These general conditions of sale (hereinafter, the “General Conditions”) will be applicable for any purchase made by a netizen / natural person (hereinafter, the “CLIENT”) on the website Indiemaison.com, owned by Leire Postigo Fuentes SL (hereinafter, the “WEBSITE”).
Indie Maison is a commercial brand owned by Leire Postigo Fuentes 22749090 C Santa Agueda Company nº6 – 7A – 48901 – Barakaldo (Bizkaia) Telephone 656734976 Email: firstname.lastname@example.org Registered in the Mercantile Registry of Bilbao, Volume 4839, Book 0, Folio 137, Sheet BI 49444, 1st Inscription, (hereinafter, the “SELLER”).
The present general conditions of sale are formulated under the conformity of the Civil and Commercial Codes, Law 7/1996, of January 15, of Ordination of the Retail Trade, Law 7/1998, of April 13, of General Conditions of the Contracting and are the only conditions applicable to the use of this website and during the purchase process, substituting any other, except prior, express and written consent of Leire Postigo Fuentes
IMPORTANT Any order placed on the WEBSITE necessarily implies the acceptance without reservations by the CLIENT of these general conditions.
Article 1. Definitions
The terms used below have, in these General Conditions, the following meaning:
CLIENT: It is the contracting person of the SELLER through the acquisition action, which guarantees to have the quality of consumer as defined by law and Spanish jurisprudence. For these purposes, it is expressly provided that the
CUSTOMER acts outside any usual or commercial activity. DELIVERY: refers to the first delivery of the PRODUCTS ordered by the CLIENT to the delivery address indicated in the order.
PRODUCTS: refers to the set of products available on the WEBSITE.
TERRITORY: refers to SPAIN.
Article 2. Object
These General Conditions regulate the sale by the SELLER to its CLIENTS of the PRODUCTS. The CLIENT is clearly informed and recognizes that the WEBSITE is addressed to consumers and that professionals should contact the SELLER’s commercial service in order to benefit from specific contractual conditions. If the CLIENT does not accept these terms and conditions, we ask you to refrain from continuing to use our WEBSITE.
Article 3. Acceptance of the general conditions The CLIENT agrees to read carefully these General Conditions and accepts them, before proceeding to the payment of the order of the PRODUCTS made on the WEBSITE. These General Conditions are inserted in the lower part of each page of the WEBSITE through a link and must be consulted before the order can be placed. The CLIENT is invited to read carefully, download and print the General Conditions and keep a copy. The SELLER advises the CLIENT to read the General Conditions at the time of making a new order, the latest version of which is applicable to each of them. The General Conditions may be modified without prior notice. Clicking on the first button to place the order and on the second to confirm it, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitations or conditions.
Article 4. Purchase products on the WEBSITE. In order to purchase any PRODUCT, the CLIENT must be over 18 years old and have sufficient legal capacity or, if minor, be able to justify the permission of their legal representatives. The CLIENT is invited to provide the necessary information to identify it, completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in so that the CUSTOMER’s order is processed by the SELLER. The CLIENT can verify on the WEBSITE the status of your order. The follow-up of the DELIVERY can, depending on the selected carrier, be given a tracking number so that it can follow the evolution of its shipment from the official website of the carrier. The CUSTOMER can also contact the sales service of the SELLER at any time by email pedidos@Indiemaison.com, in order to obtain information on the status of your order. The information that the CUSTOMER provides to the SELLER at the time of placing the order must be true, complete, accurate and updated. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Orders
Article 5.1 Characteristics of the PRODUCTS The SELLER will endeavor to present as clearly as possible the main characteristics of the PRODUCTS (on the information files available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under the applicable law. The CLIENT undertakes to read this information carefully before placing an order on the WEBSITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE, especially according to the problems that it has in relation to its suppliers. Unless otherwise indicated on the WEBSITE, all PRODUCTS sold by the SELLER are new and in accordance with current European legislation and applicable regulations in Spain.
Article 5.2. Order procedure
PRODUCT orders are made directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (however, depending on the browser used by the Customer, these may vary slightly).
