Terms and conditions
1. Preliminary
This portal is owned by Cristina Omarrementeria NIF 20214152Z
With fiscal address in Valencia (46010, C/Botánico Cavanilles 1.
Tax number (CIF) NIF20214152Z.
It is the responsibility of the user to be aware of the General Sale Conditions in force when starting the Purchasing process.
Cristina Omarrementeria NIF 20214152Z can modify these General Conditions of Sale at any time. Modifications will not affect any purchases made prior to the approval of said modifications, in any case. Purchases will always be governed by the General Conditions in force at the time of making the purchase.
Please, read carefully the information of every product to be aware of their specific conditions, as these General Conditions may be completed or modified by specific clauses or specific conditions of certain products, especially regarding exclusion of rights of withdrawal, changes or refunds.
The electronic document in which the contract is formalized will be archived by Cristina Omarrementeria and can be consulted through our website with authentication of your username and password or the means established in each case. A paper copy can be requested from Customer Service, cristinaomarrementeria@gmail.com, whose details are outlined in Clause 12 of the General Conditions of Sale.
By accepting these conditions, the user declares themselves to be of legal age and have enough legal capacity to be bound by these General Sale Conditions.
2. Applicable law
This electronic contract is subject to Spanish regulations and specifically to the legal framework by Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE). The electronic contract will not be filed by a third party and the language for its conclusion is Spanish.
The current General Conditions may be saved and reproduced at any time by the user making a purchase through the options of their internet browser and must be accepted before proceeding to the payment of the products.
3. Registering as a user
In order to purchase cristinaomarrementeria.com products electronically, it is not necessary to register as a user of the page (www.cristinaomarrementeria.com). You can make the purchase without registering.
4. Purchasing process
The purchasing process is composed of the following steps:
(i) Product selection: Browse our page and click on the "Add to cart" button each time you want to add a product to your order. The shopping cart contains the name of the selected product, the quantity and the price in euros.
(ii) Beginning of the purchasing process: To start the purchase process press the "Checkout" button.
(iii) Completion of the purchase data: Before selecting the payment method, you must complete the details of your purchase and correct any errors in the data entry. Once you have verified your information, confirm your order.
(iv) Selection of payment method: Select your preferred payment method, accept the current General Sale Conditions by checking the corresponding tab and click on the “Finish order” button. At that time, the contract will be completed for all intents and purposes.
(v) Purchase confirmation: Once we receive your approval, cristinaomarrementeria.com will issue a confirmation on screen that you can archive which will contain the following information:
- Order number
- Date of order
- Summary of products included in the order.
In all cases, cristinaomarrementeria.com will issue a confirmation of purchase by email within a maximum period of 24 hours from receipt of the purchase order.
Throughout the purchase process you can consult the General Conditions of Purchase, as well as see the final price of the selected products.
Once the purchase is confirmed, the customer cannot modify or cancel the order outside the cases provided by law or in these General Conditions.
5. Price, taxes and shipping charges
All the prices indicated on the website are referred to in euros and include taxes and fees applicable to the Spanish territory, notwithstanding the fact that the purchase of the products from another territory could incur corresponding taxes and/or customs duties. Cristina , using the bank details entered by the user on the website, will charge the final amount of the order.
The shipping costs will be detailed at the end of the purchase process, where you can choose the desired shipping method. These shipping costs will be borne by the user in full.
Prior to accepting the price through the “Finish order” option, the user will see the full final price of the order, broken down, if desired, the amount of the additions or discounts applied, as well as transport costs, taxes, customs duties and other additional services.
Product prices may vary at any time depending on cristinaomarrementeria.com pricing policy. The products purchased will be billed at the price in effect at the time of purchase.
7. Payment
Users may pay the amount of the products purchased by any of the following means:
a) We accept almost all credit and debit cards.
b) Via PayPal.
c) Via bank transfer.
Cristina guarantees that it will treat the personal data obtained through the registration form filled out by the user with total security and confidentiality.
8. Invoice
Cristina will send proof of purchase by email to the address provided by the user.
9. Delivery
Orders are dispatched within the following territories: Mainland Spain (includes Balearic Islands), Metropolitan France (includes Corsica), Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Hungary, Ireland, Italy (includes Sardinia and Sicily), Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Portugal, Poland, Romania, Slovakia, Slovenia and Sweden.
