A.- GENERAL CONDITIONS OF USE.
1.- Service conditions.
1.1.- User definition.
Access and/or use of the DECOHAPPY website ( www.decohappy.com ) grants the user the condition of the same, accepting from that moment, and without reservation, these General Conditions of Use.
Without prejudice to the regulation contained in these General Conditions of Use, those responsible for LEAD PURPLE SCP , with CIF ESJ67271775 and address at Avenida Emerencia Roig i Reventos 24 08870 Sitges, Barcelona (hereinafter, LEAD PURPLE SCP), reserve the possibility to establish Particular Conditions of Use, for the regulation of certain services and/or contents, in which case the users are also bound by any Particular Conditions of Use that, if applicable, were published.
In general, any Internet user has the possibility of accessing the content made available to the public through LEAD PURPLE SCP, although access to certain services is restricted to registered users, as detailed below.
1.2.- DECOHAPPY user account.
Any user who wishes to make use of the restricted services, content and utilities made available through LEAD PURPLE SCP, must proceed to register and process the registration on the website, by creating a user account.
At the same time, the user expressly undertakes and obliges to guarantee the veracity of the data provided and/or communicated at the time of completing the registration form, or any other tools through which they provide personal data.
Likewise, the registration and registration procedure as a DECOHAPPY user requires the provision, by the user, of an access code (password or password), whose purpose is to protect the user's account against any unauthorized access attempt to it. . In order to guarantee the privacy and individuality of user accounts, the system will request this key or password as authentication prior to accessing the user account.
The user will be solely and exclusively responsible for the safekeeping and custody of their access codes to the system. Those responsible for LEAD PURPLE SCP do not assume any responsibility, either directly or indirectly, regarding the custody that the user makes of their identification and authentication keys, the illegitimate interference that may occur in the user account, or the uses that of said keys is carried out in a third party with or without the consent of the user.
In the event that the user is a minor and wishes to create a user account in DECOHAPPY, it will be mandatory to obtain prior permission and/or authorization from their parents, guardians or legal representatives, who will be considered, for all purposes, as subsidiary responsible for the acts carried out by minors in their care in accordance with current legislation.
Notwithstanding the foregoing, those responsible for LEAD PURPLE SCP inform that it is not possible to control at all times the access of minors to the website, it being the sole responsibility of the parents or guardians to control and assist minors in browsing the website. Internet, and those responsible for LEAD PURPLE SCP are not assuming any responsibility for any harm that a minor may eventually suffer as a result of accessing the content made available to the public through DECOHAPPY.
1.3.- Cancellation of the user account.
Any DECOHAPPY participant who has a user account has the possibility of unsubscribing and canceling it, the procedure being enabled for this by sending an email to the address email@example.com, in which they simply must indicate your desire to cancel and/or terminate your user account at DECOHAPPY.
The cancellation of the user account will mean, for the user who was registered up to that moment, the impossibility of accessing his account from the moment of cancellation, as well as the restricted contents and services of DECOHAPPY.
Likewise, in the event that those responsible for LEAD PURPLE SCP are aware that a user is making use of the contents and services made available through the website that is inappropriate, illegal or contrary to current regulations. and/or these General Conditions of Use, reserves the right to deny access and/or use of DECOHAPPY to said user, as well as the possibility of unilaterally canceling their user account, if any.
The cancellation of the user account by those responsible for LEAD PURPLE SCP will be communicated to the user in future attempts to access the service that they may make.
2.- Obligations and responsibility of the users.
2.1.- Obligations of the user.
The user undertakes to use the website www.decohappy.com in accordance with the provisions established by current legislation and regulations, good faith, public order and generally accepted uses and customs.
The user expressly agrees to make appropriate use of www.decohappy.com and its contents, in accordance with the possibilities and services they offer, as well as the purposes for which they have been conceived.
Likewise, the user undertakes not to use DECOHAPPY, its contents and/or the dissemination tools that it makes available to them for illicit or illegal purposes, or harmful to the rights and/or interests of those responsible for LEAD PURPLE SCP or from third parties.
