General conditions
These General Conditions regulate the purchase of products offered through the website www.monisimadelamuerte.com, property of VERÓNICA ROSADO PEÑA, with NIF 31717948M, with address at C/ TOMILAR 18, 2-B 28042 MADRID; Email administracion@monisimadelamuerte.es; hereinafter “THE COMPANY”.
In this document we will refer to the “USER”, which is the natural person who purchases the product offered through the website and “THE COMPANY”, which is us.
The products are purchased directly from THE COMPANY, who acts as a direct seller; therefore, the contract for the sale of the products is made between the USER and THE COMPANY.
The USER must read and accept these General Conditions and the information on the products they wish to purchase before proceeding with their purchase. This acceptance will be made expressly by clicking on the box “I have read and accept the General Conditions” that will appear during the purchase process. By doing so, the USER confirms that they are of legal age and have the legal capacity to purchase the products offered by THE COMPANY.
At the time of formalizing the purchase, it will be deemed to be completed by full right and from that moment on, the prices and conditions will have a contractual nature, so they may only be modified by the express agreement of the contracting parties.
The electronic document in which the contract is formalized will be archived by THE COMPANY for one year, and the USER may obtain a copy during this period.
1. USER OBLIGATIONS
The USER is obliged for all purposes to use the website and, where applicable, to purchase the products offered by THE COMPANY in accordance with the law and what is established in these General Conditions.
THE COMPANY reserves the right to remove from the website any comment or opinion from USERS that is contrary to current legislation, especially in cases where it violates the fundamental rights and freedoms of individuals.
2. PURCHASE PROCEDURE AND PAYMENT METHOD FOR PRODUCTS
The USER will select on the website the products he/she wishes to purchase and the quantity or number of units. The prices indicated on the screen are in Euros and are the current prices, except for typographical errors, with an indication of whether or not applicable taxes are included.
The USER must fill out the form with his/her details in order to process the order, and must click on the “Continue” section to proceed with the purchase of the products and must expressly accept these General Conditions. On the following page, the USER will be shown a summary of the products he/she wishes to purchase, their price, applicable taxes, shipping costs and the expected delivery time, and the USER may make any changes he/she deems appropriate before clicking on the “Pay” section. Once the USER has accessed the “Pay” section, he/she must enter the details of the credit card with which he/she will make the payment or the details of his/her Paypal account, and accept the payment.
THE COMPANY will send an email to the USER confirming receipt and confirmation of the purchase made, within twenty-four hours (24 hours) following receipt of the formalization of the order. The contract will not be considered concluded until THE COMPANY has received payment for the price of the products.
If the USER wants an invoice, he/she can obtain it by requesting it by email from THE COMPANY.
The USER shall be responsible for the accuracy of the personal data provided to THE COMPANY, and in particular is responsible for ensuring that the credit or debit cards used are their property and that they have sufficient funds to cover the cost of the products they wish to purchase. THE COMPANY reserves the right to cancel the sale in the event of non-payment, chargeback, rejected card or false data, or in the event that it cannot verify the card details. Likewise, the USER must notify THE COMPANY via email of any improper or fraudulent charge to the card used for purchases on the website as soon as it becomes aware of it.
3. SHIPPING POLICY
In Very cute to deathWe are committed to delivering your products quickly and safely to any corner of the country, so that you can enjoy your purchase in perfect condition.
Domestic shipping €7.95 – free shipping on purchases over €150
4. RIGHT OF WITHDRAWAL
In accordance with articles 102 et seq. of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the USER who has the status of consumer or user in accordance with the definition established in article 3 of the aforementioned Royal Legislative Decree, may withdraw from the purchase made for whatever reason, within a period of 14 calendar days from receipt of the product. However, as established in the following section entitled "EXCEPTIONS TO THE RIGHT OF WITHDRAWAL", this right will not apply to the goods and services specified in said section.
