TERMS OF USE

This document (together with the documents mentioned in it) establishes the conditions governing the use of this website and the purchase of products on it. These General Contract Conditions (hereinafter, the Conditions of Use) regulate the relationships between Internet Users (hereinafter, the User or Users) and INÉS MARTIN ALCALDE DESIGNS, S.L. (Custom made brides) and BLASA Y TOMASA, S.L. (Collection Ready to wear), domiciled at: C/ CLAUDIO COELLO N.º 32 1º INTERIOR IZQUIERDA, CP 28001, MADRID (Madrid), registered in the Commercial Registry of Madrid in volume 34352, folio 40, entry 1 with page M-617911, with contact email web@inesmartinalcalde.comand with CIF: B87475265 (Custom Made Brides), B88639109 (Prêt-à-Porter Collection), (hereinafter, THE COMPANY) regarding access to the services offered in the Private Area of its Platform (hereinafter, THE WEBSITE).

The Conditions of Use set out here are applicable to all forms of access made to the website, including the Internet, via mobile or any other device and will be applied jointly with the Privacy Policy and the Cookies Policy. and any other document that regulates aspects of the website, without one taking precedence over the other.

The website allows the promotion and acquisition of its wedding dresses, guest clothes, party clothes and accessories through online platforms and in its atelier.

1. FORMALIZATION AND CONSENT

Access by Users to the website is free. However, to access certain services on the Website, registration and the creation of a User Profile is necessary. This registration on the website constitutes the formalization of a contract with THE COMPANY and is subject to prior express acceptance of all the Conditions of Use in force at all times. The contract is binding on both the User and THE COMPANY, successors, assigns and assigns. The User may not transmit, assign, encumber, subcontract or in any other way transfer a Contract, or any of the rights or obligations derived from it in favor of THE COMPANY.

If any User does not agree with the content or part of the content of these Conditions of Use, they will not be able to register on the website, and will not be able to access or use the services offered therein and will only be able to browse the Website. The User must carefully read these Conditions of Use every time they access or use any service through the website, as they may be modified.

THE COMPANY reserves the right to deny at any time, without prior notice and without the right to compensation, access to the website, as well as registration to those Users who fail to comply with these Conditions of Use and/or any other of its Policies, and may delete the Profile of the offending User.

The User declares and guarantees that he or she is of legal age and has sufficient legal capacity to contract and participate in the services offered through the Website and be bound by the Conditions of Use. Likewise, the User declares that all the information provided is true, accurate, current and complete. Likewise, you expressly accept and without exceptions that access and use of the Website and its contents takes place under your sole and exclusive responsibility.

THE COMPANY reserves the right to make, without prior notice, the changes and modifications it deems appropriate to the Website and these Conditions of Use. THE COMPANY will notify Users of substantial changes to these Conditions of Use, either by sending a notice to the email address that Users have provided or by placing a notice on the website

The information contained in these Conditions and the details contained on the Website do not constitute an offer to sell, but rather a proposal to enter into a contractual agreement. There will be no contract between the User and THE COMPANY in relation to any product until your order has been expressly accepted by THE COMPANY. If your offer is not accepted and a charge has already been made to your account, the amount will be refunded in full.

To place an order, the User must follow the online purchase procedure and confirm payment. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). This action will not mean in any case the acceptance of the order. All orders are subject to our acceptance, of which you will be informed through an email in which we confirm that the product is being sent (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formed when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any product that may have been ordered until we confirm its shipment to you in a Shipping Confirmation. 

2. REGISTRATION AND USER PROFILE

When the User registers by completing the Registration Form, they acknowledge that they have been aware of the entire content of these Conditions of Use and expressly declare that they accept them. When Users register on the website, as well as when they make a purchase or make an appointment reservation, they will receive a confirmation email.

Each User may only have one User Profile on the Website and will have full responsibility for the use of their User account. Consequently, Users will be responsible for the adequate custody and confidentiality of the User name and any password that allows access to their account and undertake not to transfer its use to third parties, whether temporary or permanent, nor to allow their use. access to outsiders. The Users will be responsible for the illicit use of the Website by any illegitimate third party that uses a password due to non-diligent use or loss of it by the User.

 

The User has the obligation to immediately notify THE COMPANY of any event that entails improper use of his or her User name or password, through the email web@inesmartinalcalde.com, such as loss or unauthorized access to the same in order to proceed to their immediate cancellation as soon as you become aware of the improper use of your User Account.

