1.- OBJECT
The present General Conditions have the aim to regulate the relation between SIMETRYA HOME (in forward SIMETRYA) and You (In forward the Client), relative to the commercialization of purchase and sale of textile material and its accessories. SIMETRYA's products will be only available in the territory of Spain (Peninsula and Balearics). For all those orders to Canaries, Ceuta, Melilla or out of Spain, you will be able to contact SIMETRYA in order to manage the purchase personally.
2.-ACCEPTANCE FORMALIZATION AND VALIDITY.
The present general conditions of sale do not constitute an offer of sale, but a mere invitation for the business accomplishment. In this sense, we inform you that will not exist any contract between You and SIMETRYA in relation with any product until you have not requested the purchase of a product and SIMETRYA has accepted it. In case that you had realized the order and SIMETRYA had charged your account, if your offer finally is not accepted by SIMETRYA, the totality of the amount will be restored in your account.
To realize an order, You will have to follow the procedure of purchase online that is detailed in this Web. All the orders will be subject to the confirmation and acceptance of SIMETRYA. In this sense, the formalization of the contract for the purchase will be realized when SIMETRYA has sent you the confirmation and acceptance of the order.
From the moment SIMETRYA accepts the order, You will acquire the condition of Client derived from the provision of services that is described in these General Conditions. Any service offered later by You will have to be an object of a new contracting.
3.-PRICES AND FORM OF PAYING
Prices and postage and handling
The prices applicable to every product are the indicated in SIMETRYA's web page in the date of the order including all of them the corresponding VAT (Value-added tax).
Sales will be due marked and identified as such, indicating the previous price and the price of the current reduction. Prices will be able to change at any time, without concerning the orders that already had been realized and accepted by SIMETRYA.
The postage and handling corresponding to the purchases realized and accepted by SIMETRYA will be the following:
· Up to 129,00 € of purchase will suppose a postage and handling of 9,90 €.
· More than 129,00 € of purchase the postage and handling will be free.
The prices indicated as postage and handling, will be applied for all sending inside the Spanish territory with the exception of the Canary Isles, Ceuta, Melilla or territories out of Spain. For other destinations SIMETRYA will define and communicate the corresponding postage and handling to the Client.
The payment of the purchases will be done by credit card: Visa,
Mastercard, Amex and Paypal.
Likewise, SIMETRYA will also accept the payment by bank transfer to the following account number: 2100 3385 30 2200135232 of La Caixa or to the account number: 0081 0101 31 0001243228 of the Banc Sabadell.
If the payment is effected by credit card, the amount of the order will remain blocked until the order is sent.
In case of needing an invoice, you can mark the option "company", during
the order processing. Likewise you will have to fill the company’s information
in order to proceed to the sending of the invoice.
4.-THE DELIVERY
The delivery of your products will be realized by a carrier hired by SIMETRYA. When your order goes out of the store, SIMETRYA sends you an e-mail informing that the sending is already in traffic. In that moment the transporter will contact you to deliver the product requested in the domicile that it has been indicated. The delivery time will be of 3 - 4 labor days from the confirmation of the payment. The product will be delivered in the domicile that You have indicated. Products will be sent from Monday to Fridays excluding holiday.
Impossibility of delivery
In case that the delivery turns out to be impossible, we will try to contact You to look for a sure place and realize the delivery. If SIMETRYA cannot find a sure place the order will be returned to our store.
It is necessary to bear in mind that the storage and new sending of the product can have an aftercost.
If You don’t receive the order in the indicated term you can contact SIMETRYA by the telephone 93 6222467 or by an email to info@simetrya.es.
If the product does not have a fault of manufacture:
You have a term of 15 days from the date of receipt of the article to return it.
To return it:
- The product mustn’t be used.
- You will have to fill the return document that you will find at the back of the delivery note.
- You will have to include all the original packaging, the instructions,delivery note and the documents attached. The product must be sent in the same conditions you received it.