To exercise the right of withdrawal, the USER must notify us of his/her decision to withdraw from the contract through an unequivocal statement that can be sent to us by post or by email, to the addresses listed at the beginning of these general conditions. If you wish, you can use the following form:
Withdrawal form
(You should only complete and send this form if you wish to withdraw from the contract)
- To the attention of VERÓNICA ROSADO PEÑA, C/ TOMILAR 18, 2-B 28042 MADRID; email administracion@monisimadelamuerte.es
- I hereby inform you that I am withdrawing from my contract of sale of the following property: __________________________________________________________
- Order placed on: ____________________
- Name and surname: ______________________________________________________________________
- Home: _________________________________________________________________________________
- Signature (only if this form is submitted in paper form)
- Date: _____________________
THE COMPANY only accepts returns that meet the following conditions:
- The product must be in the original packaging and labeling.
- The shipment must be made using the same box in which the order was received.
If the original box cannot be used, the USER must return it in a box that guarantees the protection of the content so that it reaches THE COMPANY in good condition, otherwise THE COMPANY reserves the right to reject the return.
- A copy of the invoice/delivery note must be included in the package, indicating the returned products.
The product must be returned to THE COMPANY at the address stated at the beginning of these general conditions. The transport costs arising from the return will be borne by the USER, who may freely choose the company he prefers for the transport of the item and, if he wishes, calculate said cost here:
Once the product has been received and it has been verified that it is in perfect condition, the refund will be processed within a maximum period of 14 calendar days from the date that the USER communicated the intention to withdraw and through the same payment method that the USER chose when placing the order. THE COMPANY may retain the refund until it has received the returned items.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
As established in Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the right of withdrawal will not be applicable to contracts that refer to:
The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by the entrepreneur, he will have lost his right of withdrawal.
The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
The supply of goods made according to the consumer and user's specifications or clearly personalized.
The supply of goods that may deteriorate or expire quickly.
The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.
The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot control.
Contracts in which the consumer and user has specifically requested the entrepreneur to visit him to carry out urgent repair or maintenance operations; if, during that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal must apply to said additional services or goods.
The supply of sealed audio or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
Contracts concluded through public auctions.
The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to recreational activities, if the contracts provide for a specific date or period of performance.
The supply of digital content that is not provided on a physical medium when the execution has begun with the prior express consent of the consumer and user, with the knowledge on their part that they consequently lose their right of withdrawal.
5. RETURNS
- For damage caused during transport or shipping error:
If at the time of delivery it is visibly and clearly evident, without having to manipulate the shipping packaging or the product itself, that a product has defects caused by damage in transit or, in the same way, an error is evident in the merchandise received, the USER must notify the COMPANY, at its email address listed at the beginning of these general conditions, within 48 hours of receiving the order, in order to request the return of the affected product or products and thus the replacement with a new one or the refund of the price paid for it.
- For defective products:
In the event that, once the package has been opened, the USER verifies that a product is defective, he/she must notify THE COMPANY at its email address and proceed to return it within 48 hours of receiving it. In this case, when the return is justified, THE COMPANY will refund the value of the product and the shipping costs, in addition to the direct costs of the return, within thirty (30) days of receipt by THE COMPANY of the product that is the reason for the return.
The above is without prejudice to the provisions of current mandatory regulations on consumer protection.
6. WARRANTY
The COMPANY will be liable for any lack of conformity that becomes apparent within a period of two years from delivery. In the event that the product purchased is second-hand, this period will be one year.
The USER must inform THE COMPANY of any lack of conformity within two months of becoming aware of it. The warranty does not cover defects caused by improper use or normal wear and tear of the products.
7. – CUSTOMER SERVICE
For any communication, incident or claim, the USER may send a communication to the COMPANY by email.
8. NULLITY OF THE CLAUSES
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that clause or the part thereof that is null or ineffective, with the rest of the General Conditions remaining in force.
9. NOTIFICATIONS
Any notification or request that the parties must make to each other in relation to the purchase of products or with these General Conditions must be made in writing and will be deemed to have been duly made if it has been sent to the email address that each party may indicate to the other for these purposes.
10. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These General Conditions shall be governed and interpreted in accordance with the Laws of Spain.
THE COMPANY reserves the right to make changes at any time to our website, as well as to these General Conditions. Changes to essential elements will not affect contracts already stipulated, unless the USER has expressly accepted the modified conditions.
11. INFORMATION ON DISPUTE RESOLUTION
Online dispute resolution pursuant to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link:
THE COMPANY reserves the right to make changes at any time to our website, as well as to these General Conditions. Changes to essential elements will not affect contracts already stipulated, unless the USER has expressly accepted the modified conditions.