As long as such facts are not communicated, THE COMPANY will be exempt from any liability that may arise from the improper use of User names or passwords by unauthorized third parties.

 

By using this website and/or placing orders through it, the User agrees to:

1. Use the website only to make legally valid inquiries or orders.
2. Do not place any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, THE COMPANY will be authorized to proceed with its cancellation and inform the relevant authorities.
3. Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. Likewise, the User consents that THE COMPANY may use said information to contact you if necessary (see Privacy Policy).
4. If you do not provide the necessary information THE COMPANY will not be able to process your order.
5. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

 

3. PRICES AND PAYMENT METHODS

 

Obligation to inform that there is a payment obligation

The prices of the products and services on the Website will depend on the garment or service and the available options indicated on the Website at any given time and according to existing availability; Therefore, Users are informed and are aware that the use of the services and products of THE COMPANY Website implies an obligation to pay.

This condition will not be carried out in cases of manifest error in the price of a product. The user will be informed as soon as possible and as a solution will be given the option to reconfirm their order at the correct price or cancel it. In the event that THE COMPANY is not able to contact the user, the order will be canceled and the amounts that have been paid will be fully refunded.

We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the price error is obvious and unambiguous and could reasonably be recognized by you as an incorrect price.

THE COMPANY reserves the right to change prices on the Website; these possible changes will affect those orders placed with a Shipping Confirmation.

 

Payments can be made through a Visa or Mastercard Card. Users will have the option to store their payment details for use in future purchases. Credit cards will be subject to verification and authorization by the issuing entity, but if said entity does not authorize payment, THE COMPANY will not be responsible in the event of delay or lack of delivery and therefore a payment cannot be formalized. Contract between THE COMPANY and the USER.

Where applicable, Users must accept the conditions and policies that may be applicable by said third parties and without this assumption implying responsibility for the linked content on the part of THE COMPANY. Therefore, THE COMPANY is exonerated from all liability in relation to the conditions and/or policies of these third parties against any claims of any nature and demands that may be filed in relation to them.

 

Obligation to report on billing by electronic means

 

Users expressly accept that billing information is provided remotely and electronically, so they must keep the email sent to them with the purchase confirmation. The billing carried out cannot be modified later, since the invoices will be issued in the name of the User who actually made the contract, and duplicate invoices cannot be issued to send to third parties.

 

The prices of the services and products on the website are final prices, including the Value Added Tax (VAT) applicable at the time of purchase, as well as costs if shipping is within the Peninsula. The prices expressly exclude shipping costs outside the Peninsula, which will be added to the total amount due as set out in our Shipping guide. Users who contract outside of Spain will be charged the prices indicated on the website with taxes, fees and/or costs depending on the territory from which the payment is made and which will be applicable according to the duration and available options. in its territory.

 

However, Users may consult detailed price information before and after purchasing the services and products.

 

When any price indicated on the website is subject to or subject to special conditions, such as offers and promotions, they may be applied and consulted by the User, in advance of contracting and always before the purchase process ends with the payment of the amounts. .

• There is the possibility of PAYMENT POSTPONED

At THE COMPANY, we want to help you buy what makes you and be better, therefore, we offer the User the option of financing their purchase, using Aplázame, buy now and pay later. Aplázame is an option that will grant the User credit instantly. Only with your email, mobile phone and ID number.

The process consists of selecting the product you wish to purchase, selecting the Aplázame option as the payment method at the end of the purchasing process, choosing the number of installments and the day of the month on which you wish to pay.

Financing conditions:

• When applying for the loan it will be required; make an initial down payment. The amount of your loan will be the amount of your basket less said initial deposit. The result of said operation will be the amount financed in the number of installments selected by the User.
• The SMS sent by Aplázame to process the credit application has no cost.

The User accepts that all his or her personal data will be fully transferred to Aplázame from the moment the User has initiated the contracting of the deferred payment service offered by the latter at the time of choosing the payment method. This acceptance extends to third parties that have to access the files for the successful completion of the contract..