Home delivery is from Monday to Friday. The user can rectify any detail regarding shipment, as well as the delivery method, according to the options provided by Cristina.
Shipments made outside the territory of the Iberian Peninsula may entail additional charges in terms of transport and delivery of products that, in all cases, will be made clear to the user during the purchasing process.
The user will gain ownership of the products in question once they have paid the entire agreed price.
If delivery is not possible, Cristina is entitled to cancel the contract due to the impossibility of compliance and without prejudice to the claims that may be initiated by Cristina in case of fraud or the user’s fault.
Cristina will not be responsible for the state in which the products are delivered to the user in case of impossibility of delivering the order within the agreed period for reasons attributable to the user.
The assumption of risk by the user regarding the products will take place at the time of delivery of these, regardless of when the user acquires ownership over the products. Therefore, Cristina will not be responsible for any robbery, theft, deterioration, damage or loss of products that occurs after their delivery to the user.
10. Responsibility for the delivery
Cristina does not guarantee permanent availability of products, and is exempt from any type of responsibility provided that it does not bring cause of a malicious breach by Cristina, or is derived from errors in the unavailability of the service of the telematic networks of data transfer outside of their will.
Also, Cristina will be released from the fulfillment of its delivery obligations provided in Clause 9 above, and declines all responsibility in this regard, in the following cases:
a) Full or partial non-payment by the user.
b) Omission or inaccuracy of the information that, in accordance with Clauses 3, 5, 6 and 7, the user must provide when placing the order.
11. Returns
11.1.- WITHDRAWAL
In accordance with Spanish law, the user has the right to withdraw, by virtue of which they may return the product received if they find that it does not meet expectations.
The exercise of the right to withdrawal is reserved for users who act as consumers and/or users, in accordance with the definition given to them by the Royal Legislative Decree 1/2007 of November 16th, which approves the consolidated text of the General Law for the Defense of Consumers and Users, being able to exercise it within a maximum period of fourteen (14) calendar days from its receipt and according to the official calendar of the place where the product has been delivered. In order to exercise this right, the product must be in perfect conditions and in its original packaging.
The refund of the purchase price will be made once the condition of the merchandise has been checked and with the same payment method used for the order and, in all cases, in a maximum of fourteen (14) calendar days from the irrefutable receipt of the request for withdrawal, as long as Cristina who manages the collection of the product. In the event that the user returns the product through a transport company of their choice, the refund of the purchase price will be made in the period of fourteen (14) days starting from the day when Cristina has knowledge of the shipment of the product or, failing that, from its receipt.
The return expenses derived from the exercise of the right of withdrawal shall be accountable to Cristina only when they correspond to shipments initially destined to the territories of Spain, France and Italy. In the case of having hired a delivery method with a higher cost than the standard delivery method, in case of exercising the right of withdrawal the amount reimbursed will be equivalent to the standard delivery method. The customer must assume the costs of the return of the products and deliver the products to the address specified by Cristina at any time or to the following address: Calle Botánico Cavanilles 1 46010 Valencia.
If products do not arrive in perfect condition, Cristina reserves the right to charge a lower amount for your order, making up for the amounts that the user must pay for the breach of the obligations established here.
To exercise the right of withdrawal, the user must notify Cristina Omarrementería, at Valencia (46010), c/ Botánico Cavanilles 1, with telephone (+34) 687 966 703 and email cristinaomarrementeria@gmail.com your decision to desist from the purchase made, through an unequivocal statement, by letter sent by post, fax or email: Withdrawal Form
11.2.- DEFECTIVE OR DAMAGED PRODUCT DURING TRANSPORTATION
When the product has been damaged during transport it is essential that the user communicates it to Cristina on the day of receipt and signals it on the carrier’s delivery note.
Cristina will cover the shipping costs for the delivery and return of the product.
If the user wishes to return merchandise with a transport company different from the one proposed by Cristina and the transport company selected by the user charges higher rates, the user will assume the difference of the transport cost.
Before opening a product, the user must verify that the packaging matches what was requested (model, color, size, finish, etc.), making an immediate claim in case of any anomaly. If the user detects an anomaly before opening the product, Cristina requests that they do not break the seal nor open the packaging and, if possible, to write “accepted with reservations” on the delivery note and specify what is the issue.
