CONDITIONS OF ONLINE SPANISH SALE

General Purchase Conditions for Consumers and Private Users

1 – Parties

On the one hand, Desiderio Soler Ivorra s.l. (hereinafter DSI) is a Spanish company, with CIF B30565733 and with registered office at C / Carril del Garre, 2 and 4 30012 Murcia as owner of the platform https://www.desideriosoler.com (hereinafter, the Website) Web), and on the other hand, the Buyer, understood as any user of legal age and with the necessary legal capacity, to complete the steps established therein aimed at the acquisition of clothing, accessories and / or accessories offered by the website .

2 – Object

The purpose of these General Purchase Conditions is to regulate the acquisition by you of products through the Website, in exchange for an economic consideration that corresponds to what is stated here.

3 – Products

3.1. Product offer

The Website offers information about all products for sale, features and prices. However, it reserves the right to withdraw, replace or change the products offered to its customers through its website, by changing the content thereof. The products offered at any time by the Web, will be governed by the general conditions in force in each case, that is why the company will have the power to stop offering, without prior notice and at any time, access to the aforementioned products.

3.2. Availability

The availability of our products may vary depending on the demand of customers. Our stock is automatically updated with each order, but this does not allow us to guarantee that the product you select is available. If so, we will send you an e-mail informing you of this fact.

4 – Description of the purchase process

Products will not be sent to the Canary Islands, the Balearic Islands, Ceuta, and / or Melilla.

The purchase process can be done through the Website, and registration as a user is not necessary.

To buy the products available in the catalog, it will be necessary for the User through the catalog to click on those that are of interest, selecting the option “Add to cart”. The selected products will be automatically available to the User in the shopping cart.

Next, the User must:

a. Click on “My cart” and check that the cart items are those that I select in such a way that you can modify the order, adding or removing products.

b. Once the User has verified that the products of the basket correspond to the selection made, to proceed with the order, he must select “Next”.

  1. After this, the purchase process will be shown on the screen, indicating the characteristics and products that would have been selected, and the User must enter all the necessary data in the event that the purchase is made.

In all those cases, in which the access had been made in such a way that the information regarding the user’s identification data, the address or method of payment had not been obtained, it will be necessary for the user to record such, in such a way that manage the processing of the order.

e. In the event that the access had been made in such a way that the method of payment had not been indicated, it will be necessary for the Purchaser to select the payment method chosen. Currently the means of payment available are:

  1. Debit or credit card: payments with Mastercard and Visa cards are accepted. In this case, we will need you to provide us with information regarding your card for the sole purpose of processing the payment.

II.Bank transfer.

f. Every time that the User has provided this information, must, after reviewing the order and depending on the payment method selected, proceed to payment, and thereby confirm their willingness to acquire and formalize the purchase, upon acceptance of these Conditions .

  1. DSI will confirm that it has received the purchase order from the Buyer and, if applicable, the payment of the order. In the same way, it will send by email the corresponding invoice, when the client has requested it. By accepting these Conditions the Buyer allows the sending of an electronic invoice. At any time, you can object to it, indicating it to the email you will find in the Legal Notice.

h.Once the order is confirmed, the Buyer will receive it within the term indicated on the Website.

5 – Pricing policy

The prices that are shown on the Web are set by DSI. The prices are shown in Euros. Before purchasing any of the selected products we will show you the prices broken down according to the taxable base and the applicable taxes at each moment.

The transportation and delivery costs of the products will be those indicated on the Website at any time and will appear on the screen once the user has entered all the data, including the country.

It is possible that the Website includes promotions and / or discount codes. Such circumstances will appear reflected on the screen, as well as the possible conditions applicable in your case. Any modification of them is subject to the will of DSI

6 – Return Policy

6.1 Right of withdrawal

The buyer will have a maximum period of 15 working days from the delivery of the product to give up, totally or partially, the purchase of the product, in accordance with the applicable legislation. Once the period of 15 working days has expired, DSI will not accept returns. for withdrawal of product purchases.