4. RIGHT OF WITHDRAWAL

Regarding the right of withdrawal recognized for Consumers and Users, if the User purchases the goods and services, once paid they will have fifteen (15) days to withdraw from that contract and the payment paid within this period of fifteen (15) will be refunded. ) days. However, the products must be returned in the same conditions in which they were received, that is, labeled and must include all instructions, documents and original packaging. Likewise, it must contain the duly completed “Returns Card.”

However, the above will not apply to those Users who have used the custom or atelier bridal service, and therefore, in relation to these Services, once these Conditions of Use have been accepted and the purchase confirmed, the Users understand and accept that there will be no right of withdrawal by virtue of the provisions of article 103, letter c), of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users:

1. c) The supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.

Information on the exercise of the right of withdrawal

To exercise the right of withdrawal when possible, Users must notify the decision to withdraw, before the indicated period expires, by means of an unequivocal statement to THE COMPANY at its postal address or at the email address provided for this purpose.

When the User exercises his right of withdrawal, the amounts paid for the services and products will be returned, without delay and within fourteen (15) calendar days from the date on which THE COMPANY has received the communication from the User. The refund will be made using the same payment method, unless otherwise has been expressly agreed between the User and THE COMPANY. Exchanges or returns will not be accepted for garments that do not meet these conditions or have been used. The deadline to notify the brand of defects in the garment is 15 days from receipt of the product.

However, any fees or other derived expenses will be borne by the User and the reimbursement of the amounts may be withheld until the exercise of the right of withdrawal is confirmed. In the event that the return is carried out at the studio on Claudio Coello Street, no shipping costs will have to be paid, and the refund will be delayed a few days since its original warehouse will be managed.

The User must notify THE COMPANY via email at web@inesmartinalcalde.com or by telephone at their number, +34 674 227 635, in order to determine the collection of the product by courier or at the User's own expense.

Withdrawal form:

For the attention of [Complete], S.L., registered office in [Complete], with contact email [Complete] and CIF [Complete] O in the email [Complete email]

 

I/we hereby inform you (*) that I/we withdraw from our (*) contract of sale of the following good (*)

– Ordered on/received on (*)

– Name of the consumer and user or consumers and users

 – Domicile of the consumer and user or consumers and users

– Signature of the consumer and user or of the consumers and users (only if this form is presented on paper)

- Date

USE: Users may use the previously proposed Form, modifying what appears marked with (*) or send any other communication that specifies their desire to exercise their right of withdrawal in a clear manner and that contains the indicated information.

5. PROMOTIONS AND OFFERS

THE COMPANY may carry out promotions and/or offers to which its own bases, conditions and additional terms will be applied, which THE COMPANY will make available to Users before said contract and will reserve the right to withdraw any product from the website in any moment. If a User wants to participate in a promotion and/or offer, they must read and agree to its bases, conditions and terms. The offers and promotions available to Users will be valid until the date indicated for them and, where appropriate, individually on the indicated services or reservations, without being applicable to other products or services offered on the website.

6. PRODUCT AVAILABILITY

All product orders are subject to product availability. In this sense, if difficulties arise regarding the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you can order. If you do not wish to order such substitute products, we will refund any amounts you may have paid.

7. RESPONSIBILITY AND WARRANTIES AND OBLIGATIONS OF USERS

In addition to the obligations and guarantees accepted by Users in the Legal Notice of the website, Users guarantee that they will not use the website and/or the content available for commercial purposes in any case and without the authorization of THE COMPANY. Therefore, Users may not use the products and services for anything outside of what is permitted on the website and according to the website's policies.

Therefore, the products and services acquired by Users will not be transferable, neither free of charge nor for payment; That is, they may not be sold, given away, auctioned and/or be the subject of any other activity that allows the User to obtain an economic return and/or transfer it to a third party. Violation of this obligation will result in the loss of the right to enjoy the products and services and expulsion as a User from the website, without the User having the right to receive any compensation. Likewise, THE COMPANY may take the legal actions that correspond by law for said non-compliance by the User.

Reinforcement of the Company's obligations and exoneration regarding uploaded content and information - Users guarantee and are obliged that all the information in their User Profile is true, true and complete, so they will be responsible to third parties for the information they provide. Likewise, Users may not register with false information, using names or including terms in their User Profile that attempt to impersonate the identity of a third party, include false identities, insult, insult, threaten or violate the rights to honor, privacy and image of any third party.

