1. INTRODUCTION

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 (hereinafter, the "Conditions").

We ask you to read the Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website.

These Conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or execution of the Contract (as this is defined below) will be those that are applicable to you.

2 - OUR DATA

The sale of items through this website is carried out under the name Inés Martín Alcalde by Inés Martín Alcalde Designs S.L., a Spanish company with address at Calle Claudio Coello 32, 1º Interior Izquierda, 28001 Madrid registered in the Mercantile Registry of Madrid in volume 34352, page 40, entry 1 with sheet M-617911 and CIF B87475265.

3 - YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.

4 - USE OF OUR WEBSITE

By using this website and/or placing orders through it, you agree to:

1. Make use of this website only to make legally valid inquiries or orders.
2. Do not make any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
3. Provide us with your email address, postal address and/or other contact information in a truthful and exact manner. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Statement).
4. If you do not provide us with all the information we need, we 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.

5 - CONCLUSION OF THE CONTRACT

The information contained in these Conditions and the details contained in this web page do not constitute an offer to sell, but rather an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount thereof will be refunded in full.

To place an order, you must follow the online purchase procedure and confirm the payment. Following this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through an email confirming that the product is being shipped (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 object of the Contract. We will not be obliged to supply you with any product that may have been ordered until we confirm the shipment of the same in a Shipment Confirmation.

6 - AVAILABILITY OF PRODUCTS

All product orders are subject to product availability. In this sense, if there are difficulties 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 these substitute products, we will refund any amount you may have paid.

7 - REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on this website. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, so we reserve the right to do so at any time, at our sole discretion. discretion.

We will not be liable to you or to any third party for the fact that you remove any product from this website, regardless of whether said product has been sold or not, remove or modify any material or content on the website, or for refusing to to process an order once we have sent you the Order Confirmation.

8 - DELIVERY

Without prejudice to the provisions of Clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to receive the order within 72 hours in Spain and Europe and 15 calendar days in the rest of the world, from the Shipment Confirmation date.

However, delays may occur for any of the following reasons:

• unforeseen circumstances.
• Delivery area.

If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to go ahead with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid. Keep in mind in any case that we do not deliver on Saturdays or Sundays.

For the purposes of these Conditions, it will be understood that the "delivery" has occurred at the agreed delivery address and on the date agreed with the transport company, communicated via SMS and/or by e-mail.

9 - NON-DELIVERY

For home deliveries: if after two attempts we find it impossible to deliver your order, we will tell you where your order is and how to collect it. If you are not going to be at the place of delivery of the order at the agreed time, please contact us to arrange delivery on another day or directly with the transport company. You will have a maximum period of 15 days, from the date of Shipping Confirmation, to arrange the delivery of your order at the address indicated at the time of purchase. If after said period, you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will refund the price paid for said products, discounting the relevant shipping and management costs as soon as possible and, in any case, within a maximum period of 15 days from the date on which, in accordance with the established in this Clause we consider the Contract terminated.

10 - TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS

The risks of the products will be borne by you from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this took place at a later time.

11 - PRICE AND PAYMENT

The price of each product will be the one stipulated at any time on our website, except in the case of manifest error. Although we try to ensure that all prices listed on the page are correct, errors can occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and any amounts 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 prices on this website include VAT and shipping costs if the shipment is to the Peninsula, but exclude shipping costs outside the Peninsula, which will be added to the total amount due as set out in our Shipping guide.

Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a Dispatch Confirmation.

Once you have made your purchases, all the items you want to buy will have been added to your basket and the next step will be to process the order and make the payment.

You can make the payment with Visa or Mastercard.

By authorizing the payment you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.

Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

Payment postponed

Finance your purchase instantly with Aplazame. Buy now and pay later.

At Inés Martín Alcalde Designs S.L. we want to help you buy what makes you be and be better.

You can now finance your purchases in our store with Aplazame.

It is fast, simple and safe. Choose your product, select Postponement as payment method at the end of the purchase process, choose the number of installments and the day of the month you want to pay.

Aplazame will grant you the credit instantly. Only with your email, your mobile and your ID number. No paperwork and no fine print. What you see is what you will pay, not a penny more!

Financing conditions:

• When applying for the loan you will be asked; make an initial entry payment. The amount of your loan will be the amount of your basket minus that initial entry. That is the amount we will finance in the number of installments you choose.
• For example, a 6-month financing will imply 7 payments, one at the time the credit is granted and 6 payments in each of the 6 months following the purchase.
• Payments are made with the card provided by the client to Aplazame.
• The SMS sent by Aplazame to process the credit application is free of charge for you.

Example:

 

Example of financing with APLAZAME for a basket of €1,000.00 for 12 months and that begins to pay 20 days from the request. An entry of €85.63 is requested, which the user must pay through his card at the time he performs the operation. The amount to be financed is the difference between the value of the basket and the entry: €914.37. 12 monthly installments of €85.63 are requested. Opening commission: €0.00. TIN: 22.11% AI: 24.5%. Total amount owed: €1,027.56. Subject to the approval of APLAZAME, S.L.

12 - RETURN POLICY

12.1 - LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE

In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract at any time within a period of 15 business days from the date of delivery of your order.

In this case, the price paid for such products will be refunded to you. You will be responsible for the direct costs of returning the product when you do not return it by any of the free methods mentioned in this Agreement.

You may prove the exercise of the right of withdrawal in any manner admitted by law, considering that said right has been validly exercised in any case by returning the products.

This provision does not affect other rights recognized to the consumer by current legislation.