Similarly, the user agrees not to cause harm, damage or deterioration to the software, tools and / or content that constitute the basis of the website www.decohappy.com, and not prevent its normal operation.
Those responsible for LEAD PURPLE SCP will not assume any responsibility, either direct or indirect, derived from the breach of said obligations by users.
2.2.- Responsibility of users.
Each user will be solely and exclusively responsible for the use they make of the tools made available through LEAD PURPLE SCP.
The user will be solely and exclusively responsible for the use made of DECOHAPPY for illicit, illegal or unauthorized purposes by current regulations, whether with or without economic purpose.
The user will assume in any case, solely and exclusively, the responsibilities of any kind that may arise as a result of breaching these General Conditions of Use.
Those responsible for LEAD PURPLE SCP are expressly excluded from any type of responsibility, whether direct or indirect, with respect to any damage and/or harm caused to the user of DECOHAPPY and/or to a third party, which is caused by the misuse, intentional or not, that the user makes of the contents, tools and utilities made available through this web page, or due to the non-observance of these General Conditions and, where appropriate, the Particular Conditions, by the user.
3.- Responsibility of LEAD PURPLE SCP
Those responsible for LEAD PURPLE SCP do not assume any responsibility derived from damages and/or losses of any nature that the user of the website or a third party may suffer, and that derive from:
The lack of availability, maintenance or effective operation of the website www.decohappy.com , its services or contents.
The fact that a third party, violating the established security measures, uses DECOHAPPY, its contents or services for the transmission of viruses or other damages electronically, or carries out an unauthorized treatment of the stored data.
No use that, in general, can be made by the user and/or a third party of the DECOHAPPY website, its services, or the contents made available to the public through them, that is contrary to these General Conditions of Use, good faith, morality, public order or good customs, or the provisions established in current regulations.
4.- Liability of third parties, publicity and/or links.
4.1.- Links and information provided by third parties.
DECOHAPPY may host, temporarily or permanently, links, links or hyperlinks that redirect users to other web pages. If there are such links or links, their sole purpose will be to facilitate and allow access to content and / or services that may be of interest to users, and are not managed or controlled by those responsible for LEAD PURPLE SCP.
LEAD PURPLE SCP does not assume any responsibility, either direct or indirect, derived from the connections that may be made, or from the contents that are accessed through the aforementioned links, nor does it guarantee technical availability, legality, veracity, usefulness, quality, reliability, accuracy, morality or correctness of the content, information and / or services accessed through said links, as long as said content and / or services are not directly managed or controlled by those responsible for LEAD PURPLE SCP.
Consequently, the user assumes under his sole and exclusive responsibility, the damages or losses that may be caused as a result of the use he makes of the web pages linked from DECOHAPPY.
DECOHAPPY may host banners, logos, advertisements or other advertising media and/or be sponsored certain content and/or services made available to the public through the website.
In the event of this advertising or sponsorship, advertisers and sponsors will be solely responsible for assuring and guaranteeing that the advertising material meets each and every one of the legal requirements that may be applicable.
LEAD PURPLE SCP does not assume any responsibility, either directly or indirectly, with respect to any errors, inaccuracies, illegalities and/or irregularities in which advertising or sponsorship content may be included, made available to the public, where appropriate, through the DECOHAPPY website.
The user will be solely and exclusively responsible for all those contractual or extra-contractual relationships that, where appropriate, could be entered into with advertisers and/or sponsors, as well as participation in contests, promotions or the sale of goods and/or services.
In the event of such legal relationships, they shall be understood to be carried out solely and exclusively between the user and the third party, advertiser or sponsor, whether the latter is a natural or legal person, and LEAD PURPLE SCP is not responsible for such legal relationship in any case. .
5.- Industrial and Intellectual Property.
The user expressly undertakes and obliges to respect each and every one of the provisions, terms and requirements established by the laws regulating Intellectual Property (Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law), as well as by the regulations governing Industrial Property, in relation to trademarks and distinctive signs (Law 17/2001, of December 7, on Trademarks).
