legal terms
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TERMS & CONDITIONS
LEGAL NOTICE

General information required by Article 10 of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

Identification data

www.isaldashop.com (from now on, “the web”) is the exclusive property of ISABEL FERNÁNDEZ LANZA (hereinafter, “Isalda”), with headquarters in Calle Velázquez nº15, 1ºDcha, 28001 Madrid, tax ID 71928596-Y and mail address info@isaldashop.com. The purpose of Isalda´s online shop is the sale of bags and accessories.

Scope of application

This web is intended to publicize Isalda brand, as well as to sell online Isalda products to end-users. The access to this web is free and open. When entering this web the User expressly and fully accepts this terms and conditions, the Use and Purchase Conditions and the Privacy Policies. Isalda reserves the right to modify, limit or cancel access to its web or to certain contents or services.

Intellectual property

This web and all the contents within ISALDASHOP.COM, including written texts, photographs, graphics and source code, are protected through intellectual and industrial property rights. Therefore, the total or partial copy, reproduction, distribution, public communication and transformation, thereof is expressly prohibited. All rights are reserved, and trade names, trademarks or distinguishing marks contained therein are protected by law.

Furthermore, all the material posted and offered for purchase on this web is part of Isalda´s commercial activity. The design of all products belongs to Isalda and its intellectual and industrial property rights are protected. Consequently, its total or partial copy and/or any derogatory action against the abovementioned rights shall be prohibited.

Contents of this web and terms of use

Contents included in this web are exclusively provided to Consumers and end-users. Any unauthorized use is strictly prohibited, unless User obtains an explicit written permission from Isalda.

ISALDA reserves the right to interrupt the access to all or part of this web, at any time and without prior notice, for technical, security or maintenance reasons, control or failure in the electricity supply or any other justified reason. Therefore, Isalda does not guarantee the availability or continuity of its web or its Contents.

Isalda is not liable for any interruption of the service, delay, error, malfunctioning of its services and, in general, any other inconvenience over which Isalda has no control.

Therefore, Isalda shall not be held liable for any damages and consequential loss of any nature arising because of the wrong use of the web, the existence of viruses, malware or spyware in the contents, in spite of having adopted all the reasonable technological measures to avoid that sort of damages; or because of an improper use of the contents of the web, being the sole responsibility of the user who accesses or makes such use of the aforementioned contents.

Common rules for the use of the web

The User undertakes to use the contents and services of this web in accordance with the following rules:

  • Do not publish commercial messages by the web.
  • Do not collect other users’ contents or information.
  • Do not allow, introduce or generate viruses, malware, spyware or malicious codes in the web.
  • Do not request login information or access to accounts which belong to someone else.
  • Do not offend, intimidate or harass any user
  • Do not have or maintain illicit, deceitful, malicious or discriminatory purposes in the web, in accordance with this Terms and Conditions and the Spanish Law.
  • Do not act in any way that might endanger the safety of his or her account, particularly with regard to his or her password. User must communicate any incident related to his or her account and password, breach on his or her data confidentiality, or danger or threat in this regard.

Links

In the event this web contains links towards other Internet sites, Isalda does not exert any kind of control over those sites and contents and shall not held any sort of liability with regard the information or content they link to.

The presence of links in Isalda´s web serves a mere informational purpose and in no case implies suggestion, invitation or recommendation regarding the same. Likewise, inclusion of these external links shall not imply any kind of association, merger or involvement between Isalda and linked organizations.

Exchange or dissemination of information

ISALDA shall not be liable for any opinion expressed in this web or for the exchange of information among its users. Liability for statements published in Isalda web lies with those who make them.

User Responsibilities

User accepts all conditions and stipulations of this legal notice and, in accordance with the services used, the applicable Terms and Conditions and Privacy Policies of this web, understanding they represent Isalda´s willingness of provide the best service experience to User.

Furthermore, User will confidential and diligently keep its personal access information and password to the web.

Security, privacy and data protection policy

Whenever personal data are collected on the web, User must provide real, accurate and true information on the provision of personal data on the web. Isalda is responsible for processing user´s personal data with absolute confidentiality and security. User can find more information about data treatment at Isalda´s Privacy Policies.

