRID.COM will be able at any moment and without previous warning, to modify the present General Conditions, as well as exposed the General Conditions of Hiring in following Title III, and/or the particular conditions that, in their case, are included, by means of the publication of these modifications in the Store in order that they can be known by the Users, always before the visit to the Store or the acquisition of any good supplied in the Store.
TITLE I: “GENERAL CONDITIONS OF USE OF THE STORE”
These General Conditions will be applied so much to the promotional activity and of provision of information that takes place through the store like a the acquisition of goods and/or the benefit of the services offered in the site, in such a way that the same ones will prevail at any moment as much for simple navigation by the Store, like for the acquisition of goods and/or to the benefit of services within the framework of the store, although these last activities additionally, will be put under so much these General Conditions of Use, like a applicable the general conditions of hiring, and the particular conditions, that in their case, could exist.
1. POLICY OF PROTECTION OF PERSONAL CHARACTER DATA.
Look our section on Policy of Privacy
2. INTELLECTUAL AND INDUSTRIAL PROPERTY. PROHIBITIOn OF LINKS
2.1. All the commercial contents that are in the Store and special, designs, texts, graphs, logos, icons, buttons, software, names, industrial marks, drawings or any other susceptible signs of industrial and commercial use are subject to rights of intellectual and industrial property of XXXMADRID.COM or third holders of such who are authorized properly their inclusion in the System Online.
2.2. In no case it will be understood that some is granted to license or resignation takes place, transmission, total or partial cession of right sayings neither confers no right nor expectation of right, and in special, of alteration, operation, reproduction, distribution or public communication on these contents without the previous express authorization of XXXMADRID.COM or the corresponding holders.
2.3. Any bond to the Store will not be able to be established from any other Web without the previous and express consent of XXXMADRID.COM.
3. XXXMADRID.COM RESPONSIBILITY.
3.1. XXXMADRID.COM, will respond solely of the damages that the User can suffer as a result of the use of the Store when these damages are imputable to a dolosa performance of our store. The User recognizes and accepts that the use of the Store, as well as the acquisition of products in him offered is made under its whole risk and its whole responsibility.
3.2. XXXMADRID.COM does not become person in charge of the damages that could be derived from, with declarative and merely nonlimitativo character (i) computer science Inferences, omissions, interruptions, virus, failures and/or disconnections in the operative operation of this electronic system or in the apparatuses and computer science teams of the Users, motivated by causes other peoples to XXXMADRID.COM, that prevent or delay to the benefit of the services or navigation by the System; (II) Delays or blockades in the use caused by deficiencies or overloads of Internet or in other electronic systems; (III) That they can be caused by third people by means of interferences ilegal outside the control of the Store and that they are not attributable to XXXMADRID.COM; (IV) The divergences of the information, documentation and/or other content of the Store that will be able to exist between the electronic version and the printed version; (v) Of the impossibility to give the Service or to allow the access by causes nonimputable to XXXMADRID.COM, which had to the User, to third, or to supposed of greater force.
3.3. XXXMADRID.COM does not control, with general character, the use that the Users do of the Store. Specially XXXMADRID.COM it does not guarantee either under any end that the Users use the Service in accordance with the law, the present General Conditions, the moral and generally accepted moral convention and the public order, nor that does it of diligente and prudent form.
4. OBLIGATIONS OF THE USER
4.1. With general character the User commits the fulfillment of the present General Conditions, in his case the Particular Conditions that they were of application, as well as of fulfilling the special warnings or instructions of use contained in the same ones or the Store and to always build according to the law, to moral convention and the exigencies of the good faith, using the diligence adapted to the nature of the service of which enjoys, abstaining to anyway use the Store that can prevent, damage or deteriorate the normal operation of he himself, the goods or rights of XXXMADRID.COM, their suppliers, the rest of Users or in general of nobody third.