By virtue of the foregoing, the user undertakes and obliges to respect each and every one of the Industrial and Intellectual Property rights that protect works, contents, trademarks or other distinctive signs, domain names, software, designs, texts, graphics, logos. , icons, industrial drawings and any other signs that may be protected, which can be accessed through the DECOHAPPY website, whether owned by those responsible for LEAD PURPLE SCP and/or third parties, whether physical or legal.
The ownership of each and every one of the Industrial and Intellectual Property rights of LEAD PURPLE SCP, of its graphic designs and of the information and codes that they contain, belong to Mrs. Isis Alarcón Teresa, unless otherwise expressly indicated. or have been included on the website with the prior authorization of their legitimate owners.
All those intellectual works, trademarks and other distinctive signs, graphics, texts, logos, icons and in general, all those signs and/or utilities protected, or likely to be protected by the Industrial and Intellectual Property Laws made available to the public at through LEAD PURPLE SCP, and whose ownership does not belong to Mrs. Isis Alarcón Teresa, but to third parties, whether natural or legal, have been included on the website with the prior authorization of their legitimate owners.
The fact that LEAD PURPLE SCP makes available to the public signs and/or utilities that may be protected by Industrial and Intellectual Property Law will not allow us to understand, in any case, that any license to exploit them is granted, as well as nor that transmission and / or transfer of the same is carried out, either totally or partially, without the express and written authorization of its owners, whether it is Mrs. Isis Alarcón Teresa, whether they are third parties, physical or legal.
6.- Modification of the General Conditions of Use.
Those responsible for LEAD PURPLE SCP reserve the right to modify, totally or partially, these General Conditions of Use, including, modifying or eliminating the clauses they deem necessary, without prior notice and at the time they deem appropriate.
In the event that any of these clauses is declared totally or partially null or ineffective, by the competent body to make said declaration, the eventual nullity will only affect the specific provision in question, or the part thereof that is null or ineffective, subsisting the present General Conditions of Use in everything else.
7.- Jurisdiction and jurisdiction applicable.
The parties, expressly waiving any other jurisdiction that may correspond to them, accept the Portuguese Law as the governing legislation of these General Conditions of Use.
For the resolution of any disputes or disputes that may arise from these General Conditions of Use, the parties expressly agree to submit to the Jurisdiction and Competence of the Courts and Tribunals of Vilanova i la Geltrú.
B.- GENERAL CONDITIONS OF CONTRACT.
1.- Placing the order.
To place an order at LEAD PURPLE SCP, it will be necessary for the user to connect to the website www.decohappy.com , and proceed to register or identify himself as a user, in accordance with the provisions of section 1 of the General Conditions of Use (“Terms of service”), completing at all times the identification or registration form that appears in the store, and following the instructions indicated by the website itself.
Once the user is registered and/or identified, to proceed with the purchase of products, they must add the product they wish to purchase to the shopping cart or shopping bag, and finally proceed to the validation of the order process, according to the instructions contained in the order screen.
Likewise, the user has the possibility of adding products to his wish list.
Users are informed that, by adding products to the wish list, no purchase process is formalized, but rather those products that they would like to purchase are simply stored as personalized user information. In the event that the user wishes to purchase the products previously added to the wish list, they must carry out the ordering process, in accordance with the provisions of the previous paragraph.
The validation of the order by the user expressly supposes the user's knowledge of these General Contract Conditions, and their acceptance as the text of the contract. Unless proven otherwise, the data recorded by LEAD PURPLE SCP constitutes proof of the set of transactions carried out between those responsible for LEAD PURPLE SCP and potential customers.
Once the order process has been completed, and as soon as possible, LEAD PURPLE SCP will send the user an order and purchase receipt, sending it to the e-mail address provided by the user at the time of registration and identification at DECOHAPPY. . In the event that the user is not satisfied with the data contained in said communication, they may request their modification, or the cancellation of the contract.