5.2.1. Selection of PRODUCTS and purchase options.
The CLIENT must select the PRODUCT (s) of his choice, by clicking on the chosen PRODUCT (s) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT will be stored in the CLIENT’s shopping basket. The latter may then add as many additional PRODUCTS as you wish.
Once the PRODUCTS have been selected and stored in your basket, the CLIENT must click on the basket and verify that the content of your order is correct. If the CUSTOMER has not done so yet, he will be invited to identify himself or register. Once the CUSTOMER has validated the content of the basket and has been identified / registered, an automatically completed online form will appear and recapitulate the price, applicable fees and, where applicable, delivery costs. The CUSTOMER is invited to verify the content of their order (including the quantity, characteristics and references of the PRODUCTS requested, the billing address, the means of payment and the price) before validating their content. The CLIENT can then proceed to pay for the PRODUCTS following the instructions provided on the WEBSITE and provide all the necessary information for billing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS with different available options, their specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper treatment of the order. The CLIENT must also select the chosen delivery mode.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, one will appear on the WEBSITE in order to show acknowledgment of the CLIENT’s order. A copy of the acknowledgment of receipt of the order will be automatically addressed to the CUSTOMER by email, provided that the email address communicated in the form is correct. The SELLER will not send any confirmation of order by postal or telematic mail.
Billing Through the order, the CUSTOMER must provide the necessary information for billing (the sign (*) will indicate the mandatory fields that must be filled in so that the CUSTOMER’s order is treated by the SELLER). The CLIENT must also clearly indicate all the information related to the ORDER, in particular the exact address of the DELIVERY, as well as any possible access code to the DELIVERY address. Neither the order receipt that the CUSTOMER has made online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Whatever the order or payment method used, the CUSTOMER will receive the original of the invoice at the time of DELIVERY of the PRODUCTS, inside the package.
5.3. Order date
The date of the order is the date on which the SELLER accuses the online reception of the same. The terms indicated on the WEBSITE do not begin to count until that date.
5.4. Price For all PRODUCTS
The CLIENT will find on the WEBSITE the prices indicated in euros, including taxes, as well as the applicable delivery costs (depending on the weight of the package, without packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen). The prices include in particular the value added tax (VAT) with the applicable rate on the date of the order. Any modification of the rate may be passed on to the PRODUCTS from the date of entry into force of the same. The applicable VAT rate will be expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER’s suppliers are subject to change. Consequently, the price indicated on the WEBSITE may change. These can also be modified in the case of special offers or sales. The applicable prices will be those indicated on the WEBSITE at the date of placing the order by the CLIENT.
5.5 Availability of PRODUCTS.
The SELLER will apply “just in time” stock management. Consequently, depending on the case, the availability of PRODUCTS will depend on their existence in the SELLER’s stocks. The SELLER agrees to fulfill the orders received with the reservation that the PRODUCTS are available. Certain products are sent directly by the CUSTOMER’s supplier and the stock indicated on the website is provided by the supplier. In other cases, due to cost savings, the products will be located in the warehouses of the suppliers and these will be responsible for their delivery. The stock is the one indicated by the supplier at the time. The unavailability of a PRODUCT will appear in principle indicated on the page of the PRODUCT in question. CLIENTS may also be informed of the replacement of the PRODUCT by the SELLER. In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay, if the PRODUCT is unavailable. In the event that the purchased product is not in stock, the SELLER will inform the CUSTOMER of the expected date of shipment and it will be the CUSTOMER who will determine if he wishes to continue with the purchase or cancel it WITHOUT incurring any expense and will obtain the refund of all the sums disbursed by said PRODUCTS in thirty (30) days after their payment. The SELLER can, at the request of the CLIENT: Send all the PRODUCTS together, from the moment in which the non-stocked PRODUCTS are again available. Proceed to a partial delivery of the PRODUCTS available at that moment, and send the rest of the order when the others are, with express mention relative to the additional transport expenses that could be derived. Propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT. If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, he will obtain the reimbursement of all the amounts disbursed by said PRODUCTS in thirty (30) days after his payment.
