TERMS OF SALE

Law 34/2002  OF 11 JULY, ON INFORMATION SOCIETY SERVICES AND ELECTRONIC COMMERCE

 These Terms of Sale pertain to the general terms of sale of D.PONS ALGENDAR, S.L.U.  with Reg. no. CIF B57479909 to natural or juridical persons (hereinafter, THE CLIENT via the Internet, more concretely, through its website www.dponsparfums.com  (hereinafter, the Website).

  1.    Information prior to any purchase transaction, Terms of Sale availability, acceptance of the General Terms of Sale, information subsequent to any purchase transaction. 

These General Terms of Sale are stated  in the Website allowing all users to save, file or print them in order to be informed about the price conditions, characteristics, rights and, in general, about all terms of sale.

 

Furthermore, these General Terms of Sale are reiterated with a summary of the specific purchase transaction (specific purchase transaction, cost and taxes, shipping costs, etc.) for the express agreement of the client by clicking on “I accept the General Terms of Sale ofD.PONS ALGENDAR, S.L.U.every time THE CLIENT executes any purchase transaction through our Website.

 

It is not technically possible that THE CLIENT executes the purchase transaction without accepting these General Terms of Sale. In order to be able to accept and, therefore, execute the purchase transaction, you must have filled the required information fields.

 

These General Conditions as well as the purchase execution carried out via Internet by THE CLIENT (Specific Terms) imply the formalization of the Purchase Agreement between D.PONS ALGENDAR, S.L.U.and THE CLIENT, who declares to be of legal age and to have the capacity to read, understand and accept these conditions.

 

All the documentation mentioned above can be printed and stored by THE CLIENT and it can be requested in writing at any time to D.PONS ALGENDAR, S.L.U. with registered office to Camí de Sant Patrici, Parcela 3 Nave B FERRERIES 07750, MENORCA (ESPAÑA) or via e-mail to info@dponsparfums.com

 

2.- Object of the contract.

It is the object of this contract to regulate the purchase and sale of products from D.PONS ALGENDAR, S.L.U. to THE CLIENT through the website www.dponsparfums.com, as well as the execution of promotion and marketing, including electronic commercial communications, of products of D.PONS ALGENDAR, S.L.U.

 

3.- Rights and liabilities of D.Pons Algendar, S.L.U.

 

3.1.- Processing on-line orders. D.PONS ALGENDAR, S.L.U. is committed to process all the orders placed with all convenient dispatch depending on stock and staff availability. The delay in service due to the aforementioned reasons is not a cause for compensation.

 

3.2.- Liability of D.PONS ALGENDAR, S.L.U.- D.PONS ALGENDAR, S.L.U. will not be liable for:

 

3.2.1.-  Mistakes and delays of THE CLIENT while introducing their personal information in the online order form, slow delivery or the impossibility of receipt by the consignee or any anomaly that may arise due to the malfunction of telecommunication networks as well as other events beyond our reasonable control. In any case, D.PONS ALGENDAR, S.L.U. commits to try to resolve any problems that may arise and offer all the necessary support to our CLIENTS in order to succeed in resolving the problem quickly and efficiently.

 

3.2.2.- Mistakes or damages made due to inappropriate use or fraud by THE CLIENT.

 

3.2.3.- Lack of operational capacity of the contact information and e-mail address provided by the client for confirmation and delivery.

 

3.2.4.- THE CLIENT expressly renounces to demand any contractual or extracontractual liability for any  damage or loss derivate from the aforementioned points in this clause.

 

4.- Rights and liabilities of the client

4.1.- Payment.- THE CLIENT is committed to pay in advance for the product ordered in the amount and form below: 

 

4.1.1.- Amount.- The remuneration for the service ordered by THE CLIENT will be established on the Website every time; these orders will determine the particular conditions of the concrete order.

 

In addition to the price indicated on the Website for each of the products, the client must pay for the delivery costs, established and indicated to the client unless the shipping is free, in which case the client will be fully informed.

 

D.PONS ALGENDAR, S.L.U. will always notify of the total itemized bill of both the products and the shipping costs to THE CLIENT before the confirmation of the order by THE CLIENT.

 

4.1.2.- Payment methods.- The client will pay for the amount corresponding to the service requested via: bank transfer, credit card or Paypal.

 

4.2.- Liability of THE CLIENT/USER/CONTRACTING PART.- In any case, THE CLIENT will be liable for:

 

4.2.1.- THE CLIENT will bear any risks for product deterioration, damage and loss from the moment they are delivered by the third party who, on account of D.PONS ALGENDAR, S.L, delivers the products requested and the client signs the authorisation of the delivery, this signature implies the acceptance of having received the order in good condition. 

 

4.2.2.- THE CLIENT commits to check that the order is in good condition at the moment of delivery, before THE CLIENT signs the delivery receipt.