- We will not accept returns of personalized articles or made-to-measure.
We will contact you to send you the transporter and gather the product.
The expenses of the transporter will be chargeable to You.
SIMETRYA will examine the article and will report you if you have right or not to the return. In case that SIMETRYA proceeds to the return of the product, we will not reverberate any additional expense apart of the expenses of the sending of returning the article. SIMETRYA will return the amount by the same form of payment that you used, likewise will inform the Client of the amount that will be returned to him.
If the product is defective or erroneous:
SIMETRYA guarantees the quality of its products and of the service, but if for mistake you receive a product you didn’t ask for or it is in a defective condition, you can contact us to the telephone 93 6222464 or send an e-mail to the following direction devoluciones@simetrya.es. The Client will have to follow the steps indicated in the previous paragraph.
SIMETRYA will contact You to fix day and hour when the package will be gathered.
SIMETRYA will examine carefully the returned product and will report to the Client by an e-mail in the term of 10 days if it proceeds to the return or substitution of the same one. In case of return, the full quantity will be reimbursed entirely, included the expenses and the cost to return it. The amount will be returned by the same support that the Client used to pay the purchase in the maximum period of 30 days.
6.-CHANGES AND CANCELLATIONS
If You need to change or cancel your order, you will be able to do it calling immediately to the telephone 93 6222467 or sending an e-mail to devoluciones@simetrya.es. If the order is already in traffic and out of our store it will not be possible to realize changes or cancellations and SIMETRYA will send it as you requested it.
7.-RESPONSIBILITY AND EXONERATION OF SIMETRYA's RESPONSIBILITY TO
Including but not limited to, SIMETRYA will not assume responsibility any derivative of:
Acts or omissions of third parties, with independence of these third parties could be joined to SIMETRYA by contractual agreement.
Of the access of minors to the contents included in this web site, being a responsibility of their progenitors or tutors to exercise a control adapted on the activity of the children or minors to their post, or to install some of the control tools of the Internet use in order to avoid (i) the access to materials or not suitable contents for minors, as well as the (ii) the sending of personal information without the previous authorization of their progenitors or tutors.
Of the communications or dialogs in the course of the communications in SIMETRYA's blog and virtual communities that are organized across or half-close to the web and / or webs of link, it will not even answer, therefore, of the eventual hurts and damages that suffer the particular and / or collective users as a result of the above mentioned communications and / or dialogs.
Failures or incidents that could take place in the communications, so that there is no guarantee that services of the web site are constant operative.
SIMETRYA will not be responsible in any case when mistakes or delays take place in the sending of its products for reasons beyond its control.
In any case, SIMETRYA promises to solve the problems that could arise and to offer the whole necessary support to the Clients to come to a rapid and satisfactory solution of the incident.
8. RESPONSIBILITIES OF THE CLIENT
The Client must realize a lawful use of the services, without infringe the in force legislation, nor to injure the rights and interests of third persons.
The Client guarantees the veracity and accuracy of the information facilitated on having completed the forms of contracting, avoiding the cause of damages to SIMETRYA for the incorrectness of the same ones.
The breach of any of these Conditions could mean a retreat or cancellation of SIMETRYA’s services without need of notice to the Client and without the right of some indemnification.
9.-GUARANTEE OF SIMETRYA's PRODUCTS
SIMETRYA guarantees that products you find to the sale in the web site www.simetrya.es offer the maximum quality. In case of defective product, SIMETRYA will have to proceed, as correspond, to the repair, substitution, reduction of the price or resolution of the contract, negotiations that will be free for the Client. There will be understood that the articles dedicated to the client are consent to the contract if they fulfill all the requirements:
a) Adjust to the description realized by SIMETRYA and possess the qualities of the product.
B) Are suitable for the uses to which ordinarily there are destined the products of the same type.