The buyer will not have the right to desist in the cases established in the regulations that are applicable and, especially, with an enunciative and non-limiting character, in the following cases: accommodation, transport, meals or recreation services, when they are for a specific date or specific period; products made according to the buyer’s specifications or clearly personified; sound or video recordings, discs and computer programs that would have been unsealed by the buyer, as well as computer files, supplied electronically, capable of being downloaded or reproduced with immediate effect for permanent use; daily press, periodicals and magazines; and services whose execution is initiated, with the agreement of the buyer, prior to the end of said period of fifteen (15) business days.

6.2 In the event of abandoning the purchase of a product, the following requirements must be met:

1) The product must be in the same condition in which it was delivered and must keep the instructions, documentation, accessories and, insofar as possible, its original packaging and labeling.

2) The return must be made using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the products in perfect condition.

3) A copy of the proof of purchase and delivery note of the products must be included in the package, where the products returned and the reason for the return are also marked.

4) Communicate via e-mail to DSI the beginning of the return process at the address: info@desideriosoler.com

5) If the reason for the return is not attributable to DSI, the buyer will assume the shipping costs. Once the return procedure is completed by the buyer, DSI will schedule the collection of the products and inform the consumer by email of the date and time in which said collection will take place, as well as its cost.

DSI will not be responsible for the costs and expenses caused to the buyer for those returns of products that occur without following the established procedure.

6.3 Reimbursement of the price of the products

As long as the buyer has followed the procedure and the requirements established in these General Conditions have been met, DSI will reimburse the price paid by the buyer corresponding to the returned products.

The buyer will not be entitled to reimbursement of the price of the returned products that are not in the same conditions in which they were delivered, in case the procedure has not been followed or the requirements established in these General Conditions have not been met.

Partial returns of an order will result in partial price reimbursements.

DSI will manage the price return order through the same payment system used by the buyer for the purchase of the products, within a period of forty-eight (48) hours from the confirmation of arrival of the returned order to the warehouse.

6.4.Devolution of defective products

The buyer will be entitled to reimbursement of the price of defective products or products delivered if they do not correspond to the order placed.

In these cases, the return to the DSI of the products must be made by the buyer through the same procedure established in the section “right of withdrawal”, although the buyer should not be responsible for the costs of returning those products.

As long as the buyer has followed the established procedure and the requirements established in these General Conditions have been met, DSI will reimburse the price paid for the returned products that are defective or do not correspond to the order of products made by the buyer.

If the product arrives with any visible sign of damage to the packaging or breakage, it is very important that the buyer does not sign the delivery note to the carrier and return the product automatically or the return will not be assumed by DSI6. Acceptance of the General Purchase Conditions

When the purchase is made entirely through the Web, you must read these Conditions and accept them expressly, by clicking on the check box of the corresponding consent, which is unchecked by default, at the end of the purchase process.

In case there are special rules or restrictions that affect certain rates, discounts and / or products you have selected, such rules or special restrictions will be shown on the screen before proceeding to the acquisition of the product.

7 – Obligations of the parties

7.1. Obligations of the Holder

DSI is committed to:

a.Effectively and efficiently carry out all the procedures for the execution of the receipt by the Buyer of the products purchased.

b.Remit the Buyer all the information and documentation necessary to receive the order.

  1. Do not allow any transaction that is illegal, or be considered by the credit card brands or the acquiring bank that may or has the potential to damage the goodwill of the same or negatively influence them. Under the programs of the card brands, the following activities are prohibited: the sale or offer of a product or service that is not in full compliance with all laws applicable to the buyer, issuing bank, merchant, cardholder, or cards; as well as the sale of medicines.

d.Comply with these obligations as well as any others that may be applicable.

7.2. Obligations of the Buyer

By accepting these Conditions, the Buyer commits to:

a. Pay in due time and form the corresponding amounts that would have been specified in the purchase process. Failure to pay exempts DSI from compliance with the obligations set forth herein, and any other obligations it may have contracted in return for receiving the economic consideration for the products.

b. Response of the truthfulness and authenticity of any data that has been provided to carry out the acquisition of the selected articles.

  1. To assume the responsibilities derived from any of the requirements demanded by these Conditions to hold the condition of Buyer, as well as the lack of necessary documentation for the payment of the purchase.

d.Fulfill any other obligations contained in these Conditions or any other obligations that may be applicable and assume any liability arising from their non-compliance, leaving the Holder completely undamaged.

