1. Acceptance of the Terms and Conditions of the
A continuación se expone el documento contractual que regirá la contratación de servicios y productos a través del sitio web www.darial.com, propiedad de Darial Spain, S.L.U. (en adelante la Empresa). La aceptación del presente documento conlleva que el Usuario:
- Has read and understood what is stated herein.
- Is a person with sufficient capacity to enter into contract.
- Assumes and accepts without reservation the obligations stated herein.
These conditions are of an indefinite duration and shall apply to all contracting undertaken via the website.
These General Conditions of Use and Contracting of the website, together with any Particular Conditions that may be established, aim to place at the disposal of the User necessary information and to regulate any commercial relations that arise between the Company and Users of the website. The browsing, registration, use and contracting of any of the services or the purchase of products of the website imply acceptance as a User, without reservation of any class, of all these Conditions of Use and Contracting which, wherever applicable, regulate the rendering of services and the purchase of goods, as well as the Particular Conditions, should they exist.
The Company may at any moment and without prior notice modify these General Conditions of Use and Contracting and the Particular Conditions by publishing said modifications on the website in order for Users to become aware of them. Said modification will not affect the rendering of the services, goods or promotions that were already acquired by the User prior to the modification.
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You are advised to read these conditions carefully.
General contracting conditions
Identity of the contracting parties
The first party, the supplier of the goods and services contracted by the USER is Darial Spain, S.L.U., with registered address at C/ Ausias March, 37 bajos, 08010 Barcelona, Taxpayer Id. No. B66658741 and customer service telephone number +34 663 833 767
And the second party, the USER, registered on the website via a user name and password, over which it has full responsibility of use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the commercial relationship of sale and purchase created between the PROVIDER and the USER at the moment the latter ticks the corresponding box during the process of online contracting.
The contractual relationship of sale and purchase implies the delivery, in exchange for a specific price publicly displayed on the website, of a specific product or service.
The USER will choose a user name and a password, undertaking to make diligent use of the same and not to reveal them to third parties, and to notify the PROVIDER of the loss or theft of the same or any potential access by an unauthorised third party, in order for the latter to block them with immediate effect.
Once the user account has been created, you are hereby informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and E-Commerce (LSSICE), the contracting procedure will be as follows:
1. General contracting conditions
2. Delivery of orders.
3. Right to withdrawal.
5. Force majeure.
7. General aspects of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment method, expenses and discounts.
11. Purchasing procedure.
12. Applicable warranties.
13. Warranties and returns.
14. Applicable legislation and jurisdiction.
2. Definitions and identity of the
The company: Darial Spain, S.L.U. The information society services Company, in accordance with the LSSICE, and owner of the www.darial.com website.
User: Person who accesses the www.darial.com website, either directly or via other webpages or websites, and registers for the purpose of acquiring services or products.
General Contracting Conditions (GCC): these general contracting conditions which regulate the commercial relationship between the Company and the User.
Website: Made up of this webpage, in addition to any sub-domains or directories it may contain.
3. Identification of the parties
The first party, the supplier of the services or goods contracted by the User is the Company, with registered address at Ausias Marc, 37 bajos, 08010 Barcelona.
And the second party, the User, registered on the website via a user name and a password.
4. User Registration
The User may register on the website in the “Create Account” section (name, surname(s), postal address, e-mail, telephone number and date of birth). To do so, they must enter the personal data required as mandatory. Registration as a User will provide them access to the website, to the provision of services and the acquisition of products and commercial notifications.
The User will choose a user name and a password, undertaking to make diligent use of the same and not to reveal them to third parties, and to notify the Company of the loss or theft of the same or any potential access by an unauthorised third party, in order for the Company to block them with immediate effect. The User has full responsibility over their use and custody, and is responsible for the accuracy of the personal data registered.
The User shall not choose as a user name words that aim to confuse others by identifying the same as a member of the Company, or expressions that are offensive, libellous and in general contrary to law, moral obligations or good conduct.