C) Present the quality and habitual presentations of a product of the same type for that the consumer and user could wait on good grounds, given the nature of the product.
The guarantee does not include the deficiencies caused for negligence, blows, use or wrong manipulations, not for the wear for his normal use. There remain excluded from the guarantee the products modified or altered by the client or a third party foreign to the professional equipment of SIMETRYA.
To use the guarantee, there is indispensable the conservation of the voucher or delivery note of SIMETRYA's.
The seller answers of the lacks of conformity that should demonstrate in the period of two years from the delivery. The consumer and user will have to inform the seller of the lack of conformity in a period of two months since he/she had knowledge of it. "Bearing in mind that we commercialize products of not lasting nature, these period of legal guarantees will be applied bearing this question in mind".
10. PERSONAL INFORMATION AND COMMERCIAL COMMUNICATIONS
In fulfillment of the established in the Organic Law 15/1999, of Protection of Information of Personal Character, we inform you that the fulfillment of any existing form so much in physic support as in the web site www.simetrya.es or the reference of an e-mail to any of our mailboxs:
1 º.-Will be treated by them by the maximum confidentiality and will form a part of the files SIMETRYA HOME S.L ownership C/Aribau, 168, 08036 Barcelona (Barcelona), for his management and to give response to the same ones, as well as for the commercial management that SIMETRYA links with the Client, and the sending by e-mail of the sales that SIMETRYA realizes, for the delivery of the bought products, and the information about the offers that we create for the interest of the Client providing that he/she has not demonstrated expressly its denial.
2 º.-Implies the acceptance of the privacy politics (reflected in the same web site www.simetrya.es), as well as the authorization to SIMETRYA in order to treat the personal information that the Client facilitates to it. SIMETRYA presumes that the information has been introduced by his holder or by the person authorized by this one, as well as that they are correct and exact.
In conformity with the in force legislation as for protection of information, SIMETRYA has adopted the safety levels adapted to the information facilitated by the Clients and, in addition, it has installed all the means and measures to avoid the loss, wrong use, alteration, not authorized access and extraction of the same ones.
The Client can exercise the rights of access, rectification, cancellation, opposition and repeal of the given assent, by written communication directed to SIMETRYA HOME S.L., situated in c/Aribau, 168, 08036 Barcelona (Barcelona), as well as sending an e-mail to the direction: simetrya@simetrya.es, or calling to the telephone number: 93 6222467.
11. EXTINCTION
SIMETRYA will be able to solve the contract for breaching any of the obligations established in the present General Conditions.
12.-INDUSTRIAL AND INTELLECTUAL PROPERTY
The rights of intellectual and industrial property on the brands, logos, any other one capable of protection and contents in SIMETRYA's web page correspond in sole right to SIMETRYA except that in the same ones is indicated any different ownership. The reproduction, distribution, commercialization or transformation not authorized of such brands, logos, etc. constitutes an infraction of intellectual and industrial rights property of SIMETRYA or of the holder of the same ones, and it could exercise all the judicial or extrajudicial actions that could correspond them in the exercise of their rights.
Likewise, the information to which the Client can accede through this web page, can be protected by rights of industrial, intellectual property or of another nature. SIMETRYA will not be responsible in any case and under any concept of the infractions of such rights that could commit as user.
13.-JURISDICTION AND APPLICABLE LAW
These General Conditions of Sale are ruled by the Spanish law. The parts surrender, to their choice, for the resolution of conflicts and with resignation to any other jurisdiction, to the courts of the domicile of the user. Likewise, like an entity adhered to ONLINE CONFIDENCE (CONFIANZA ONLINE) and in the terms of its Code of ethics, in case of controversies relative to the contracting and to the advertising online, protection of information, minors' protection and accessibility, the user will be able to come to the system of extrajudicial resolution of controversies of ONLINE CONFIDENCE (www.confianzaonline.es), personified in the Juror of the Advertising and in the Arbitral National Meeting of Consumption.