Users understand and accept that THE COMPANY is the owner or assignee of all Intellectual and Industrial Property rights over the elements and content of the website. Therefore, all contents, images, photographs, videos, designs, brands, labels, distinctive signs, trade names and/or logos of THE COMPANY and/or the website; as well as the banners, the software and its different codes, source and object, algorithms, technological measures and/or any other elements of an analogous nature and/or specific to the website are the property of THE COMPANY or THE COMPANY is the assignee thereof.

Users guarantee that they will not commit acts and/or that they will not carry out actions aimed at breaking the technological protection and anti-piracy measures that have been implemented on the website, understood as those procedures, techniques, devices, components, or the combination of these. , whose function is to control, prevent or restrict access or use of the elements and/or content of the website. Otherwise, THE COMPANY will proceed to immediately resolve the relationship with the offending User, and may take the relevant legal measures.

Likewise, all Users expressly guarantee that they will not infringe the Intellectual or Industrial Property rights of third parties, the rights of third parties of any nature, nor will they infringe the right to honor, privacy or image of THE COMPANY, as well as that of any other person. or third parties and that they are solely responsible, with complete indemnification to THE COMPANY, for any claim (judicial or extrajudicial) that arises or may arise in such event.

Users guarantee and are obliged to comply with these Conditions of Use, the Legal Notice and the Privacy and Cookies Policy of the website, respecting the public interest, current legislation and the requirements of good faith.

8. DELIVERY

THE COMPANY will carry out the necessary measures to try to meet delivery dates, without prejudice to the availability of the products and unless exceptional circumstances occur. An attempt will be made to deliver the order within 72 hours in Spain and Europe and 15 calendar days in the rest of the world, counting from the date of Shipping Confirmation.

THE COMPANY makes special mention of the possibility of delays due to unforeseen circumstances, unforeseen areas or other circumstances.

The order will be considered delivered to the established address once THE COMPANY receives the confirmation SMS from the transport and/or merchandise company.

• IMPOSSIBILITY OF DELIVERY.

THE COMPANY undertakes to carry out TWO attempts to deliver the order, in the event that both attempts are impossible, it will be the User who must collect the order at the place and in the manner indicated.

• TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

THE COMPANY will transfer ownership of the products to the User once full payment of all amounts due in relation to them is received.

9. RESPONSIBILITY AND GUARANTEES OF THE COMPANY

THE COMPANY will not be responsible for those obligations assumed and/or rights that have been acquired due to the established relationship and/or contract made between the Users and third parties, since as an intermediary, the Users themselves will be responsible for compliance with the commitments assumed and acquired through these effects with third parties at all times. Likewise, THE COMPANY is not responsible for non-compliance, neither total nor partial, with any matter relating to third parties and/or any other matters in which it does not intervene and acts merely as an intermediary.

THE COMPANY has no obligation and does not control the use that Users make of the site, the contents and/or the services available on the Website. Thus, THE COMPANY does not guarantee that Users correctly use the Website, the contents and the services offered in accordance with these Conditions of Use, nor that they do so diligently and prudently or in compliance with the law.

THE COMPANY has the right to temporarily suspend accessibility to the Website without prior notice, such as in the case of urgent need for website maintenance, website updates or for website security reasons, as well as reserve the right to provide or cancel the services, content or the website permanently, trying to inform the Users in advance, provided that the circumstances allow it.

Notwithstanding the above, the liability of THE COMPANY is not excluded or limited in the following cases:

• In the event of death or personal injury caused by our negligence.
• In case of fraud or fraudulent misrepresentation.
• In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Effective knowledge – THE COMPANY has the right, but not the obligation, to oppose and/or eliminate any content or activity that violates these Conditions of Use and any of its Policies, from the moment it has effective knowledge, as well as to deny or cancel the access to the website to any person or entity as established in these Conditions of Use. Therefore, THE COMPANY makes available to Users and third parties a unilateral complaint system, through which they will notify any violation of these Conditions. of Use and its Policies at the following address: [Complete]

10. MISCELLANY

These Conditions of Use constitute the total agreement between the Users and THE COMPANY. These Conditions of Use may only be modified by a written correction signed by an authorized person of THE COMPANY or through the publication of a revised version of these.

If any clause of these Conditions of Use is declared totally or partially null or ineffective, it will affect only that provision or part of it, which is null or ineffective, with the rest of the Conditions of Use subsisting in everything else and having such provision. or the part of it that is affected by not posting unless, because it is essential to these Conditions of Use, it would affect them in an integral manner.