5. Purpose of the contract
The purpose of this contract is to regulate the commercial relationship of the provision of services or sale and purchase created between the Company and the User at the moment the latter agrees to the purchase during the contracting process.
The contractual commercial relationship may imply:
- The purchase of a product, in exchange for a specific price publicly displayed on the website.
These General Conditions bind both parties and form an integral and inseparable part of the contract for the provision of services or sale and purchase. The efficacy of this contract comes into effect at the moment of subscription of an order at the request of the User, via the contracting mechanisms specified below, all of the foregoing in accordance with the provisions of art. 1.255 of the Civil Code, which sets out the principle of free will and the agreements between the contracting parties.
6. Information on services and products
The descriptions of the services and products offered in the portal are based on the breakdown offered on the website.
The photographs, graphic representations or iconographies and videos relating to the products, as well as the commercial names, trademarks or distinctive symbols of any class contained on the website aim to provide more information; however, the User should bear in mind that they serve as a guide and are therefore not exhaustive in nature.
It is necessary to inform the User that in some cases the images offered with the product description may not exactly match the product; in such cases the product description given in the purchasing file shall take precedence at all times.
7. Use of the portal and of its
El Usuario o terceros que utilizan el sitio, son responsables y se comprometen a:
- Respect the principle of good faith.
- Not publish content which manifestly incites hate, contempt or discrimination on the grounds of birth, race, gender, religion, nationality, opinion or any other personal or social circumstance.
- Not to breach rules, regulations, or act in an illegal manner, or use the information available via the website for unauthorised purposes.
- Respect the rights of third parties; intimacy, privacy, image, honour, publicity, and other contractual rights.
- Not to use the website to transmit, distribute, publish or send information about other persons or entities, including, photographs of third parties, personal contact information, credit, debit or calling cards, or account numbers.
- Not to obtain the personal contact information of another User without their prior consent.
- Not to pursue or harass or supplant other Users of the website.
- Not to use the website for commercial aims of any type, including, among others, advertising or marketing of services or products.
- Not to breach intellectual property rights.
- Not to publish, upload or transmit information or content which is false, deceptive, defamatory or illegal on to the website.
- Abstain from making false declarations, using personal information, or that of another type, without authorisation.
- Not to collect or store personal data concerning other Users without their consent, or to upload, publish, send via e-mail or transmit the personal information of other Users.
- Declare that they are of legal age, and when inserting images, that they are the author and have the right to publish them, and that they have been taken with the consent of the other people that appear in them, and in cases where minors appear, that the aforementioned consent has been provided in writing by their legal representatives and can be accredited at any moment.
- Assign without charge to the Company, on a non-exclusive basis, the rights of reproduction, distribution, transformation and public communication, in all formats, in relation to the contents sent (photographs, images with or without movement, texts, information, databases, sound recordings or any other works or provisions). The aforementioned assignment shall be made worldwide, for the current maximum duration envisaged in the Law on Intellectual Property and with express powers of assignment to third parties.
- Not to provide hyperlinks, URL links, graphic links or another direct connections to our website.
It is totally prohibited to:
- Use the data of third parties (including e-mail addresses). In particular, user must not provide the bank or credit card details of any third party.
- Provide personal information such as names, telephone and fax numbers, postal and e-mail addresses, files of photographs and videos and/or URLs without the consent of the respective third parties.
- Divulge material that is defamatory, offensive or any other type of illicit material and information of such a nature.
- Use services of any class and form which may have a negative influence on the availability of the offer to other Users.
- Intercept or attempt to intercept e-mail messages.
- Produce advertising for other portals.
- Send chain messages.
- Mention names, addresses, telephone or fax numbers, e-mail addresses, User names or other contact data of other messaging services or Internet services in the personal description.
- Provide or share user names and personal passwords with third parties.