2.- Availability of the products.
The selection of products offered at DECOHAPPY is valid while the products are visible on the website, as long as they are not marked with the "Out of Stock" label, and within the available stock limits.
In the event that a product is out of stock or unavailable, the user has the possibility of filling out a form, indicating the product they want and an e-mail address in which to receive communications, those responsible for LEAD PURPLE SCP committing to send an email to the user at the time the requested product is available.
The completion by the user of this information request form, and the sending by LEAD PURPLE SCP of the requested information, does not formalize any purchase process, so that if the user wishes to purchase the product on which he requested information , you must carry out the order process, in accordance with the provisions of the clause "placement of the order".
Users are informed that, when a product offered by DECOHAPPY is out of stock, or temporarily unavailable, it will be marked as soon as possible with the label "Out of Stock", not constituting any link for LEAD PURPLE SCP the fact that that in previous moments, said product was not marked with the "Out of Stock" label.
Likewise, in the event that at any time there is a stock out, or occasional unavailability of an item, those responsible for LEAD PURPLE SCP will notify the customers who are affected by this situation, as soon as possible, for the purpose of arranging a new delivery period or, where appropriate, and for reasons of force majeure and/or impossibility, proceed to cancel the order.
Users and clients of LEAD PURPLE SCP are informed that, in the event that the client places an order for several items that present different availability, the delivery and delivery period will be computed and will be carried out according to the longest expected delivery. In exceptional cases, LEAD PURPLE SCP reserves the right to break down the order, sending the customer the available items and leaving a second shipment pending with those not available, prior agreement in this regard between those responsible for LEAD PURPLE SCP and the customer, and without it being understood that LEAD PURPLE SCP is obliged to reach an agreement with the client in this regard.
In any case, a delay in delivery, in accordance with the indicated deadlines, will not entitle the client to demand any responsibility and/or compensation.
3.- Shipping methods and terms.
Those responsible for LEAD PURPLE SCP will send the purchased products to the address that the client has provided when completing their registration and identification in DECOHAPPY, or when carrying out the ordering and purchasing process of products.
The order delivery methods currently offered by LEAD PURPLE SCP are the following:
-Delivery by courier at home: The delivery service by courier at home is only available for shipments to be made in Spain and Portugal.
To carry out the transport and delivery of goods in this modality, LEAD PURPLE SCP has chosen the courier company MRW, a company that will deliver the order to the shipping address within 48 hours from the confirmation of the purchase process, and payment verified by those responsible for LEAD PURPLE SCP.
It is reported that the courier company, in general, does not deliver on Saturday, Sunday, or holidays, whether national, regional or local. Therefore, if the purchase process is confirmed on Thursday or Friday, the order may be received by the customer the following Monday or Tuesday, or the next business day.
In the event that the client detects a problem at the time of delivery of his order (damaged packaging, damaged products, lack of products, among others), he must indicate it in writing on the delivery note that will be provided by the carrier. , and proceed to bring this fact to the attention of those responsible for LEAD PURPLE SCP, by sending an email to the following email address: firstname.lastname@example.org, all within a maximum period of the first 24 hours following the reception. No return of a damaged or defective item will be accepted, nor will any claim for a missing item be accepted, if this fact has not been communicated by the client within the period established for this purpose.
- Certified Postal Service: The delivery service by certified Postal Service is available for the member countries of the European Union and the rest of the world, as detailed below.
Certified Postal Service in the European Union: The estimated delivery time for member countries of the European Union through the certified Postal Service modality is between 4 and 5 working days, although for reasons of distance, festivities or other nature corresponding to the management of the shipment by the Correos entity, the shipment can take 10 to 15 working days. Any delay in the shipping times offered by Correos will not be attributable, at any time or circumstance, to those responsible for LEAD PURPLE SCP.
Those responsible for the Correos entity make home deliveries although, in the event that no one is at home, a notice will be deposited, and the customer must then go to pick up the order at the Post Office, or assimilated or equivalent entity, indicated in the notice itself.
