Legal Notice & Terms and Conditions

Legal Notice & Terms and Conditions (h1)

     Owner of the website: ALMORAIMA (Ms. Tatiana Romero-Haupold Caballero)

     Fiscal Identification Number (NIF): 44961934Q

     Address: C/ Molino de Papel 5D , 11500 - El Puerto de Santa María (Cádiz)

     Contact: info@almoraima.com

All rights reserved

 

A. Conditions for using, accessing and utilising the website

The user undertakes to use the web portal and services in accordance with the law, this legal notice, the specific conditions corresponding to certain services and to the generally accepted code of moral conduct and good practice and the principle of public order.

This website is offered under the condition that you fully accept the terms, conditions and notices contained in this legal notice. Use of this website shall constitute full acceptance of same.

Under no circumstances shall it be understood that access to and browsing of the web portal by the user implies the renunciation, transfer, licensing or cession - in full or in part - of any intellectual- and industrial-property rights on the part of ALMORAIMA.

You are not authorised to modify, copy, distribute, transfer, divulge, utilise, reproduce, publish, license, cede, sell or create derivative works based on the information, products or services that may be obtained via this web portal.

 

B. Links to third-party websites

This web portal provides users with mechanisms such as links, directories and other tools such as search functions, which enable them to access websites owned and/or managed by third parties. The sole purpose of installing said mechanisms is to facilitate users’ access to the information, content and services available on the Internet.

ALMORAIMA does not assume any responsibility in relation to the information contained on any third-party websites that may be accessed via links or searches from within our website. Notwithstanding the above, we undertake to remove links if we are notified of the existence of content that is illegal or harmful to third-party rights. Users themselves may notify ALMORAIMA of the existence of such content in the event that they come across it.

 

C. CONTENT

The information, software and/or products or services provided on this website may contain typographical errors, inaccuracies and inconsistencies, for which BUFETE VILARRUBI MATA, S.L.P. shall not be held liable. Nor shall it be held liable for any such errors found on third-party websites that users may access via the links provided in our web portal.

 

D. Illegal or prohibited uses of the web portal

Use of this website for illegal ends or for purposes that are not authorised under these terms, conditions and notices is strictly forbidden.

 

E. Modification of these terms and conditions

We reserve the right to modify the terms, conditions and notices on the basis of which this website is offered for use.

 

F. Intellectual property rights

The user hereby recognises and accepts that all rights to the content of this website belong to ALMORAIMA and that the modification, adaptation, publication, distribution, sale, lease and any other exercising of intellectual property rights in regard to same without the written consent of ALMORAIMA is therefore prohibited.

ALMORAIMAis the owner of the rights concerning the reproduction, distribution, publication and transformation of the elements comprising its web portal, or (where applicable) has been granted the corresponding authorisation for the use of same.

Under no circumstances shall ALMORAIMA be held liable for any infractions caused by any user of the web portal in this regard.

 

G. APPLICABLE LEGISLATION AND JURISDICTION

The relations arising from the provision of the services contained on this website are subject to Spanish legislation and jurisdiction.

For any problems or queries regarding this website, please contact ALMORAIMA by sending an e-mail to info@almoraima.com, by phoning our office at (0034) 956 547 022, or in writing to:

ALMORAIMA

C/ Molino de Papel, 5D

11500 El Puerto de Santa María, Cádiz

SPAIN

 

H. TERMS AND CONDITIONS

 

1. INTRODUCTION

We invite you to review the general conditions of sale that govern the offer and sale of Micuit products through the online store included on this website.

This document contains the Conditions that govern the use of this website, hosted under the domain www.almoraima.com, as well as any other that may be determined and the contract that binds us both, ALMORAIMA -you- and us, (hereinafter referred to as the "Conditions"). These Conditions establish the rights and responsibilities of all users (hereinafter referred to as "you"/"your") and of ALMORAIMA (hereinafter referred to as "us", "we" and "our") as regards browsing the website, acquiring the condition of User, the rights and responsibilities associated with said condition, as well as the commercial transactions and usage of services included in the same.