Applicable legislation, controversies and jurisdiction

These Terms and Conditions shall be governed by the laws of Spain.
Any dispute arising out of or relating to the use of the Web will be submitted to the non-exclusive jurisdiction of the Courts where the registered office of Isalda is, unless the rules or the code of conduct set different forum.

PURCHASE CONDITIONS

The purpose of this document is to establish the general terms and conditions of access and purchase (hereafter, the conditions) to www.isaldashop.com (hereafter, the website) that will be updated regularly.  Any amendments are binding on site users, so please, check regularly this website and its Legal Terms and Privacy Policies (Isalda´s Policies), in order to ensure your compliance with them. If you have any questions about this Legal Terms or Privacy Policies, please, contact us by using our contact web form at Isalda.es

By accepting these Terms and Conditions, the User confirms to have read, understood and accepted its contents fully and unreservedly. In the event you don’t agree with this Terms and Conditions or with any of Isalda´s Policies please, do not use this website. All users are obliged to observe these terms and condition

All the personal data provided by users will be treated in accordance with the Privacy Policies. By accessing this website, users accept the present Terms and Conditions and declare that all the information or data provided to Isalda are correct.

  1. CONTACT

The Isalda website (hereinafter, “the website”) is the exclusive property of ISABEL FERNÁNDEZ LANZA (hereinafter, “Isalda”), with headquarters in 15th Velazquez Street, 1st floor, right door, 28001 Madrid, tax ID: 71928596-Y and mail address info@isaldashop.com. This website is designed to enable all users to obtain and access information, activities, products and services offered by Isalda. All of this information, activities, products and services shall be referred to in a joint manner within this document under the term “Content”

  1. TERMS OF USE OF THE WEBSITE

 

Intellectual Property

User acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in Isalda or its licensors. Please, read the Terms of Use and of this website. Users must only use this Content and Intellectual Property Rights as indicated above or at Isalda´s Policies. Any other use requires Isalda or its Licensors prior authorization.

Viruses, Hackering and other Cybercrimes

You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.

By breaching this provision, you may commit a criminal offence under the applicable regulations. Isalda will report any such breach to the relevant law enforcement authority and will co-operate with the appropriate authority to disclose the identity of the hacker.

Likewise, in the event of such a breach, your right to use this website will cease immediately.

Isalda accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website, from the downloading of the contents thereof or from such contents to which this website redirects.

Links

Isalda may have links from our website to other third party websites and materials. Such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

Written Communications

Applicable laws require that some of the information or communications Isalda send to Users should be in writing. When using Isalda´s site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. Please, bear in mind that this condition does not affect your statutory rights.

Notices

All notices should be sent to us via our web contact form. Subject to and as otherwise specified in Purchase Conditions above and unless otherwise stated, we may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such email was sent to the specified e-mail address of the addressee.

Suggestions, Complaints and Claims

Isalda welcomes your comments and suggestions. Please send all comments and suggestions, inquiries, claims or complaints to us via our web contact form or postal address you provide to us specified in clause 2 of these Conditions above.

In addition, we also have Official Complaint Forms available to consumers and users. You may request them to us via our web contact form. Your complaints and claims to our customer support will be dealt as soon as possible and always within the maximum term provided by the Law for this purpose. Likewise, will be registered with an identification code that we will contact you which will allow you to follow up on thereof.

  1. PURCHASE CONDITIONS

By using this website and/or by placing any order through it, you undertake:

  1. To use the website exclusively to make legitimate enquiries or orders.
  2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, Isalda shall be entitled to cancel the order and inform the relevant authorities.

To provide correct and accurate contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary to comply with the purposes intended in our Privacy Policy. Please, bear in mind that not providing all the information required may imply that Isalda won´t be able to complete your order or request.

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

Service and Product Availability

The items offered through the web are available for delivery worldwide. In case you have problem to determine the amount of shipping to your country or any other inconvenience to process your order, please contact us at our email contact info@isaldashop.com.

All Isalda leather goods are made in Spain following your exclusive pre-order by artisans with centuries-old tradition. Manufacture each piece takes between 15 and 20 days, so Users must wait between 20 to 25 days until they get their product. While Isalda is a fast growing brand, we are still a very small team, and nowadays these are our dates for product development. We are constantly endeavouring to improve our, but at this time, due to the finality of your purchase, we strongly encourage you to email us at info@isaldashop.com with any prior questions or concerns. We also strongly suggest you precisely note measurements and scale of all products before purchasing.

How to Order

To place an order, you will be required to follow the shopping process online and press the “Authorize Payment” button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). All orders are subject to Isalda´s acceptance. Isalda will confirm such acceptance by sending you a confirmation e-mail including all the information about the product acquired and the shipping process. An email also will be sent once the product is dispatched (the “Shipment Confirmation”).

Technical Means to Correct Mistakes

User can correct mistakes concerning to the personal data provided during the purchase process by writing to info@isaldashop.com, as well as to exercise the right of rectification provided in our privacy policy through our contact form.

Our website has confirmation Windows of each section of the purchase process. Likewise, our website provides details of all items that have been added to the User´s shopping bag, so that before making the payment, you will be able to check and, if necessary, modify the data of your order.

If an error is detected after the completion of the purchase process, you must contact Isalda immediately by email in order to correct the mistake before the manufacture starts to take place.

Products Availability

All products are tailor-made subject to availability of the same. Therefore, in the event there are difficulties regarding the supply of products, Isalda will reimburse any amount you may have paid.

Delivery

There will be no deliveries on Saturdays, Sundays or Holidays. Unless there are any special or exceptional circumstances, we will endeavour to send your order for products listed in each delivery confirmation within 20-25 working days from the date of the shipment confirmation, or in the estimated timeframe indicated when selecting the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

In the event Isalda is unable to comply with the delivery date, we will inform you of that situation and give you the option to continue with the purchase, by establishing a new delivery date, or to cancel the order with full reimbursement of the amounts paid.

The order delivery shall be understood to have taken place as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.

In the event the delivery of your order becomes impossible, it will be returned to our warehouse. We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, please contact us to change the delivery date as described in the “Shipment Confirmation”.

If after 14 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to Isalda, we shall assume that you wish to cancel the Contract and it will be terminated.  Due to the termination of the contract, transportation could have an additional cost. Consequently, we will be authorized to impact on the user the costs involved.

Risks Transmission and Products Ownership

You will acquire the ownership of the products when we receive full payment of all amounts due in relation to the same, including delivery fees, or at the moment of delivery (as defined in clause 3.5 above), if that were to take place at a later point in time.

The product risks shall be User´s responsibility from the moment of delivery.

Price and Payment

The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due as set out in the purchase process. Prices may change at any time but any potential change will not affect any order whose order confirmation had been already sent.

Once you have selected the articles you wish to buy, they will be added to your basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, by filling up or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. All user charges shall be detailed previously to the order confirmation, including the breakdown of prices and applicable duties.

You may use, as payment method, Visa, Mastercard and PayPal. We shall not admit other payment methods that those specified. All transfers and payments made through Isalda are carried through specific ports to ensure the data protection. All the data information is encrypted using payment gateways, and will not be stored.

Isalda guarantees the confidentiality of the data provided by users for the acquisition of the products offered on this website, and its treatment in accordance with the General Personal Data Protection Act 15/1999 of 13 December, which can be consulted at the link of our Privacy Policies.

Value Added Tax and Invoicing

Pursuant to the prevailing under article 68 of the Law 37/92, December 28th, about the Value Added Tax; all purchases done through the web site are subject to the Value Added Tax, except for those to be supplied directly to customers on Canary Islands, Ceuta and Melilla. The VAT rate shall be that in force in each moment for the items concerned.

Orders to be supplied in the Canary Islands and Ceuta and Melilla, would be VAT exempt, as provided under article 21 of the abovementioned Law, though they shall be subjected to the application of the relevant taxes and custom duties pursuant to the prevailing rules and regulations.

Likewise, Orders to other territories will be addressed to the tax regime applicable in each case, which will be detailed in the order confirmation and in any case, in the invoice.

You expressly authorize Isalda to issue the invoice in electronic form, though you may request the invoice in paper. In that event, we will issue and send you the invoice in that format.