   

4.3. – Refund policy-Right of withdrawal. According to de Spanish Legislative Decree 1/2007, of 16th

November, which accepts the consolidated text of the Spanish General Law for de Defence of Consumers and Users, there will be a period of 30 days from the reception date of the products by THE CLIENT (unless such articles, because of their nature, cannot be returned, in which case, the client would be informed in the order form prior to the definitive validation). Despite the aforementioned points, no refund will apply if the product is open, unsealed, used or damaged by THE CLIENT. Excepting if the products are defective or not the correct ones, the shipping costs of returns will be taken over by THE CLIENT. In order to return the product, THE CLIENT will use the following refund form:

 

Withdrawal form

THE CLIENT must fill, sign and send this form to: D.PONS ALGENDAR, S.L.U., Camí de Sant Patrici, Parcela 3 Nave B, 07750 – Ferreries (Menorca) ESPAÑA


I proceed with the return of the following products in exercise of my right of withdrawal:


________________________________________________


Reason

­­­­­­­­­­­­­­­­­­­
________________________________________________


Purchase date:


____/____________/_______


Reception date:


____/____________/_______


Name of the client:


________________________________________________


Adress of the client:


________________________________________________


Contact information (Phone number or e-mail):


________________________________________________


Date: ________________


Signature of the client: ________________

 

 

5.- Resolution of the contract

D.PONS ALGENDAR, S.L.U. and THE CLIENT can rescind the contract for any of the reasons established by the Law and, in particular, for the non-compliance of these General Terms of Sale.

 

6.- Copyright and Trademark

D.PONS ALGENDAR, S.L.U. informs that the Website, its content, programming and design are fully protected by copyright and any reproduction, communication, distribution and transformation of the aforementioned elements is prohibited with the exception of express prior agreement. 

 

7.- Data protection

In accordance with the Spanish Law 15/1999 of personal data protection, we inform you that all the data provided will be stored in files held by D.PONS ALGENDAR, S.L.U. in order to process your order, give you access to special content on our Website and to send promotions and information about our products, including by electronic means, service which you expressly accept. You may exercise your rights to access, amend, cancel and oppose by contacting us to D.PONS ALGENDAR, S.LU., Camí de Sant Patrici, Parcela 3 Nave B – 07750 Ferreries (Menorca) ESPAÑA.

                                                                                 

8.- Jurisdiction and Applicable Law

 

These General Terms of Sale are regulated by the Spanish Law. In order to resolve any dispute of conflict regarding the purchase of products on this Website, the parties agree to submit to the Courts and the Tribunals of Mahón, except THE CLIENT who will submit to the Tribunal where THE CLIENT resides.

 

9.- Provided that any clause of this document is declared void, the rest of clauses will remain valid and shall be interpreted taking into account the will of the parties and the purpose of these General Terms of Sale. D.PONS ALGENDAR, S.L.U. may not exercise some of the rights and powers granted in this document, which will not imply any waiver except in the case of express consent on the part of D.PONS ALGENDAR, S.L.U.

 

LEGAL DISCLAIMER AND TERMS OF SALE

 

This Legal Disclaimer provides information about who we are and the legal terms and conditions that may apply to the use of clients and other users of D.PONS ALGENDAR, S.L.U. By using this Website, you confirm that you agree to this Website terms and conditions in their entirety.

D.PONS ALGENDAR, S.L.U. reserves the unilateral right to modify the terms of use as well as the content or the legal terms and conditions present in this document.

The Website’s services and the present terms of use are governed by the Spanish Law.

 

1. Information about : D.PONS ALGENDAR, S.L.U.

Our website www.dponsparfums.com, is a domain owned and operated by D.PONS ALGENDAR, S.L.U., a company  registered in the Mercantile Registry of Menorca, Volume 109, Sheet IM-4918, Page 191, Entry 2, with Tax Identification Card B57479909 and address in Camí de Sant Patrici, Parcela 3 Nave B, FERRERIES 07750 (MENORCA) ESPAÑA. You can contact us:

Via phone number:

Via e-mail: info@dponsparfums.com

 

2. Privacy and Cookie Policy

Please note that when you use this Website you agree to this Website Privacy and Cookie Policy. These conditions are part of the present terms of use and you can view them clicking on the links at the bottom of the Website.

3. Limitation of Liability

The contents of this page have an informative character. D.PONS ALGENDAR, S.L.U. will not be liable for any content published without its authorization, nor be responsible for inaccurate use of this content by third parties. D.PONS ALGENDAR, S.L.U. reserves the right to update, amend, remove or block any content either temporarily or definitively.

Users acknowledge that D.PONS ALGENDAR, S.L.U. does not warrant that the functions available on our Website will be uninterrupted because of the malfunction of the server, communication, other applications, software or hardware.

This Website may include technical linking devices, directories and even search tools that allow users to access other sites. D.PONS ALGENDAR, S.L.U. makes no warranties for hyperlinks to third party websites and declines any responsibility for the access and use of any of the links available on this Website.

4. Use of the portal

www.dponsparfums.com  provides access to many information, services, programs or data (hereinafter "contents") on the Internet belonging to D.PONS Algendar, SLU or its licensors to which the user can access.