4.2. Concretely, and without it implies restriction some to the obligation assumed by the User with general character in accordance with the previous section, the User commits itself, in the use of the Store, as well as in the benefit of services a: (i) In the case of registering itself, the User commits itself to provide truthfully the proportionate data and to maintain updated them; (II) Not to introduce, to store or to spread in or from the Store, any information or material that outside difamatorio, injurioso, obscene, threatening, xenófobo, urges the violence to the discrimination because of race, sex, ideology, religion or that anyway attempts against the moral, the public order, the fundamental rights, you free them public, the honor, the privacy or the image of the third and in general effective norm. ; (III) Not to introduce, to store or to spread by means of the Store no program of computer, data, virus, code, equipment of hardware or telecommunications or any other instrument or electronics or physical that are susceptible to cause damages in the Store, anyone of the Services, or anyone of the equipment, systems or networks of XXXMADRID.COM, any User, the suppliers of XXXMADRID.COM or in general of nobody third, or that of any other form are able to cause any type to them of alteration or to prevent the normal operation of such; (IV) to suitably guard the “User name” and the “Password” that are facilitated by XXXMADRID.COM the Users to him, like elements identifiers and habilitadores for the access to the Services, committing itself not to yield their use nor to allow the access them of third, assuming the responsibility by the damages and damages that could be derived from an illegal use of such. Also the user commits itself to communicate to XXXMADRID.COM, with the greater rapidity, his loss or robbery as well as any risk of access to the “Name of User” and/or the “Password” by third; (v) Not to make advertising, promotional activities or of commercial operation through the Store, not using the contents and in individual the data obtained through the Store to send publicity, to send messages with aims of direct sale or any other commercial aim, nor to gather or to store personal data of third; (vi) Not to use false identities, nor to supplant the identity of others in the use of the Store or the use of anyone of the services of the Store, including the use in its case of passwords or keys of access of third or any other form; (vii) Not to destroy, to alter, to use for its use, to make unusable or to damage the data, information, programs or electronic documents of XXXMADRID.COM, their suppliers or third; (viii) Not to introduce, to store or to spread by means of the Store any content that infringes rights of intellectual property, industrial or secret enterprise of third, nor in general no content of which it did not show, in accordance with the law, the right to put it to disposition of third.
5. COMMUNICATIONS
To the effects of the present General Conditions, and for any communication that is precise between XXXMADRID.COM and the User, these will have to go to the Service of Attention to the Client by means of electronic mail (sent a message to info@xxxmadrid.com) by means of communication well written directed to the Department of Attention to the Client of XXXMADRID.COM, c San Marcos, 10 (local) 28004 Madrid. The communications of XXXMADRID.COM to the User will be made according to the data contributed by this one when registering itself in the Store. The User accepts specifically for all the communications related to the use of the Store, and/or the acquisition of goods, the use of the electronic mail like valid procedure for the remission of these communications.
6. APPLICABLE LEGISLATION. SUBMISSION TO LAW
6.1. The present conditions, will be governed by the Spanish legislation, that will be of ready application in in this contract in the matter of interpretation, validity and execution.
6.2. The parts resign specifically to the law that could correspond to them and put under the Courts specifically and Courts of Madrid to solve any controversy that can arise in the interpretation or execution from the present contractual conditions.
1. GENERAL CONDITIONS OF HIRING. PREVIOUS INFORMATION TO THE HIRING
1.1. These general conditions of hiring together, in their case, with the particular conditions that can settle down, will specifically regulate the relations arisen between XXXMADRID.COM and third (in “ahead Usuary”) that contract products offered through the Store.
1.2. The present General Conditions have been elaborated in accordance with the established thing in Law 34/2002, of services of the society of the information and from electronic commerce, Law 7/1998 on General Conditions of Hiring, the Real Decree 1906/1999 by which it regulates the telephone or electronic hiring with general conditions developing of article 5,3 of Law 7/1998, 26/1984 Law General for the Defense of the Consumers and Users, Law 7/1996 of Arrangement of Retail Comercio, Real 14/1999 Decree-Law regulator of the Electrónica Company and whichever legal dispositions are from application.
1.3. By the use and/or the acquisition of anyone of products of the Store, they suppose the acceptance like User, without reserves of no class, to all and each one of the General Conditions of Hiring, of the General Conditions of Use of the store as well as in their case, to the Particular Conditions that, in their case govern the acquisition.
1.4. XXXMADRID.COM, informs that the proceedings to carry out the acquisition of goods are those that are described in the present general conditions, as well as those other specific ones that is indicated in screen during navigation, so that the User declares to know and to accept these proceedings like necessary to accede to products and services offered in the site.
1.5. Any modification and/or correction of the data provided by the Users during navigation will have to take place according to the indications including in the site.
2. OFFERED PRODUCTS. PURCHASE SYSTEM.
2.1. The Products supplied in the Store, along with their characteristics and price will appear in screen. The expenses from shipment to the address of the User will be always on behalf of the buyer. The prices indicated in screen in euros include the IVA will be at any moment the effective ones, except for typesetter error. The supplies properly will be indicated in screen. XXXMADRID.COM reserves the right to decide at every moment, the Products that are contained and they are offered to the Users through the Store. In this way, XXXMADRID.COM will be able at any time to add new products to including in the Store, being understood, unless another thing is arranged, that such new products will be governed then by the arranged thing in the General Conditions in vigor. Also XXXMADRID.COM reserves the right to let facilitate the access, at any time and without previous warning, of anyone of products offered in the Store.