8 – Exclusion of responsibility

The Owner is in no case responsible for the damages and losses caused to the Buyer for reasons attributable to it. Only and exclusively, DSI will be responsible for those damages that are caused as a result of purchases made on the Website, as long as they derive from a malicious or culpable action of that.

By purely enunciative title, DSI is not responsible for:

a.The utility of the products purchased by the Buyer, since at no time is the Owner responsible for the selection made, even if it identifies items in combination with the selected products, which due to their characteristics are recommended as accessories and / or accessories.

b.The personal or material damages caused as a result of the use of the products, as long as the recommendations specified in it have not been followed.

c.The breach of their obligations for reasons of force majeure as they may be, without intending to be exhaustive, internal or external strikes, natural disasters social revolts, etc.

The Buyer acknowledges that he acquires the articles at his own risk and venture, limiting the activity of DSI to the execution of the material tasks necessary for delivery, processing and management.

In any case, the responsibility assumed by DSI Desiderio Soler Ivorra s.l. against the Buyer, in no case does it include loss of profits and shall be limited, at most and for any reason, to the total amount received by the Buyer’s DSI in consideration for the acquisition of the product in accordance with these Conditions.

9 – Compensation

Any type of damage, prejudice, loss or cost (including attorneys ‘fees and / or attorneys’ fees) arising from a breach by the Buyer of these Conditions or any other applicable, in which DSI incurred, shall be compensated by the Buyer who it originated This covers any claim by third parties arising from such breaches.

10 – Modifications

These Conditions may be modified at any time and / or updated without prior notice. The modifications made will come into force as of its publication on the Website, whatever the means and form used for it.

The modification will only affect the Buyers that have accepted it after said modification.

11 – Other issues

11.1. Safeguard and interpretation of these Conditions

If the competent authority declares any of these provisions as illegal, invalid or unenforceable, this will imply that it must be interpreted in the manner closest to the original intention of such provision. In any case, such declaration with respect to some or some clauses will not prejudice the validity of the rest.

The non-requirement by DSI of strict compliance with any of the terms of these Conditions, does not constitute and can not be interpreted in any case as a waiver on its part to demand it in the future.

11.2. Language

The language applicable to these Conditions is Spanish. If versions are offered in other languages, it is solely for mere courtesy, for the convenience of the Buyer. Therefore, it expressly accepts that they are governed by their Spanish version. In case of contradiction, the Spanish version will prevail.

11.3. Legislation and jurisdiction

The relations between the Holder and the Buyer shall be governed by Spanish law and discrepancies or conflicts regarding these Conditions shall be submitted to the Courts and Tribunals of the Purchaser’s domicile, provided that the Purchaser has the status of consumer and user in accordance with the applicable regulations.

If the Buyer has any problem arising from the purchase of the products available in the Website Catalog, you can use the online dispute resolution system of the European Union, accessible from the following link: https://webgate.ec. europa.eu/odr/main/?event=main.home.show&lng=ES.

Modifications

These Conditions may be modified at any time and / or updated without prior notice. The modifications made will come into force as of its publication on the Website, whatever the means and form used for it.

The modification will only affect the Buyers that have accepted it after said modification.

12 – General issues

12.1. Safeguard and interpretation of these Conditions

If the competent authority declares any of these provisions as illegal, invalid or unenforceable, this will imply that it must be interpreted in the manner closest to the original intention of such provision. In any case, such declaration with respect to some or some clauses will not prejudice the validity of the rest.

The non-requirement by DSI of strict compliance with any of the terms of these Conditions, does not constitute and can not be interpreted in any case as a waiver on its part to demand it in the future.

12.2. Language

The language applicable to these Conditions is Spanish. If versions are offered in other languages, it is solely for mere courtesy, for the convenience of the Buyer. Therefore, it expressly accepts that they are governed by their Spanish version. In case of contradiction, the Spanish version will prevail.

12.3. Legislation and jurisdiction

The relations between DSI and the Buyer arising as a consequence of the acceptance of these Conditions will be governed by Spanish legislation and jurisdiction.

For the resolution of disputes or disputes between DSI and the Buyer considered as a Company, the parties will submit, expressly waiving any other jurisdiction that may apply, unless by law another different jurisdiction is determined imperatively, to the Courts and Courts of Murcia.