12.2 - COMMON PROVISIONS

Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same condition in which you received them, labeled and in perfect condition. Please return the item using or including its original packaging. It must also include all the instructions, documents and packaging of the products. In any case, you must deliver the "Returns Card" duly completed together with the product to be returned. No refund will be made if the product has been used beyond the mere opening of it or if it has suffered any damage, so you must be careful with the products while they are in your possession.

If you wish to return a product, you must contact us at the telephone number +34 674 227 635 or by email at web@inesmartinalcalde.com to agree with us, or one of our representatives, the collection of the product by a courier or make the return at your own cost. You will be responsible for the direct costs of returning the product (see price guide). You must deliver the merchandise in the same package in which you received it. In case you do not want us to collect the products, you will be responsible for the shipment you make. 

After examining the article, we will notify you if you are entitled to a refund of the amounts paid (excluding shipping costs). The return will be made as soon as possible and, in any case, within a period of 15 days from the date of receipt of the item(s) in our warehouses. The return will always be made using the same means of payment that you used to pay for the purchase and will be for the same amount that was paid minus shipping costs (see shipping cost guide).

If you have any questions, you can contact us at web@inesmartinalcalde.com or by calling +34 674 227 635.

12.3 - RETURNS OF DEFECTIVE PRODUCTS

In cases where you consider that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately (with a maximum of 24 hours from receipt of the order) at web@inesmartinalcalde.com indicating the product data as well as the damage it suffers, or by calling the number +34 674 227 635 where we will indicate how to proceed.

The product can be returned to our store located at Calle Claudio Coello 32 in Madrid or delivered to your home by a courier that we will send.

We will proceed to carefully examine the returned product and we will notify you by e-mail, within a reasonable time, if it is appropriate to return or replace it (if applicable). The item will be returned or replaced as soon as possible and, in any case, within 15 days from the date on which we send you an email confirming that the non-conforming item is returned or replaced.

The amounts paid for those products that are returned due to a defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item. The return will be made in the same means of payment that was used to pay for the purchase.

The rights recognized by current legislation are protected.

13 - LIABILITY AND EXECUTION OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

Notwithstanding the foregoing, our liability 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.

Notwithstanding the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their origin:

1. Loss of income or sales.
2. business loss.
3. Loss of profit or loss of contracts.
4. Loss of anticipated savings.
5. Data loss.
6. Loss of management time or office hours.

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

All product descriptions, information and materials on this website are provided as true body and without express or implicit warranties about them.

To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded in relation to consumers and users.

The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.

14 - INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark, design of garment models and other intellectual property rights on the materials or content that are provided as part of the web page correspond at all times to us or to those who granted us a license for its use. You may use said material only in the manner expressly authorized by us or by those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order data or Contact data.

15 - VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other program or technologically harmful material. You will not try to gain unauthorized access to this website, the server on which said page is hosted or any server, computer or database related to our website.

You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically disruptive or damaging program or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of downloading content from it or to which it redirects.

16 - WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

17 - VERBAL COMMUNICATIONS (via telephone or face-to-face)

It may be the case in which the information or communications that we provide you are given verbally (by telephone or in person). As a general rule, these data will always be backed up and will be similar to the information provided on this website and in these Conditions, and we will try to leave a written trail of verbal communications whenever possible.

If the case arises in which an alleged exchange has not been transcribed, it will be considered a human error without giving rise to future claims or compensation to the extent legally permitted. This condition will not affect your rights recognized by law.

18 - NOTIFICATIONS

Notices that you send us should be sent by email to web@inesmartinalcalde.com or by calling us at +34 674 227 635. In accordance with the provisions of the preceding clauses and unless otherwise stipulated, we can send you communications either by e-mail, or to the telephone number that you have provided at the time of place an order.

It will be understood that the notifications have been received and have been correctly made when it can be proven that the electronic address as well as the telephone number correspond to the data specified by the recipient.

19 - ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and us, as well as our respective successors, assigns and assigns.

You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent.

We may transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you have as a consumer recognized by law or will annul, reduce or limit in any other way the guarantees, both express and implied, that you we could have given.

20 - EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure to perform or delay in performance of any of our obligations under a Contract caused by events beyond our reasonable control ("Force Majeure Event").

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

• Strikes, lockouts or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.

It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for the time that is necessary for us to do so. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that enables us to perform our obligations under the Contract despite the Force Majeure Event.

21 - WAIVER

The lack of requirement on our part of strict compliance on your part of any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of of said Contract or the Conditions, will not imply a waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.

No waiver on our part of any of these Conditions or the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions of the Notices section above.

22 - PARTIAL NULLITY

If any of these Conditions or any provision of a Contract were 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.

23 - ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in them constitute the entire existing agreement between You and us in relation to the object of the Contract and replace any other agreement, agreement or previous promise agreed between You and us verbally or by written.

You and we acknowledge having consented to the execution of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Contract, except for what is expressly mentioned in these Conditions.

Neither you nor we will have any recourse against any untrue statement made by the other party, verbal or written, prior to the date of the Agreement (unless such untrue statement was fraudulently made) and the only recourse available to the another part will be for breach of contract in accordance with the provisions of these Conditions.

24 - OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Terms at any time.

You will be subject to the policies and Conditions in force at the time you use this website or make each order, except that by law or decision of government agencies we must make retroactive changes in said policies, Conditions or Privacy Statement, in in which case, the possible changes will also affect the orders that you had previously made.

25 - APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.

Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.

26 - COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact email (web@inesmartinalcalde.com).