Please read the present Conditions and our “Privacy Declaration” carefully before clicking on “Authorize Payment” to complete your order. By using this website, you are bound to these Conditions, Privacy Policy and Legal Notice, so we recommend that you read these Conditions carefully. If you do not agree with them, you must leave the website.

These Conditions may be modified at any time, so you should read them before placing each order.

CONTACT: For any questions or suggestions, please send your comments by e-mail to: info@almoraima.com

 

2.USE OF OUR WEBSITE

These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms, having read them.

You agree that:

1. You may only use the website to make legitimate enquiries or orders.

2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary (see our Privacy Statement ).

4. If You do not give us all of the information that we need, we may not be able to complete your order.

By placing an order through the website, You warrant that You are at least 18 years old and are legally capable of entering into binding contracts.

 

3.HOW THE CONTRACT IS FORMED

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the "Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Shipment Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

 

4.AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.

 

5.ORDER PROCESS REFUSAL

We reserve ourselves the right to remove any Product from the website at any time, or to remove or modify any material and / or content of the same order. Although we do our possible to always process all the orders, there might be exceptional circumstances forcing us to withdraw any after sending the Order Confirmation, and we reserve the right to do so at any time, at our discretion.

We will not be responsible towards you or any other third party for removing any product from the website, whether it has been sold or not, for removing or modifying any material and / or content from the website, or for refusing to process an order once the Order confirmation has been sent.

 

6. RIGHT TO WITHDRAW FROM PURCHASE

If You are contracting / entering the contract as a consumer, you will have the right to withdraw from the Contract within 15 days from the time the Delivery confirmation is sent. In this case, you will be reimbursed for the price paid for your product(s), as per our Return Policy.

Your right to withdraw from the Contract will only be applicable to those products that are returned in the exact same conditions in which you received them. You will also need to include instructions, documentation and packaging of the products. There will be no refunds in case that the product has been used or has suffered any type of damage, so it is necessary to be careful with the product(s) while they are in your possession. 
Please treat the products with care while they are in your possession, and keep, as long as possible, all the boxes and original packaging in case you want to make a return.

This provision does not affect consumers' current legislation rights.

 

7. DELIVERY

Unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 30 days of the date of the Order confirmation.

Reasons for delay could include:

1.     Personalized products

2.     Specialized products

3.     Unforeseen circumstances

4.     Delivery area;

If for any reason whatsoever, we cannot meet the delivery date, You will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. Please note however, that we do not deliver on Saturdays or Sundays.

For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.

 

8. UNABLE TO DELIVER

If we are unable to deliver the goods we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how You can rearrange delivery. If You are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day. Please note that a new delivery could have an aditional cost.

 

9. RISK AND OWNERSHIP TRANSFER

The Products will be at your risk from the time of delivery.

Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 7 above), whichever is the later.

 

10. PRICE AND PAYMENT

While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.

We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.

The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide.

We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Other than as set in previous Clauses, changes will not affect orders in respect of which we have already sent an Order Confirmation.

Once You have finished shopping, all the items You wish to purchase will be added to your basket. Your next step will be to go through the checkout process and make payment.

1. Your data should be provided by one of the following options:

Option 1: If you're already registered, you must provide the user name and password.

Option 2: If you have not previously registered you must create an account on our website.

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2. Then click on "Continue" and fill in the form with your billing and shipping as clear as possible. Orders will be shipped to the delivery address you provide in your form, so it is important to pay special attention when filling the delivery address details.

Likewise, we emphasize that it is very important to provide with your order, a phone number where you are contactable to make delivery easier.

 

3. Once completed the order and before sending it, You can access the shopping summary, identifying /the purchased item/s , total price (including shipping and taxes) and delivery information. Check all data entered and complete the order accepting the conditions and clicking on the "Checkout”. If you have a promotion code, you must enter it at this time to take advantage of the applicable conditions.

 

4. Select a payment method: Visa, Visa Electron, Mastercard, American Express, Paypal. (See Payment Methods and Security)

 

Payment can be made by Visa, MasterCard and American Express ('Card(s) and PayPal. We use «CYBERPAC» to ensure payment is made safely and your Card details will be encrypted to minimize the possibility of unauthorized access or disclosure.