Users or third parties who use the website are obliged to make good use of the portal and therefore not use it in bad faith, for any practice that is prohibited by law or rejected by mercantile practices. The Company is authorised in virtue of these General Conditions of Use and Contracting, from the moment it becomes reliably aware of any action or illicit use in general on the part of the User, to notify the competent authorities of such circumstances and cancel the User's account or restrict their access to the website. The User will be solely liable before any legal, judicial or extra-judicial claim or action initiated by third parties directly injured by the User before the Courts or other bodies, and shall assume all the expenses, costs and compensation which, wherever applicable, the Company may assume if the claim is directed against it. Furthermore, the Company shall collaborate with and notify the competent authority of such incidents from the moment it becomes reliably aware that the damage caused constitutes any class of illicit activity, especially in the sphere of content introduced by the User that may breach the rights or legitimate interests of the Company or third parties.
In virtue of the contract, the company will only be liable for damages to the User which the Company has caused intentionally or due to gross negligence, owing to a breach which arises as a consequence of the breach of an obligation. In other cases, the Company will be fully released of any liability.
The User will release the Company of any liability and of any obligations, claims and expenses derived from the inappropriate conduct of the User, such as, for example, defamation, libel, violation of personal rights, breach of intellectual property or other third-party rights or losses of service caused to other Users.
The User is responsible for the content of their registration and therefore solely responsible for the information they provide about themselves and their activities, and also guarantees that the data indicated are true and describe them personally. The parties of the contract agree that the Company has the right, but not the obligation, to verify the accuracy of the data indicated.
The Company does not supervise or check the information provided by the User, share the content, comments or opinions, check the images, have effective knowledge of the lawfulness of the activity or information inserted by the User, and is not liable for the economic or reputational loss that may be caused by use of the website. Consequently, it assumes no form of liability, or damages, direct or indirect, for any class of acts carried out by the User or third parties.
The Company does not accept responsibility, nor can it provide any guarantee, concerning the veracity, information and content of the data supplied by the User, or stored in forums, social networks or any other medium. However, it undertakes to remove, modify or delete the incorrect information of Users in cases where it becomes aware of this.
The Company is not liable for service failures, for example, owing to necessary maintenance work, force majeure or technical Internet failures. It also releases itself of all liability owing to technical incidents or failures that occur when the User connects to the Internet.
The Company limits its liability to the sum charged to the User, with the exclusion of liability for indirect damages or loss of earnings. By registering, the User accepts the consequences and releases the Company of any liability for any information captured or indexed in remote search engines during or following withdrawal from the website.
9. Relations with third parties
The Company is not responsible for any contacts, relations and interactions that occur between Users, advertisers and third parties. It does not conduct any form of selection, investigation, study of criminal records, conduct, financial or asset status, nor is it in a position to verify the identity of Users. It is its responsibility to interact with other Users of the website. The Company may, wherever applicable, review the e-mail and chat messages they may send to other Users of the website which are not accessible to the general public, in order to verify compliance with the General Conditions of Use and Contracting of the website, although it will treat them as private, insofar as it is required by the applicable legislation. Under no circumstances will it be liable for damages of any class, whether direct, indirect, general, special, compensatory, emerging, punitive or incidental, which arise as a consequence of or in relation to its conduct or that of any other person through use of the site, including, among others, physical, psychological or moral injury, or that relating to image or any other nature, or injury which occurs as a result of communications or meetings with other Users of the website or with persons it meets through the website. It is not liable for the use which other persons make of the information the User provides, or to monitor it, therefore Users should be cautious when choosing the personal information they share with others via the website. The Company assumes no liability for and is unaware of the content of the messages sent by other Users of the website. The User declares and accepts that the Company is not liable for the relations, ties and conversations that may occur between Users and third parties that make use of the website.
The price of each service and product will be the one stipulated at any given moment on our website, except in the case of clear error. If an error is discovered in the price of any of the services or products contracted, you will be contacted as soon as possible and given the option to reconfirm your order at the correct price or cancel it.
The prices may change at any moment, however (except in the case established above) any potential changes will not affect the orders for which confirmation has already been sent.