It is reported that when sending by certified package, the signature of the recipient or person authorized by him will be required to withdraw the order. Likewise, those responsible for the Correos entity may require the display of the DNI, NIE, Passport or similar or equivalent document.
Certified Post Office shipping to the rest of the world and islands: The estimated delivery time for countries not members of the European Union through the Post Office certified shipping method is between 10 and 15 business days, although for reasons of distance, festivities or of another nature corresponding to the management of the shipment by the Correos entity, the shipment can take from 20 to 30 working days. Any delay in the shipping times offered by Correos will not be attributable, at any time or circumstance, to those responsible for LEAD PURPLE SCP.
Likewise, those responsible for LEAD PURPLE SCP do not assume any responsibility, either directly or indirectly, regarding the damages or delays that could be caused in the shipment of the order as a result of customs controls or similar eventualities.
In the cases of international shipments, outside the territory of the European Union, any extraordinary expense that arises in relation to customs or similar services, will always be borne by the buyer, and those responsible for LEAD PURPLE SCP will not assume said expenses, in no way. case.
4.- Shipping costs.
In general, and unless otherwise indicated, shipping costs are included in the price of the item, for shipments to be made within Continental Spain and Portugal, with the exception of shipping expenses and costs outside Spain and Portugal. Continental and that could arise in areas that do not belong to the European Customs Union.
In the event that shipping costs are not included in the price of the item, for countries outside the European Union, or for countries belonging to it in exceptional cases, they will be shown to the customer prior to completing the purchase process, and added to the price of the items that the customer wishes to purchase.
The payment methods currently offered by LEAD PURPLE SCP are bank transfer, payment by VISA or MASTERCARD, or payment by PayPal platform, as detailed below:
- Payment by VISA or MASTERCARD card: Payment by VISA or MASTERCARD card will be made in accordance with the requirements and protocols established by the issuing entity of the corresponding credit card, charging according to the conditions established by the aforementioned entity.
In the event that the system informs of the refusal of the card, the order will be automatically cancelled, informing the client of said cancellation online.
Those responsible for DECOHAPPY are not responsible for any eventuality that may take place in the credit card payment process and that is derived from the requirements established by the credit card issuer, or from non-compliance with the established requirements. by international regulations on Electronic Commerce Security.
In this sense, credit card payments that do not meet the requirements established in the previous paragraph will not be accepted, and the amount charged will be refunded, if applicable, to the original card. In the event that the client continues to be interested in acquiring the items, they may proceed to pay for them through any other means of payment enabled and referred to in this clause.
-Payment through the PayPal platform: Payment through the PayPal platform will be made, in any case, by virtue of the requirements and protocols established by the PayPal platform itself, and the client must faithfully comply with the steps and instructions established for this purpose by PayPal.
6.- Right of withdrawal.
In the event that the customer is not satisfied with the purchase, LEAD PURPLE SCP allows the return of the products purchased, as long as the requirements detailed below are faithfully met by the customer seeking the return:
- The maximum period for returning products is fifteen days (15 days) from the receipt of the product by the customer.
-The products whose return is sought, must be in perfect condition, keeping intact the original elements such as label or packaging, and must not present, in any case, signs of having been used. Those responsible for LEAD PURPLE SCP reserve the right not to accept the return if the product is not in perfect condition, and/or shows signs of having been used.
To proceed to return the product, the user must send the item to those responsible for LEAD PURPLE SCP, by courier or certified mail, the shipping costs incurred for the return being the responsibility of the user.
The reimbursement of the amounts paid by the client will be made through the means of payment used by the client in the purchase, except in the case of having paid cash on delivery; In this case, the refund will be made via bank transfer.
In the event of a return, those responsible for LEAD PURPLE SCP will reimburse the customer for the price of the product, once the item to be returned is received within the stipulated deadlines, and the condition of the product to be returned has been verified.
In the event that the user intends to return a product because it is defective, the procedure will be in accordance with the provisions of clause 3, "Shipping methods and deadlines".