Resolution – Users may cancel the User Profile from the website at any time, without prejudice to those obligations that they have acquired and/or that continue in force in relation to THE PLATAFROMA and/or third parties, communicating their decision to THE COMPANY in the next adress: web@inesmartinalcalde.com

Deleting the User Profile will lead to the closure of the Profile and does not entitle the User to any compensation.

Obligation to indicate the language and at least in Spanish – The Website, all its documents and its contents are offered in Spanish, although they may be available in other languages, therefore, in the event of any conflict in the application or interpretation of these Conditions of Use, the Legal Notice, the Privacy Policies and/or the Cookies Policy of THE COMPANY, the Spanish language version will always prevail over any other.

Contract period – The Conditions of Use will be valid from the moment the User creates his User Profile for an indefinite period with regard to the use of THE COMPANY website, until the User cancels his User Profile or, For any circumstance, the website will be closed.

Neither THE COMPANY nor the Users will be responsible or in breach of these Conditions of Use in case of delay or non-compliance due to force majeure, in the cases contemplated in the legislation.

Users may not transfer in whole or in part, neither for consideration nor free of charge, the rights or obligations acquired in these Conditions of Use. If this prohibition is breached, the User Profile may be cancelled, without prejudice to the right of THE COMPANY to exercise the legal actions that may be appropriate, as well as the corresponding ones for damages and losses that may occur due to this cause.

11. APPLICABLE LAW AND JURISDICTION

These Conditions of Use, the Privacy and Cookies Policies and the Legal Notice of the website, as well as any relationship between Users and THE COMPANY, will be governed by Spanish law. In the event of a conflict in the application or interpretation of said documents, the parties submit to the Courts and Tribunals of Madrid.

Consumer Law in the EU – Without prejudice to the foregoing, when the User is considered a Consumer, they may claim their rights as such in relation to the Conditions of Use, the Legal Notice and the Privacy and Cookies Policies of THE COMPANY both before the jurisdictional bodies in Spain in which they are located. domiciled by the Consumer and before the jurisdictional bodies in his Member State of residence in the European Union. Likewise, in compliance with the provisions of article 14.1 of Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, THE COMPANY informs you of the existence of an extrajudicial online dispute resolution platform made available provision by the European Commission, available at: http://ec.europa.eu/consumers/odr/ and through which Consumers may submit their claims.

12. PARTIAL NULLITY

If any of these Conditions or any provision of a Contract is declared null and void by a final resolution by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

The User will be subject to the policies and Conditions in force at the time they use and enjoy this Website or place the order, unless due to force majeure, law or decision of government agencies, the need to carry out the retroactive changes in said policies, Conditions or Privacy Statement, in which case, the possible changes will also affect orders that were placed prior to the modification.

13. INTELLECTUAL PROPERTY

The User recognizes and by these Conditions acknowledges that all copyright, registered trademark, design of clothing models and other rights derived from intellectual property on the materials or content to which he or she has had access due to being on the Website, corresponds EXCLUSIVE to THE COMPANY or to those who licensed its use.

The User may not, under any circumstances, use said material for purposes other than those expressly authorized by THE COMPANY. Likewise, the above will not prevent the User from using the Website to the extent necessary to copy the information regarding their order data or Contact data.

14. COMMUNICATIONS

The applicable regulations require that most of the information or communications carried out between THE COMPANY and the User must be in writing. Through the use of the Website the User accepts the aforementioned, likewise, for contractual purposes the User consents to the use of this electronic means of communication and recognizes what is stated in this contract.

The communications that THE COMPANY carries out with the User will be through email.

If an alleged exchange has been transcribed, it will be a human error without the possibility of making a claim or compensation to the extent legally permitted. In no case will the User's rights be violated.

• VERBAL COMMUNICATIONS

There is the possibility that communications or exchanges of information may take place verbally, either through telephone conversations or face-to-face meetings. It is important to note that such verbal information will generally be supported and consistent with the information provided on this website and in these Conditions. To the extent possible, THE COMPANY endeavors to leave a written record of these verbal communications.

In the unlikely event that a transcription of a specific verbal exchange has not been made, it will be considered a human error without grounds for future claims or compensation, to the extent permitted by applicable law. This condition will not affect the rights recognized by law.