The prices indicated for each service or product include Value Added Tax (VAT) and any other taxes that may be applicable, and will be expressed in euros in all cases. Unless stated otherwise, the prices do not include the cost of delivery, handling, packaging, transport insurance or any other additional or ancillary services to the purchased service or product. The price of the service or product, the applicable taxes and the delivery expenses will appear itemised at the moment of purchase, in order for the User to know exactly the corresponding price of each one.
The prices applicable to each service and product will be the ones published on the website and automatically applied through the contracting process during the last stage of the same. In all cases this will be notified to Users in advance.
For any information concerning the order, the User may contact the Customer Service of the Company at the following e-mail address: email@example.com or by ordinary mail.
The Company reserves the right to modify its prices at any time. The services and products will be invoiced at the current price at the moment of purchase, except in the case of clear typing error.
11. Offer and acceptance
The contracting procedure and the pre-contractual information is in Spanish and optionally in English and said language will be the one used to execute the contracting. In cases where it is executed in another language, this will be indicated prior to commencing the contracting procedure.
In order to access the products offered by the Company and contract or purchase via the website, the User must register by creating a User account. To do so, the User must freely and voluntarily provide the required personal data.
Once the User account has been created, they will be informed of the contracting procedure, in accordance with art. 27 of Law 34/2002 on Information Society Services and E-Commerce, which will adopt the following stages:
- Click on the “Shopping Basket” button in the top right area of the page.
- Click on the “contract/purchase” button. On this screen you will see a summary of the shopping basket with the selected services and products, price, taxes, delivery expenses (if applicable) and insurance (if applicable). You can delete any service or product if you wish by clicking on the delete option.
- If you are in agreement with the selected services and products, click on the "purchase” button and proceed to the “payment" section, complete the billing information, the delivery information (if applicable) and the payment method.
- Confirm and accept the General Conditions of Use and Contracting that regulate the contracting entered into.
- Payment. Enter the required data for your chosen payment method, click on “Confirm order”, enter your card details or PayPal data and your purchase will be completed.
12. Payment methods
The payment methods offered are stated on the website during the payment procedure:
If your payment method is by bank card, by clicking on "purchase” and proceeding to “payment" you are confirming that the credit card is yours.
Credit cards will be subject to checks and authorisations by the card issuer. If said entity does not authorise the payment, the Company shall not be liable for any delay or non-delivery and will not be able to formalise any contract with the User.
The Company will send to the e-mail address of the User, within a period of twenty-four hours (24 hours – working/public holiday calendar) following the placement of the order, a receipt of acknowledgement e-mail and confirmation of the contracting/purchase made. The contracting of services, the product order and, therefore the contract will be deemed formalised and finalised at the moment payment of the price is received by the Company.
13. Payment of services and products
Payment of the price of the services and products acquired via the website is made at the moment of purchase and the Company will send a confirmation e-mail of the contracting/purchase made.
The User must notify the Company, by e-mail or telephone, of any unauthorised or fraudulent charge on the card used for purchases on the website, as soon as possible, so that the Company can take the appropriate measures.
Furthermore, the Company declares that it does not have access to and does not store sensitive data relative to the payment method used by the User, other than what is strictly necessary for managing the payment. Only the corresponding processing financial institution has access to such data for the management of payments and collections.
The Company reserves the right to cancel orders in the cases and in accordance with the terms and conditions indicated in the “Payment of Products” section of these Conditions of Use and Contracting.
Invoice. The Company will issue an invoice, which it will send to the e-mail address of the User, if the latter expressly requests one.
The invoice will be issued in the name of the person placing the order, therefore the User must make sure that they state the correct and complete purchaser information. Subsequent modifications will not be possible. For the issue of the invoice, it is a prerequisite that the User has provided the necessary information. In cases where the recipient of the invoice is different to the cardholder, this must be requested from the Company in writing at firstname.lastname@example.org
In order to preserve the confidentiality of data, the Company hereby states that it will only issue invoice duplicates to the Company stated on the contract. It will not issue duplicates to third parties. The Company will not send invoice duplicates by fax or post.