 

Authority for payment must be given at the time the order is made. By clicking “BUY NOW” You are confirming that the Card is yours.

 

If payment is made via PayPal the amount will be charged upon confirmation of your order.

 

Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.

 

11. VALUE ADDED TAX

According to current regulations, any purchase made through the website will be subject to Value Added Tax (VAT), except those bound for the Canary Islands, Ceuta and Melilla.

In this respect and in accordance with Chapter I of Title V of Directive 2006/112 of the Council of 28 November 2006 on the common system of VAT, the supply shall be deemed in the Member State that were on the e-delivery of goods, being the VAT at the prevailing rate in each Member State of destination of the items have been entered in each order.

Under the applicable regulations in each jurisdiction in the supply of goods made in certain member countries of the European Union to a recipient business or professional, could be applicable rule "taxpayer investment" (Article 194 of Directive 2006 / 112) that would not impact the VAT on ALMORAIMA, subject to the obligation of the recipient self-passed the tax payable in the transaction.

For orders destined for the Canary Islands, Ceuta and Melilla, the deliveries are exempt from VAT find application of Article 146 of the Directive, without prejudice to the application of taxes and tariffs in accordance with current regulations each of them.

 

12. EXCHANGES & RETURNS POLICY

Users may return any article they have purchased on www.almoraima.com provided that the reason is one of the following:

1. Article 44 of Law 7/1996, of 15 January on Retail Trade Regulation grants the Client the right to cancel an order placed within a period of 15 days from receipt of the order upon prior communication with ALMORAIMA within this period. The Client shall be refunded the price paid for the original product .

2. The Client may return an article purchased provided that the product has not been opened or used and the original seals or packaging have been kept. Refunds shall only be allowed if the product is in perfect condition with its original packaging and has not been used.

3. The whole order should be returned, including all accessories and the product’s original packaging. The product must be in perfect condition with its original packaging. In these cases, the Client must pay the direct cost of returning the article.

4. In accordance with legislation, articles that have been more than just opened cannot be returned, except in the case of damaged goods.

5. If the product is damaged, the Client may alternatively choose for the article to be exchanged within the aforementioned period of seven days.

6. Returns due to defects caused during transportation or a delivery error.

If it is obvious upon delivery that the goods delivered have been damaged during transportation or that the wrong goods have been delivered without having to open the packaging, the Client should record this error on the delivery note and inform ALMORAIMA by sending an email to info@almoraima.com or by telephone: (0034) 956 547 022. We shall tell the client what action to take within the 24 hours following receipt of the goods in order to return the product or products in question and receive an exchange or a refund for the same amount.

Defects that occur during transportation and which can only be seen once the product has been unwrapped should be reported within 24 hours of receiving the order as described above. The information provided should include the order number, a description of the damage to the product and a request for either an exchange or a refund. ALMORAIMA shall look at the product and will decide whether the client is entitled to an exchange. Refunds shall not be given on products that are not in the same condition as when received or which have been opened and used. The refund or exchange shall be made as soon as possible and always within the 30 days following the date on which we sent an email confirming that the faulty product would be refunded or exchanged.

In these cases, ALMORAIMA shall refund the purchase within a maximum period of 30 days from when the request for a refund was received from the user. The refund shall be made using the same payment method as was originally used, or via bank transfer to the account stated by the User.

7.Returns due to manufacturing defects: If there is a manufacturing defect, the article purchased may be returned provided that it has not been used and the original packaging has been kept. Refunds shall only be allowed if the product is still in its original packaging and has not been used.

The whole order should be returned, including all accessories and the product’s original packaging. Once the product has been received, ALMORAIMA shall look at it and will decide whether the client is entitled to an exchange. Refunds shall not be given on products that are not in the same condition as when received or which have been opened and used. The refund or exchange shall be made as soon as possible and always within the 30 days following the date on which we sent an email confirming that the faulty product would be refunded or exchanged.

If it is obvious upon delivery that a mistake has been made with the goods delivered without having to open the packaging, the Client should record this error on the delivery note and inform ALMORAIMA by sending an email to info@almoraima.com or by telephone +34 956 547 022 . We shall tell the client what action to take within the 24 hours following receipt of the goods in order to return the product or products in question and receive an exchange.

Manufacturing defects which can only be seen once the product has been unwrapped should be reported within 24 hours of receiving the order as described above. The information provided should include the order number, a description of the damage to the product and a request for either an exchange or refund.

If the returned product has sold out, the Client can choose to exchange it for another product of similar quality and price or they may request a refund.

In these cases, ALMORAIMA shall refund the purchase within a maximum period of 30 days from when the request for a refund was received from the User. The refund shall be made using the same payment method as was originally used, or via bank transfer to the account stated by the User.

 

13. LIABILITY AND DISCLAIMERS

Our liability in connection with any product purchased on our website will be strictly limited to the purchase price of such Product.

Nothing in these Purchase Terms shall exclude or limit our liability in any way:

1. In case of death or personal injury caused by our negligence;

2. In case of fraud or fraudulent misrepresentation, or

3. In any case which would be illegal or unlawful for us to exclude, restrict ourselves or attempt to exclude or limit our liability.

Notwithstanding the previous paragraph and as far as permitted by law, and unless these Conditions state otherwise, we will not accept any liability for consequential damages that occur as a side effect of the loss or major damage, arising in any way, and whether caused by tort (including negligence), breach of contract or otherwise, even if they could provide, including without limitation the following:

1. loss of revenue or sales

2. loss of business

3. loss of profits or loss of contracts

4. loss of anticipated savings

5. loss of data

6. loss of management time or office hours

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, unless it is expressly stated otherwise.

All product descriptions, information and materials contained on this website are provided "as is" and without implied or expressed warranties, nor any other warranties arising in any other way.

To the extent of what is possible as permitted by law, we disclaim ourselves of all warranties, except for those that cannot be lawfully excluded for consumers.

The provisions of this clause will not affect your statutory rights as a consumer, or your right to cancel the contract.

 

14. INTELLECTUAL PROPERTY AND COPYRIGHT

This Web Site is governed by Spanish law and is protected by national and international legislation on intellectual and industrial property.

All contents displayed on the Web and in particular, designs, text, audio, graphics, logos, databases, trade names, trademarks, or any other signs susceptible to industrial and commercial use are subject to intellectual property rights of ALMORAIMA or third party owners who have authorized their inclusion in the On-Line System. Its mere mention does not imply endorsement, sponsorship, or recommendation, right or liability of the Web on the same ones.

ALMORAIMA authorizes Users to use, view, print the Contents and / or elements on the website solely for your personal use, non-profit, resulting necessary consent of the owner of the rights in question, for any other use than expressly permitted.

Under no circumstances shall any license granted or waiver, transmission, transfer all or part of such rights or confer any right or expectation of law, and in particular, alteration, exploitation, reproduction, distribution or public communication these contents without the express permission of ALMORAIMA or owners concerned.

Any infringement of these rights may lead to civil court procedures or judicial or penal.

The website www.almoraima.com respects the intellectual property rights, industrial property and image rights of third parties, if you believe your legal rights are being violated in this page, please notify us at info@almoraima.com, referring the matter: "Infringement", sending us an email to info@almoraima.com.

Regardless of the route used to communicate such violation, there shall be forwarded:

Full name of the complainant.

ID of the complainant.

Your e-mail or postal address and telephone.

Identification of the content that is violating the rights or laws.

Location of the content on our portal.

Signed statement confirming that the information listed is correct and that is the owner or keeper of the content, or alternatively, have an authorization.

 

15. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, You accept that communication with us will be mainly electronic.

We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

16. NOTICES

We may give notice to You at either the e-mail or postal address You provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

 

17. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between You and us is binding on You and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.

 

18.EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action.

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

5. Impossibility of the use of public or private telecommunications networks.

6. The acts, decrees, legislation, regulations or restrictions of any government.

7. Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

20. SEVERABILITY

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

21. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.

Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.

Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

 

22. OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time.

You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority in which case it will apply to orders previously placed by You.

 

23. LAW AND JURISDICTION

Contracts for the purchase of products through our site will be governed by Spanish law.

Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.

If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.

 

24. FEEDBACK

We welcome your comments and feedback. Please send all feedback and comments to us via our web form.

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