In case the user is not satisfied with the status of the delivered products, they should immediately contact Cristina on: (+34) 687 966 703 or by email at cristinaomarrementeria@gmail.com and always within 24 hours from the receipt of the order.
12. Customer service
For any enquiries or incidents, the user contact Cristina on: (+34) 687 966 703 or by email at cristinaomarrementeria@gmail.com customer service by the phone or email indicated below and within the established business hours.
- Telephone: (+34) 687 966 703
- Address: Calle Botanico Cavanilles 1 46010 (Valencia, Spain).
- Hours of operation: Monday to Friday from 8:00 a.m to 9:00 p.m
- Email address: cristinaomarrementeria@gmail.com
13. Warranty
All our products are guaranteed at national level against manufacturing defects for 2 years, except for those which indicate otherwise.
The warranty is expressly invalid in the following cases:
a) Transport, accidents, improper uses and other damages not due to the normal use of the product by the customer once the goods are delivered. This guarantee only covers transport damages caused before the material is received.
b) Shipping of the product without the original packaging.
c) Burns, cuts, scuffs, creases, marks, scratches or other damage caused by animals or by improper use of the product.
d) Use or contact with chemical products (acids, solvents, dyes, paint, ammonia, lacquers or other hairdressing products...), treatment with cleaning products not indicated for the specific upholstery of the guaranteed product.
e) Colour deterioration due to exposure of the product to solar rays or other sources of heat.
f) Indirect damage and loss of any kind.
g) Personal and/or material damage, caused as a result of non-compliance by the user of the rules and instructions given by Cristina for the installation, use and maintenance of the product.
14. Force majeure
Cristina will not be liable for the total or partial non-compliance with the obligations arising from this contract or for the delay in carrying them out if said breach is due to a circumstance of force majeure, including general, territorial or sectoral strikes, flood, fire, etc.
15. Personal data protection
In compliance with the provisions in the Spanish Organic Law 3/2018 of the 5th of December and the EU Regulation 2016/679 of the European Parliament and of the Council on April 27th, 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of this data, and current applicable regulations at all times, we inform you that your personal data collected through this document will be treated and incorporated into a file owned by Cristina Omarrementería NIF 20214152Z
in order to comply with the existing commercial relationship between you and our company.
Personal data may be communicated to third parties without the consent of the owner thereof provided that this communication meets a need for the development, compliance and control of the commercial relationship, and/or is limited to the aforementioned purposes, in accordance with the current applicable regulations regarding this matter.
Accordingly, you expressly consent to your data being processed by NIF 20214152Z to fulfill the purposes previously indicated.
We inform you that you can exercise your access, rectification, cancellation, opposition, deletion, limitation of treatment and portability rights at any time at the registered office of the merchant indicated above or by sending an email to the following address cristinaomarrementeria@gmail.com.
16. Intellectual property
Cristina will retain all intellectual and industrial property rights, including rights to business secrets, relating to all blueprints, rules, paintings, diagrams, graphic material, photographs, design samples and other documents, either in electronic media, printed form, as pre-printing material or brochures that will be delivered to the user in the context of the manufacture, test, demonstration and commercialization of his products.
17. Nullity of a nullability and applicable law and jurisdiction
If any of the clauses of this contract is null, voidable, illegal or unlawful, and in the broadest interpretative sense allowed by law:
a) Such a statement will not invalidate the rest of the contract, which will maintain its validity and effectiveness.
b) The null or voidable clause or clauses must be replaced or preferably adjusted to be annulled.
These General Sale Conditions shall be governed or construed in accordance with Spanish law. Cristina and the user agree to expressly waive any other jurisdiction that could be applicable may and submit any dispute that may arise from the provision of the products or services subject to these General Sale Conditions, to the Courts and Tribunals of the location where the claimant resides. Furthermore, the consumer may choose the jurisdiction of the courts of the city of Valencia (Spain).
In compliance with the provisions of the EU Regulation nº 524/2013 of the European Parliament and of the Council, 21st of May of 2013, and with the 7/2017 Spanish Law, from the 2nd of November, here you’ll find a link to access the EU’s Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN