These General Terms and Conditions, along with any Special Conditions that may be established, will expressly regulate relations between Marlene Turanzas S.L., tax identification number (CIF) B87105987 with registered offices at Calle Lagasca 52, 5º, 28001 Madrid, Spain (hereinafter “the Administrator”) and users (hereinafter “Users”) of the websitewww.marleneturanzas.com (hereinafter “the Website”) who purchase products offered on the same.
The present General Terms have been established in accordance with Spanish Law no. 34/2002, on information society services and e-commerce, Spanish Law no. 7/1998 on General Terms and Conditions, and other applicable laws.
The Administrator informs the User that the process for purchasing articles for sale are those which are described in these General Terms and Conditions, as well as those specific processes which are indicated on the screen while navigating the Website. The User claims to know and understand said processes as necessary for gaining access to the products and services offered on the Website.
Any modification and/or correction to personal information provided by the User while navigating the Website must be completed as indicated on the Website.
The User may access, print, download or save the General Terms and Conditions at any time. These Terms will remain permanently accessible on the Website through the link General Terms and Conditions on www.marleneturanzas.com.
To purchase products offered on the Website, Users who proceed to register on the same, must be at least eighteen (18) years old and must comply with the instructions outlined in these General Terms and Conditions, which require that these instructions, as well as any others included on the various pages of the Website be followed: (a) Completion, in its entirety, of the electronic form which will appear according to the User’s aim, by following the instructions included on the same; (b) Clicking the button “Confirm Order”; (c) Receipt of registration confirmation, by e-mail.
The Administrator reserves the right to stop offering for purchase any of the products offered on the Website at any time and without prior notice.
The information that appears on the Website is valid on and after the date it was last updated. The Administrator reserves the right to decide which products are included and offered to Users on the Website, at all times. The Administrator can update, modify or eliminate content and elements that make up the Website without the need to give prior notice, at its convenience. As a consequence, the Administrator may, at any time, add new products to those included on the Website. Except in case something else has been prepared, said new products will be governed by that which is detailed in the General Terms in force at that time.
The username and password provided to the Administrator by the User are identifying and enabling elements which allow access to the Website’s products and services, and which are considered personal data and are non-transferable.
The information included in catalogues and price lists is nonbinding. The Administrator may change it at any time and without prior notice, according to market conditions. The Administrator guarantees that the price applied at any given time is the price in force on the Website at the time the order is confirmed. If prices are modified, orders already under way will not be affected.
Special offers, promotions or discounts will be valid until the date indicated or until supply is exhausted.
The Administrator offers a selection of products sold under the trademark Marlene Turanzas on this Website.
Each item sold on the Website is shown with the following information:
With regards to the colour of an item which appears on the screen, let the User be advised that variations between colours that appear on his/her screen and actual colours of items may exist, making it impossible to guarantee that the colours which appear on the User’s screen will faithfully match the item’s true colour. That being said, the Administrator makes every effort possible to align the colours that appear on screen as closely as possible to the real colours of the items represented.
To make a purchase the User will place his/her order online using “My Basket”.
To purchase a desired item the User must select it and add it to the shopping cart or basket by clicking on the corresponding image.
The User’s shopping cart or “basket” will include the reference number and price of the selected item, as well as an indication of the corresponding taxes.
To place the order the User must register on the Website. To register, the User will be asked for necessary personal information, which will be stored in the Website’s database in order to process the order in question, as well as to facilitate future purchases on the Website.
The User may access his/her personal information and information about all of his/her orders. The personal information provided must be correct and complete to the best of the User’s ability in order to avoid mix-ups or incidents in the shipping of purchased items. The User will receive information or newsletters related to the Website only if he/she has requested said information.
Once the order has been submitted, by providing the information necessary for the same, the User will be sent a summary of the order including the item(s) purchased, total price (shipping and taxes included) and shipping information. The User must confirm the order by clicking the “Confirm Order” button.
Once the order has been confirmed, the Website will issue an on-screen confirmation including the order number which the User can use to track the order at any time.
An e-mail will also be sent to the User with a description of the order and the personal information that the User has provided to complete the order. If an e-mail including the aforementioned information is not received, the User should contact the Administrator by e-mail at email@example.com or by phone at (+34) 676268876.
Product prices on the Website are shown in euros and include all applicable taxes and fees. Shipping charges will be added to the price of the products and will also be indicated separately for the completion and summary of the order through the shipping charges application.
The Administrator will regularly verify that all of the prices on the Website are correct, however, it cannot guarantee the absence of errors. If an error in the price of a product is detected, the Administrator will allow the User to buy the product at the correct price or to cancel the order.
Promotional offers on the Website to increase sales for certain items, are only valid while they appear on the Website unless otherwise indicated on the same.
Users may complete payment of items and their corresponding shipping charges through PayPal. PayPal’s General Terms along with the present General Terms will govern said transaction.
The Administrator ships User’s orders using various national and international express shipping companies. Delivery time depends on the availability of the product chosen and the area to be delivered to. Products bought through the Website will be delivered to the address registered on the credit card used to make the purchase, unless the User indicates otherwise.
Shipping charges and delivery times are shown on the Website when the order is placed and before the order has been confirmed through the application “Calculate Shipping”.
Delivery is considered to have taken place when the client receives the item from the shipping company and signs the receipt of delivery. The User’s signature, or the signature of an appointed adult, is required at the time of delivery. The Administrator does not accept P.O. addresses as valid shipping addresses.
The addressee is responsible for checking that the products received are those ordered at the time of delivery and for stating any errors or complaints that can be justified.
The User may return any item he/she has purchased through the Website if and when the return is carried out on the basis of one of the following:
1. The general right to withdrawal, if and when circumstances established in the law are given.
2. Articles 68 and following of the Revised General Act for Defence of Consumers and Users approved by Royal Legislative Decree 1/2007 of 16 November.
3. Defects caused by shipping or incorrect product(s) shipped.
The User may only return a purchased item if and when the item has not been opened or used and is still sealed or in its original packaging. Returns will not be accepted if the product is not returned in perfect condition, in its original packaging and without having been used. The order must be returned in its entirety, including all of its original accessories and packaging. The client must also pay any fee associated with the return. If a waiver is used, the return shipping charges will be paid by the User.
In accordance with the law, returns of products which have been un-sealed, except in cases of faulty merchandise, will not be accepted.
If the product is faulty, the User may also choose to exchange the product, within 14 days, as stated in the law.
If at the time of delivery it is clear and visible, without the need to manipulate the packaging for delivery nor the product’s packaging, that the product is faulty due to damages caused during shipping, or if in the same way, it is noted that incorrect merchandise was received, the client must make a note of the circumstances on the delivery note, and communicate the same to the Administrator via e-mail to firstname.lastname@example.org or phone (+34) 676268876, in the 24 hours following receipt of the product(s) in order to request the return of the affected product(s) for either an exchange, or to be refunded.
Damages cause during shipping, which can only be detected after opening the product must be communicated in the first 24 hours after receipt of the order, as indicated above, making note of the order number, damages to the product and by requesting the return of the affected product(s) for either an exchange, or to be refunded. The Administrator will examine the product and communicate to the User whether he/she has the right to exchange the same. The return of products that are not maintained in the same conditions in which they were received, or those which have been used and not merely opened, will not be accepted. The return or exchange of products will be carried out as soon as possible, and always within 30 days following the date on which the Administrator sent an e-mail confirming that it will proceed with the return or exchange of the unsatisfactory product.
Where applicable, the Administrator will issue a refund within 30 days of receipt of the User’s request for return. The refund will be issued using the same payment method that was used to purchase the order, or by means of a bank transfer to the account indicated by the User.
Return of Faulty Goods
In cases of manufacturing defects, the purchased item can be returned if and when the item has not been opened or used and is still in its original packaging. Returns will not be accepted if the product is not returned with its original packaging and without having been used.
The order must be returned in its entirety, including all of its original accessories and packaging. Once received, the Administrator will examine the product and communicate to the User whether he/she has the right to exchange the same. The return of products that are not maintained in the same conditions in which they were received, or those which have been used and not merely opened, will not be accepted. The return or exchange of products will be carried out as soon as possible, and always within 30 days following the date on which the Administrator sent an e-mail confirming that it will proceed with the return or exchange of the unsatisfactory product.
If at the time of delivery it is clear and visible, without the need to manipulate the packaging for delivery nor the product’s packaging, that incorrect merchandise was received, the addressee must make a note of the circumstances on the delivery note, and communicate the same to the Administrator via e-mail to email@example.com or phone (+34) 676268876, in the 24 hours following receipt of the product(s) in order to request the return of the affected product(s) for either an exchange, or to be refunded.
Faulty merchandise, which can only be detected after opening the product must be communicated in the first 24 hours after receipt of the order, as indicated above, making note of the order number, damages to the product and by requesting the return of the affected product(s) for either an exchange, or to be refunded.
If the returned product is out of stock, the client may choose to exchange it for another product of similar price and quality, or ask for a refund.
Where applicable, the Administrator will issue a refund within 30 days of receipt of the User’s request for return. The refund will be issued using the same payment method that was used to purchase the order, or by means of a bank transfer to the account indicated by the User.
For any incident related to returns the User or addressee should contact the Administrator via e-mail, firstname.lastname@example.org or phone at customer service number (+34) 676268876.
Communications to the User from the Administrator will be made using the personal information provided by the User when registering on the Website. Applicable legislation requires that part of the information or communications sent by the Administrator to the User be made in writing. Because of this, the User expressly accepts the use of e-mail as a valid form of communication for all information sent related to the use of the Website, recognizing as binding, that any communication sent to the User to these effects by the Administrator complies with legal requirements as it is communicated in writing. All of the aforementioned is binding, notwithstanding the User’s rights as recognized by law.
No party will assume liability for failure to comply with obligations due to force majeure. Term obligations that may exist will be suspended in these cases for as long as the force majeure lasts, and any party may request the cancellation of the contract, without repercussion, if the cause of the same should continue.
Product prices on the Website include the applicable VAT (value-added tax) as well as any other applicable tax. The taxes applied and included in prices will, at all times, be those in force, except in cases of typographical error. Special offers will be duly noted on the Website.
Purchases to be delivered to any member state of the European Union will be subject to VAT.
Purchases to be delivered to any non-member state of the European Union, to the Canary Islands, Ceuta or Melilla will be exempt from paying IVA.
The User undertakes to accept all of the terms and conditions contemplated in the present General Terms and Conditions as well as to keep his/her user information and passwords to access the Website confidential with the utmost diligence.
In the same way, the User undertakes to provide true and accurate information on the user registration form and in the submission of an order, and to maintain said information up-to-date at all times.
The User undertakes to facilitate the delivery of the order placed by providing an address to which said order can be delivered. The Administrator will not be liable for the delay or impossibility of the delivery of the order placed by the User due to the User failing to fulfil this obligation.
Purchases made through this Website are subject to Spanish law.
If a conflict or discrepancy arises in the interpretation or application of the present General Terms and Conditions, the courts which in each case hold jurisdiction over the issue, will be those which stipulate the applicable laws as competent jurisdiction, which when dealing with consumers, will be those in the place where the merchandise must be delivered or the residence of the consumer.
If the purchaser resides outside of Spain, both parties are subject to, with express waiver of any other jurisdiction, the courts of Madrid (Spain).
In accordance with article 10 of Spanish Law no. 34/2002 of 11 July, Law of Information Society Services and Electronic Commerce (LSSI) the following information is provided:
The Website www.marleneturanzas.com (hereinafter “the Website”), being accessed, is property of and managed by the legal entity Marlene Turanzas S.L. (hereinafter “the Administrator”) with the following legal information:
Marlene Turanzas S.L.
Tax Identification Number (CIF): B87105987
Registered Office: Calle Lagasca 52, 5º, 28001 Madrid, Spain
The Website is put at the disposal of Internet users by the Administrator to facilitate purchase of products identified under the trademark Marlene Turanzas. To that end, the User is required to register on the Website by filling out a form with his/her personal information, which may be edited, modified, or deleted at any time through his/her private menu. Registration, completing and sending the electronic registration form for the Website, implies the User’s express consent to being sent special discounts and promotions carried out by the company, Newsletters, and general information about any topic, activity or event related to the trademark Marlene Turanzas, by SMS, mail or e-mail.
The following general terms are directed towards the “Users” of this Website, understanding “Users” as both the people who access the information contained on the Website, and those who have registered in order to purchase the products offered on the Website.
This Legal Notice is subject to change and updating, therefore the version published on the Website may be different any or every time the User accesses the Website.
The Administrator also reserves the right to suspend, interrupt or shutdown the Website at any time. Therefore, given that it may be modified, the User should read the present document carefully and in its entirety, every time he/she is going to use the Website.
The User can access, print, download and save these General Conditions, which will remain permanently accessible on the Website.
The Administrator will only be held liable for damages suffered by the User as a consequence of using the Website when said damages are attributable to wilful misconduct carried out by the same.
The administrator does not guarantee the availability or continuity of the Website or of any other websites with which the Website has established a link.
The User recognizes and accepts that he/she uses this Website at his/her own risk and under his/her own complete responsibility.
The Administer will not be held responsible for any possible error in security nor for possible damages to the User’s IT system (hardware or software) as a result of a virus on the User’s computer, used to connect to the services and contents of the Website, a navigator malfunction, or versions that have not been updated. Furthermore, the Administrator will not be held responsible for variation in the information, documentation and/or other Website content that could exist between the electronic and print versions of the same.
The User undertakes to comply with the present General Conditions, with Special Conditions that may apply, and with special warnings or instructions for use contained in the same, or on the Website, and to always act in accordance with the law, decency, social mores and good faith, as well as to use due diligence appropriate to the nature of the service he/she enjoys, refraining from using the Website in any way which could hinder, harm, or damage the normal operation of the same, the goods or rights of the Administrator, its providers, the rest of the Users, or any other third party.
Specifically, and without implying any restriction on any of the general obligations assumed by the User in accordance with the previous section, this obligates the User to:
(a) Provide personal information for registration on the Website that is true and accurate and to maintain this information updated so that it reflects the User’s real situation at all times. The User is, under all circumstances, solely responsible for misrepresentations and for the possible harm that could be caused by the information that he/she provides.
(b) Not complete registration using another person’s information or by impersonating any third party.
(c) Not introduce, store or disseminate any libellous, harmful, obscene, threatening, xenophobic, violence or discrimination (against race, gender, ideology, religion, or any other) provoking information or material, or anything else that infringes upon decency, social mores, public order, fundamental rights, public liberties, honour, privacy or images of others on or through this Website. Users must also not publish or disseminate any type of content, whether it be text, images, or any other type of archive that violate intellectual property laws or, in general, the legislation in force.
(d) Not introduce, store or disseminate any computer programme, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that could be liable to cause harm to the Website, to any of its Services, or to any of the equipment, systems or networks of the Administrator, Users, the Administrator’s providers, or in general, any third party, or in any other way be able to cause any type of change or to hinder the normal operation of the same, through the Website.
(e) Adequately guard the “Username” and “Password” provided by the Administrator, as identifying and enabling elements to access the Website’s Services, undertaking to not give his/her “Username” or access to these services to third parties, assuming responsibility for damages or harm that could arise from wrongful use of the same. The User undertakes to communicate the loss or robbery of, as well as any other risk of access to the “Username” and/or “Password” by a third party, to the Administrator via e-mail at email@example.com or telephone at (+34) 676268876 as quickly as possible. In these cases, a service for immediately recovering the User’s password is put at his/her disposal.
(f) Not carry out advertising, promotional or marketing activities through the Website. Not use the contents, and in particular the information, obtained through the Website to send advertising, messages with any commercial purpose, including direct sales, nor to collect or store the personal data of others.
(g) Not use false identities, nor impersonate others when using the Website or when using any of the Website’s services, including the use of third party passwords or access codes or by any other means.
(h) Not destroy, alter, use for his/her purposes, make useless or damage the data, information, programmes or electronic documents of the Administrator, its providers, or third parties.
(j) Not introduce, store or disseminate any content which infringes upon intellectual or industrial property rights, or third party business secrets, nor in general, any content to which he/she does not hold the right to provide to third parties, according to the law, through the Website.
The Administrator will not be held liable for the consequences that may arise from interactions between Users of the Website, which could arise on the blog, or on the various social media networks that they may access (Facebook, Twitter, etc.). The User is responsible at all times for maintaining his/her privacy, as well as the information, contents, or materials that he/she decides to share through these networks. The Administrator will not be held responsible in any way, for any consequence of advertising the same nor for its use by third parties.
The law applicable to the Website shall be Spanish law, and it is protected under national and international legislation on intellectual and industrial property.
All content on the Website and in particular, designs, text, audio, graphics, logos, databases, business names, trademarks, and any other content that could be used for industrial or commercial purposes is subject to the intellectual and industrial property rights of the Administrator or to third party owners of the same who have duly authorized their use on the online system. Sole mention does not imply the Website’s endorsement, sponsorship, recommendation, right or responsibility for the same in any way.
The Administrator authorizes the User to use, look at, or print the Website’s contents and/or inserted elements exclusively for his/her personal and non-lucrative use. Any other use, besides those expressly permitted, requires express authorization by the owner of the content in question.
The concession of any license, the act of renouncing, the transfer of, the total or partial cession of said rights, or the granting of any right or expectation of right, in particular the rights to alter, use, reproduce, distribute or publicly communicate said contents, will not be understood without express prior authorization by the Administrator or by the corresponding owner.
Any infraction related to these rights may lead to the extrajudicial, civil, or criminal procedures which correspond.
Regardless of the means of communication used to communicate said violation, the communication must include the following information:
The User may unsubscribe from his/her profile, or by informing us by e-mail at firstname.lastname@example.org. In both cases the User will be asked to provide his/her DNI or any other legal document in force, which certifies the identity of the person wishing to unsubscribe.
In accordance with Organic Law 15/1999, of 13 December, on Protection of Personal Data, the User is hereby informed that his/her personal data will be added to an automated personal data file for which Marlene Turanzas S.L is accountable, with the aim of fulfilling the commitments we have, resulting from the relationships we maintain with the Users of the Website. The User may exercise his/her right to access, cancel, rectify or oppose said data by writing to: Calle Lagasca 53, 5º 28001 Madrid, Spain, (Madrid). Unless otherwise informed, we will understand that the User’s data have not been modified, that the User undertakes to notify us of any variation and that we assume his/her consent in the use of the same.
Equally, and in accordance with Spanish Law 34/2002, of 11 July, on Information Society Services and E-commerce, and article 21 of the same, if the User has provided us with his/her express consent in the Website registration form, we may send him/her advertising about our products or promotions which we consider of interest to the User, by e-mail or any other equivalent electronic means of communication.
Let the User be informed that he/she may revoke consent to receive commercial communications at any time by sending an e-mail to the e-mail address: email@example.com.
Declaring any of these general terms as null, void, or ineffective, will not affect the validity or effectiveness of the other general terms, which will continue to be binding between parties.
If any of the parties withdraws the need to comply with any of the general terms herein stipulated at any time, it will not imply a general withdrawal of the need to comply with any other condition or conditions, nor will it create a vested right for the other party.
In effect of the present General Terms, and for any communication necessary between the Administrator and the User, the User should contact the Administrator via e-mail, by sending a message to firstname.lastname@example.org or by telephone at (+34) 676268876.
Communications to the User from the Administrator will be made using the personal information provided by the User when registering on the Website. The User expressly accepts the use of e-mail as a valid form of communication for all information sent related to the use of the Website.
All litigious questions concerning the Website will be subject to Spanish Law, the competent body for the resolution of all conflicts arising from or related to the use of the present Website will be the courtsof Madrid (Spain).