Article 6. Right of withdrawal
The modalities of the right of withdrawal are provided in the “withdrawal policy”, available in Annex 1 to these General Conditions and accessible below each page of the WEBSITE via hyperlink.
Payment Payment methods are provided in “Payment methods”, available in Annex 2 to these General Conditions and accessible below each page of the WEBSITE via hyperlink.
Payment methods The CLIENT may pay for his PRODUCTS online on the WEBSITE following the means proposed by the SELLER. The CUSTOMER guarantees to the SELLER that it has all the required authorizations for the means of payment chosen. The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the online payment table on the WEBSITE. It is indicated that all information relating to the payment is transmitted to the bank or Pay Pal through a secure gateway owned by financial intermediaries and not from the WEBSITE and payment data are never processed on the WEBSITE, nor stored.
7.2. Date of payment
In the event of a single payment by credit card, the CLIENT’s account will be debited at the time of ordering the PRODUCTS on the WEBSITE. In case of partial DELIVERY, the total amount will be debited from the CLIENT’s account without delays at the moment in which the first package is sent. If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions. In the case of payment by transfer, the ORDER will be confirmed when the payment is received in the bank account of the SELLER.
7.3. Delays or rejection of payment.
If the bank rejects the debit of a credit card or other means of payment, the CLIENT must contact the Customer Service of the SELLER in order to pay for the order by any other valid means of payment. In the event that, for whatever reason, opposition, rejection or other, the transmission of the flow of money due by the CLIENT was impossible, the order will be canceled and the sale automatically rescind the purchase-sale contract.
Article 8. Test and file.
Any contract concluded by the CUSTOMER corresponding to an order exceeding € 120 (including taxes) will be filed by the SELLER for a period of 5 years. The SELLER accepts to archive the information in order to ensure a follow-up of the operations and to make a copy of the contract at the request of the CLIENT. In case of litigation, the SELLER will have the possibility to demonstrate that the electronic tracking system is reliable and guarantees the integrity of the transaction. Both parties agree that the valid proof of payment will be solely the information provided by the financial intermediaries.
Article 9. Transmission of property.
The SELLER remains the owner of the PRODUCTS until the time of full payment by the CLIENT. From the moment the SELLER receives the full payment of all the amounts owed in relation to the purchase or acquisition made, including the shipping costs, or at the time of delivery, if it takes place at a time after receipt full of the amount object of payment the property will be transmitted to the PURCHASER, CUSTOMER. In the event that the CLIENT chooses to collect by hand by a third party or the reception of the shipment by carriers through a third party, the CLIENT will be solely responsible. DAMAGE DURING SHIPMENT All shipments have a transport guarantee based on the weight, not the value of the product. If you receive a package with external damages, please DO NOT ACCEPT it and inform the company of your rejection for damages. If upon receipt of the order without external damages, check for any damage caused by transport, you must notify us within a maximum period of 24 hours from receipt or the customer will lose your right to claim. The SELLER is responsible for any damage for transportation, replacing the product with another of the same characteristics in good condition, as long as its notification is made within the established period of 24 hours, being necessary to send photographs and videos to the order mail @ Indiemaison.com. In this case, both the return and return costs are paid by the SELLER. The SELLER will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially due to causes such as strikes, road retentions, and in general any other specific to the sector, resulting in delays, losses or theft of the product.
Article 10. Delivery
The DELIVERY modalities of the PRODUCTS are those foreseen in the “delivery policy” contemplated in Annex 3 of these General Conditions and accessible below each page of the WEBSITE via hyperlink.
Article 11. Packaging
The PRODUCTS will be packed in accordance with the transport regulations in force, in order to guarantee maximum protection during DELIVERY. The CLIENTS undertake to respect the same rules when returning the PRODUCTS in accordance with the conditions set out in Annex 1 – Cancellation Policy.
Article 12. Guarantees.