14. Delivery, ownership and risk
4.1. The location and the delivery date of the Product and/or Services will be indicated on the order confirmation. If the indicated delivery date cannot be fulfilled, the Company will notify you of an alternative delivery date. If delivery does not take place within 30 days from the initial date of your order, unless the Customer has agreed to delivery beyond this period or has agreed to a delivery period in excess of 30 days, customer may cancel the order at no cost and obtain a full refund.
It is important to inspect the Product at the time of delivery. If you discover that something in relation to your order has not been delivered, is incorrect or damaged, you must notify the Company immediately in writing or by e-mail.
The Customer acquires ownership of the Product when the Company receives full payment. If you breach the General Conditions, the Company will be entitled to recover the products it has supplied you.
Your right to withdrawal of the order shall not apply in the case of tailor-made, personalised or ordered products once the Company has accepted the order (by way of example, tailor-made garments, orders of special raw materials, taking of measurements, preparation of patterns, designs, reservation of spaces, etc.).
In order to exercise your right to withdrawal, you must notify the Company of your intention to withdraw from the order. The Company will provide you with an address and a return number, which must be clearly stated on the packaged product being returned, and will be responsible for collecting the product within a reasonable period of time. You must return the product in its entirety and its original condition. You will be responsible for the transport costs for the return of goods. The Company will refund the price of the products, deducting the transport costs for their return, within 30 days of receiving the products. The Customer is responsible for the Product while it is in their possession and the Company will not refund the price in cases where products are not returned or are returned in a condition unsuitable for their subsequent sale, or which have been damaged while in customer possession. Returns of cosmetics, facial and beauty products whose seal has been broken will not be accepted. Returns of underwear or deteriorated products will not be accepted.
16. Intellectual property
The User acknowledges and agrees not to undertake any activity which breaches (including but not limited to) copyright, trademarks, logos, texts, photographs, icons, images, etc., in addition to graphic design, source code, intellectual property rights, or materials or content which are provided as part of the website, whether owned by the Company or third parties.
The public information contained on the website of the Company referring to the company, in addition to trademarks, products, logos, etc. owned by third parties are protected by the legal provisions regulating intellectual and industrial property, and therefore copying, transmission, assignment, transfer or use by the User other than for the purpose of advertising its virtual publication is prohibited, unless they have the express consent of the Company or the third-party owner.
17. Viruses, piracy and other computer attacks
The User undertakes not to make inappropriate use of this website through the deliberate introduction on the same of viruses, trojans, computer worms, logic bombs or any other technologically harmful or damaging programme or material. User will not attempt to gain unauthorised access to this website, to the server in which said website is housed, or the computer or database related to our website.
Breach of this clause may entail the commission of offences defined as a crime or an offence by the applicable legislation. We will notify any breach of said legislation to the competent authorities and we will cooperate with them to discover the identity of the attacker. Furthermore, in the case of breach of this clause, you will immediately cease to be authorised to use this website.
The Company is not liable for any damages resulting from an attack which disables the service, viruses or any other technologically harmful or damaging programme or material which may affect your computer, data or materials as a consequence of the use of this website or the download of content of the same or websites which it may redirect to.
The Company shall not be liable for any stoppages that occur to electrical or telecommunications services which prevent Users from utilising the services offered.
18. Applicable legislation and jurisdiction
These General Conditions are regulated by Spanish legislation. Specifically, they are subject to the provisions of the following laws: Law 7/1988, of 13 April, on General Contracting Conditions; Legislative Royal Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws; Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights; Law 7/1996, of 15 January, on the Regulation of Retail Commerce; Law 34/2002, of 11 July, on Information Society Services and E-Commerce; Law 16/2009, of 13 November, on payment services; and any other law that develops or amends those laws.
In the event of any dispute or disagreement derived from the purchase of products or services via the website and from these General Conditions and for the resolution of any conflict, the parties agree to submit to the Courts of Barcelona, except where any other jurisdiction corresponds to them by law.