The user assumes responsibility for the use of the site. This responsibility extends to the recording necessary to access certain services or content. When registering, you will be responsible for providing true and lawful information. As a result of this registration, the user can be provided a password he'll be responsible for, pledging to make a diligent and confidential use of it.

The user agrees to make appropriate use of contents and services that D.PONS Algendar, SLU offers through its website and by way of example but not limited to, refraining from (i) engaging in illicit, illegal or contrary to good faith and public order activities; (ii) spreading contents or propaganda of racist, xenophobic, pornographic, apology of terrorism or against human rights kind; (iii) causing damage to physical and logical systems of D.PONS Algendar, SLU and the ones of its suppliers or third parties, introducing or spreading on the network computer viruses or any other hardware or software capable of causing the aforementioned damage; (iv) attempting to access and, when applicable, use the email accounts of other users and modify or manipulate their messages.

The user assumes responsibility for the content of his contributions (texts, photos, URL links, etc.) that he sends to D.PONS Algendar, SLU, to give away to a third party.

D.PONS Algendar, S.L.U. reserves the right to remove any comments and contributions that violate respect to human dignity, which are discriminatory, xenophobic, racist, pornographic, which go against youth or childhood, order or public safety or, in its opinion, are not suitable for publication. In any case, D.PONS Algendar , S.L.U. is not responsible for the opinions expressed by users through forums, chats, or other participatory collaboration tools .

 

5. Intellectual and Industrial Property Rights

All the Website, including: texts, images, trademarks, logotypes, video and audio files, buttons, combination of colours, software files as well as the structure, selection, and presentation of its content are protected by the Spanish Law and the International Law about intellectual and industrial property rights.  

Unless otherwise stated, all intellectual property rights of all this  Website content are owned exclusively by D.PONS ALGENDAR, S.L.U.

 

Clients agree that the use of the Website content other than for personal non-commercial use is prohibited without the permission of D.PONS ALGENDAR, S.L.U. and infringes intellectual property rights.

Users are obliged to use the Website content in a diligent, proper and lawful manner, and agree to refrain from deleting, evading, or manipulating copyright and other data owned by D.PONS ALGENDAR, S.L.U., or any other third parties linked to it, as well as any other protection technical devices.

 

Furthermore, users will refrain from using the Website content and, particularly, any information obtained through this Website with commercial purposes and, in particular, for ending advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages or addressed to a number of people, or to sell or otherwise disclose such information without the authorisation of D.PONS ALGENDAR, S.L.U.

 

This domain is registered by D.PONS ALGENDAR, S.L.U. It cannot be used, without the prior express authorisation of D.PONS ALGENDAR, S.L.U., in connection with other products or services which are not owned by D.PONS ALGENDAR, S.L.U. or in a manner that can confuse our clients or undermine D.PONS ALGENDAR, S.L.U.



 6. Links to the Website

If any user, organization or website wants to insert any kind of link to www.dponsparfums.com, they must adhere to the following conditions:

The link must be complete, that is, it must redirect users to the own D.PONS ALGENDAR, S.L.U. website address and must cover all the screen of the homepage. Under no circumstances, unless prior express written authorisation of D.PONS ALGENDAR, S.L.U., the website that links will reproduce any content of D.PONS ALGENDAR, S.L.U., or include it as part of their own website.

No false, imprecise or incorrect statement about this Website or its service will be included.

 The link (except the signs which are part of the hyperlink to the page) will not contain any trademark, trade name, our stores sign, name, logotype, slogan or other distinctive signs owned by D.PONS ALGENDAR, S.L.U.

Under no circumstances will D.PONS ALGENDAR, S.L.U. be liable for the content or services available on the website from which the hyperlink has been inserted.



7. Changes to the terms of use, legal disclaimer and privacy policy

D.PONS ALGENDAR, S.L.U. reserves the unilateral right to modify the Terms of Use, Legal Disclaimer, and Privacy Policy of this Website from time to time and we recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website.



8. Prevalence of Spanish version

If the Legal Disclaimer is translated to other languages, in case of divergence, the Spanish version will prevail over the other versions.



9. Security recommendation

In order to ensure your security while surfing the Internet, we give you the following recommendations:

  • Do not open e-mails from people you don’t know or their attachments, because they may include viruses or malware.
  • A lot of e-mail programs include solid SPAM filters.
  • Install an antivirus program and keep it up-to-date.
  • Don’t give personal data to web pages that you do not trust. Financial data (credit card number, etc.) must be provided solely in secure web pages with Hypertext Transfer Protocol Secure (HTTPS).
  • Do not use passwords which are easy to guess. Do not reuse passwords for different websites. Do not save your passwords in files in your computer.
  • Keep your software up-to-date as new patches are often released to fix existing vulnerabilities in software.
  • Keep your browser software up-to-date as well (this includes browser, e-mail, clients and messaging).
  • Install firewall software in order to prevent a virus attack.
  • Back up regularly your computer and store the important data on external devices (CD, pen drive, etc.).