All our products are guaranteed against manufacturing defects for two years from the date of delivery, which will be indicated by the transport agency, if this could not be known it will be understood that the term begins from the date of purchase, indicated in the invoice. The warranty does not include damage caused by improper use by the CLIENT, when they have not been used for the use indicated by the manufacturer or usual wear. The CLIENT must inform the SELLER no later than seven business days of a failure of the PRODUCT under warranty. We recall that many manufacturers provide an extra guarantee on their products, in some cases by registering the PRODUCT on the official website of the manufacturer or distributor. The CLIENT can make use additionally of the manufacturer’s warranty. The CUSTOMER agrees to read the instructions for use of the manufacturer and follow the procedure of use indicated by the manufacturer, as well as to allocate the PRODUCT for the purpose that was manufactured and advertised by the SELLER and manufacturer. In the case of a defective PRODUCT, the SELLER will proceed, as appropriate at the customer’s request, to repair, replace, reduce the price or terminate the contract, steps that will be free for the customer, in accordance with the current applicable law in matters of consumption. In any case, in the event that the cost of the choice of the CLIENT is manifestly disproportionate with respect to another option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to the reimbursement, without addressing the chosen option for the client. In the event that the replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT after 30 days from the reception of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Avenida Txomin Garat 2 local 14 . The CLIENT is exempt from providing proof of the existence of a defect in the conformity of the PRODUCT during the six (6) months following the delivery of the goods. It is specified that this legal guarantee of conformity is applied independently of the commercial guarantee consented, as the case may be, to the PRODUCTS.
Guarantee for hidden defects
The SELLER is obliged to guarantee the hidden defects of the PRODUCT sold susceptible of turning it into defective for the use to which it should be destined, or that reduce it in such a way that the CUSTOMER has not acquired it or paid a lower price, if there is known. This guarantee allows the CUSTOMER, who can prove the existence of a hidden defect, to choose between the refund of the price of the PRODUCT if it is returned or the reimbursement of part of the price if it is not returned. In the event that replacement or repair were impossible, the SELLER undertakes to refund the price of the PRODUCT within a period of thirty (30) days after receipt of the PRODUCT returned and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Avenida Txomin Garat 2 local 14. The action resulting from hidden defects must be filed by the CLIENT within a period of two (2) years from the discovery of the defect.
Article 13. Responsibility.
The liability of the SELLER can not be established in any case in case of non-execution or poor performance of contractual obligations attributable to the CLIENT, when it comes to carry out your order. The SELLER can not be responsible, or considered as a breach of the General Conditions, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure or a fortuitous event as defined by the jurisprudence of the Spanish Courts. It is also necessary that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, it is excluded, to the extent permitted by law, from any liability linked to the information published therein. Hyperlinks to these web pages are granted merely as an indication and do not imply any guarantee on their content.
Article 14. Personal information
The SELLER collects on the WEBSITE personal data of its CLIENTS necessary for commercial traffic and the definition of tastes. The CLIENT may exercise their rights by simply contacting info@Indiemaison.com The data collected by the SELLER will be used in order to process your orders made through the WEBSITE, manage the CLIENT’s account, analyze your orders and, if the CUSTOMER chooses this option, send emails for promotional purposes, newsletters, promotional offers and / or information on special sales, unless the CUSTOMER does not wish to receive such communications from the SELLER. The user accepts that all their personal data are fully assigned to Aplazame from the moment in which the user has begun the hiring of the deferred payment service offered by the latter at the time of choosing the payment method. This acceptance extends to third parties that have to access the files for the successful conclusion of the contract. The CLIENT’s data will be kept confidential by the SELLER in accordance with his declaration made in the Spanish Data Protection Agency, the needs of the contract, and the law. The CLIENTS can be disenrolled at any time by accessing their account or by clicking on the hyperlink provided for this purpose under each offer received by email. The data may be communicated, in whole or in part, to the service providers of the SELLER intervening in the order. For commercial purposes, the SELLER may transfer to its collaborators the names and coordinates of its CLIENTS, under the condition that they have given their prior agreement at the time of registration on the WEBSITE. The SELLER will specifically ask the CLIENTS if they want their personal data to be disclosed. The CLIENTS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CLIENTS if they wish to receive commercial information from their collaborators. In accordance with the 15/1999, of December 13, Protection of Personal Data, and more specifically the provisions of articles 15 and 16, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons ) and the deletion of these personal data. You can exercise this right by sending an email to the address: pedidos@Indiemaison.com, or by sending an email to Avenida Txomin Garat 2 local 14. It is specified that the CUSTOMER must be able to justify their identity, either by scanning an identity card, or by sending a photocopy of it to the SELLER.
Article 15. Cookies policy
Article 16. Claims
The SELLER puts at the CLIENT’s disposal a “Telephone Customer Service” with the following number: 944075492 (normal rate telephone). Any written claim of the CLIENT must be transmitted to the following address: Leire Postigo Fuentes SL Avenida Txomin Garat 2 local 14,48004 Bilbao
Article 17. Intellectual property
To know the intellectual property policy, please visit the Legal Notice link that you will find on the front page of all the pages of the website.
Article 18. Validity of the General Conditions
Any amendment to the legislation or regulation in force, or any decision of the competent court invalidating one or more clauses of these General Conditions may not affect the validity of the rest of them. Such modification or decision does not authorize the CLIENTS to ignore these General Conditions. All the conditions not expressly dealt with in the present will be regulated in accordance with the laws in force and in their absence to the uses of the retail sector of individuals.
Article 19. Modifications of the General Conditions
These General Conditions apply to all purchases made online on the WEBSITE, provided that the WEBSITE is available. The General Conditions will be accurately dated and may be modified and updated by the SELLER at all times. The applicable General Conditions will be those that are in force at the time of the order. The modifications made in the General Conditions will not be applicable to the PRODUCTS already purchased. The current general conditions of purchase are dated May 1, 2018.
Article 20. Competence and applicable law
The present agreement of use is governed and interpreted in accordance with the Laws of Spain. For any questions that may arise from the interpretation and fulfillment of this agreement, both parties expressly waive the jurisdiction that may correspond, they are subject to the Courts and Tribunals of Bilbao. Likewise, prior to any appeal for arbitration or in courts, negotiation between the parties shall prevail in a spirit of loyalty and good faith in order to reach an amicable agreement to resolve any dispute relating to this contract, including regarding its validity. The party wishing to start the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to understand each other, the differences will be submitted to the jurisdiction established at the Courts and Tribunals of Bilbao. During the negotiation process and until its completion, the parties are prohibited from exercising any legal action against each other for the conflict object of negotiation. As an exception, the parties will be authorized to resort to the jurisdiction of the precautionary measures or the start-up of a procedure does not entail by the parties the waiver of any clause of friendly agreement, unless otherwise expressly stated.
In accordance with the provisions of current legislation, the client has the Right of Withdrawal, under which he may return the product received if he finds that it does not meet his expectations without providing any explanation. The exercise of this right of withdrawal must be made within a maximum period of 14 calendar days from the date of receipt of the or the PRODUCTS by the CUSTOMER, taking as the date of receipt the indicated by the transport service, in In the event that the CLIENT has used his own transport, subrogated or collected by hand, the term shall be understood to be from the date of the invoice. If the order of the CLIENT carries several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period will expire fourteen (14) calendar days after the day on which the CLIENT, or a third party that is not the carrier and designated by the client, take possession of the last PRODUCT delivered. The refund of the purchase price will be made once the SELLER receives the PRODUCT (s) and has verified its status, after this step the SELLER will proceed to refund the amount paid by the CUSTOMER through the same payment system as the PURCHASER. to make the purchase. The maximum term will be 14 calendar days from the verification of the status of the PRODUCT or of the PRODUCTS. Notification of the right of withdrawal. The CLIENT may exercise his right of withdrawal by writing to Leire Postigo Fuentes SL Avenida Txomin Garat 2 local 14 48004 Bilbao, his decision to desist from the purchase made, through an unequivocal statement, by letter sent by postal mail, by fax or by email. As an example in the following lines you will find a withdrawal form that you can use in your communication in writing or orders@Indiemaison.com For this purpose, you can also use the following form: WITHDRAWAL FORM At the attention of [*] (* coordinates of the SELLER) SELLER’S phone number: VENDOR’S fax number: E-mail address of the SELLER: I hereby notify you of my withdrawal from the contract concerning the sale of the following PRODUCT: PRODUCT reference: Number of the invoice: Order certificate number: – Order on