2.2. For the acquisition of products in the Store, XXXMADRID.COM will ask for the users who come to register themselves, for which these Users, who will have to be greater of eighteen (18) years, will have to compliment the instructions that appear in screen and that they will require to execute the following instructions, as well as any others that are included in the different screens from the Store: (i) Complete Cumplimentación of the electronic form that at every moment appears in the Store following the instructions indicated in he himself. (II) Pulsation of the icon/button TO ACCEPT. (III) Reception in the account of electronic mail of the User of the conformity of the registry. The Name of User and the Password facilitated by the User to XXXMADRID.COM are elements habilitadores identifiers and to accede and to carry out the purchases and have personal and intransferible character. The User name could not be modified by the User but password or password, in which case the modified keys will lose their validity.
2.3. Once registered the User, and to come to the Product purchase, it will have to add the product that wishes to acquire in the Basket of Compra, according to the indications gathered in screen, complimenting to this end the form of provided order and sending it to XXXMADRID.COM, which supposes the reading and irrevocable acceptance of all and each one of the present General Conditions, as well as in its case, of the existing Particular Conditions. The purchase will be understood carried out in the XXXMADRID.COM address.
2.4. Once carried out the purchase and in the possible brief term, always before 24 hours pass from the execution of the purchase, the Department of Attention to the Client of XXXMADRID.COM will send by email to the User a comprobante of the purchase. Also, the Client will be able to solicit, and XXXMADRID.COM will send the corresponding invoice. The confirmation of order and the comprobante of purchase will not have validity as it invoices. The prices of purchase will be the effective ones at the moment in which the order is made. The expenses of shipment that by different causes were not including in the PVP of the product, are specified in the section shipments of the store, that appears in the straight superior margin of the initial page.
2.5. XXXMADRID.COM reserves the right to cancel the Name of User and password, and therefore the access to the Store of those users who maintain balances indebted or pending payment with XXXMADRID.COM.
3. MODE OF PAYMENT, GIVES AND DROPPING OF THE CLAIM OF ORDERS
3.1. The payment of the price of the bought goods and the expenses of shipment will take place by means of contrareembolso, banking entrance to I number that XXXMADRID.COM will indicate to the buyer in the main page of the virtual store or by means of electronic mail or credit card/debit through our safe servant. With the purpose of guaranteeing the greater security to our clients, XXXMADRID.COM reserves the right to ask for documents corresponding to the identity and means of payment of the User, previous to the delivery of the order
3.2 XXXMADRID.COM is commited to give the buying goods by the User, in the address of the Buyer indicated to this end in the order form (public will not give themselves to products in post office boxes nor in places), in the term anticipated according to the form of shipment chosen by the client at the moment of the purchase.
3.3. The Buying User/will have a term of seven (7) working days, to solve the transaction without incurring penalty neither cost some, except the expenses corresponding to the return of or, whenever the own acquired nature of or allows it. The term of seven working days established in the previous paragraph will be computed from the reception by the Buyer of the bought goods. In any case, it will be understood that the Buyer has known the right dropping of the claim from the entrance in the Store, that demands the reading and acceptance of the present General Conditions, and in any case from the moment at which it carries out the order. The returns of the orders will have to be transacted through Service of Attention to the Client. (TEL: +34 915 221 770) or info@xxxmadrid.com with the purpose of instrumentalizar the collection of the order in its address. XXXMADRID.COM will give back to the amounts received by means of installment, discounting the cost of collection stipulated in the Web in a term nonsuperior to thirty days, once verified the state of the merchandise. The procedure to exert a return comes specified in the section returns of the store that appears in the inferior left margin of the initial page. The merchandise must be given to our carrier in perfect state, packed in a closed and sealed wrapper that covers its original packing. If the shipment were on behalf of the client it must also arrive at our perfectly identified warehouse. The product will have to be perfectly identified and signalized with nº of return facilitated by the Service of Telephone Attention. If the product were defective, XXXMADRID.COM will take responsibility to make the substitution of the product, without no cost for the client. If the client wanted the resolution of the contract, the expenses of collection would discount to him. Thus the product arrived in badly been because of the transport the user will have to indicate it in letters patent of the tranpostista and to call within the 24 hours of its reception to our SAC, to make the claim. After this term, XXXMADRID.COM will not take responsibility for this reason of any claim. XXXMADRID.COM has Leaves of Claims to disposition of the consumer (Decree 152/2001 of 13 of September of 2005).
4. APPLICABLE LEGISLATION. SUBMISSION TO LAW.
4.1. The present contract, will be governed by the Spanish legislation, that will be of ready application in in this contract in the matter of interpretation, validity and execution.
4.2. The parts resign specifically to the law that could correspond to them and put under the Courts specifically and Courts of Madrid to solve any controversy that can arise in the interpretation or execution from the present contractual conditions.