Return Policy

Right of Withdrawal

When contracting as a consumer the User has the right to withdraw from the Contract, within 14 days, without giving any reason. The withdrawal period will expire the first weekday after 14 days from the day on which the User, or a third party other than the carrier and indicated by him, acquires physical possession of the goods or; in case of multiple goods in one order delivered separately, on the first weekday after 14 days from the day on which the User or a third party other than the carrier indicated and by him acquires physical possession of the last good.

To exercise the right of withdrawal, the User may notify Isalda by writing an email at  info@isaldashop.com  its decision to withdraw from the contract by an unequivocal statement, providing its name and the sentence “EXERCISE OF THE RIGHT OF WITHDRAWAL” in the email´s subject. You may use the model of withdrawal form we have included as Annex, though is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this Contract, we shall reimburse to you all payments received, excepting the costs of delivery without undue delay and, in any event, not later than 14 days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such transaction using the same means of payment that you used for the initial transaction. You will not incur in any additional fees as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is the earliest.

The User shall deliver the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this Contract to us. You shall yourself bear the direct cost of returning the goods. If you return the product to us at our expense, we will be entitled to charge you for the direct cost we may incur as a result.

You are only liable for any diminished value of the goods resulting from the handing other than the necessary to establish the nature, characteristics and functioning of the goods.

User will not have the right to cancel the Contract whenever its object is the supply of personalized items. User´s right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which where received. No reimbursement will be made if the product has been used more than just inspecting it in such a way it could have been done in a physical store, if products are not in the same condition as when they were delivered or when they have been damaged, so please, take care of the products while they are in your possession. Please, return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products, as well as the ticket received when the product was delivered.

After examining the article, Isalda will inform the User of whether he has the right to reimbursement of the amounts paid. You shall assume the cost and risk of returning the products to Isalda. If you have any questions, you can contact us on our contact form on our website.

Returns of Defective Goods

In the cases in which you consider that at the moment of delivery the product is not as stipulated in the Contract, you must contact us immediately via e-mail, providing the product details and the damage sustained. You must return the product to the address indicated on the ticket you would have received with the product when it was delivered. We will carefully examine the returned product and will notify you by e-mail within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the article shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming that the refund or replacement of the product is going ahead.

The amounts paid for the products returned due to any damage or defect, when it actually exists, will be fully reimbursed, including the delivery costs related to the sending of the article and the reasonable costs you incurred in for returning it to Isalda. The refund shall be paid by the same payment means you used to pay the purchase.

All rights recognized in current legislation shall be, in any case, safeguarded.

Guarantees

Isalda is obliged to deliver goods that are in conformity with the contract, being liable for any lack of conformity which exists at the time of 2 years.

Goods are in conformity with the contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which goods of that kind are normally used and (iii) show the quality and performance normal in goods of the same kind and which can reasonably be expected.

In this sense, if any of the goods were not in conformity with the contract, you must inform us following the procedure detailed above and by any of the means of communication provided for that purpose.

Please, bear in mind that the products we sell are artisan and tailored products and often have the characteristics of the natural materials used in their manufacturing these characteristics, such as variations in grain, texture, knots and color, may not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. We select only products of the highest quality, but natural characteristics are inevitable, and should be accepted as part of the individual appearance of the product.

Liability

Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of the said product. Notwithstanding the paragraph above, unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:

  • Loss of income or sales;
  • Loss of business;
  • Loss of profits or contracts;
  • Loss of forecast savings;
  • Loss of data;
  • Loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of this website.

Transfer of Rights and Obligations

The contract is binding for both you and us, as well as for our respective successors, transferees and heirs. You may not transmit, cede, levy or in any other way transfer a contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.

We may transmit, cede, levy, subcontract or in any other way transfer a contract, or any of the rights or obligations derived from the same, at any time during the life of the Contract.

To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have recognized by law as a consumer; or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.

Force Majeure

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

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular the following:

  • . Strikes, lock-outs or other industrial action.
  • . Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • . Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks.
  • The acts, decrees, legislation, regulations or restrictions of any government or public authority.

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

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms or of any rights or remedies arising from the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the paragraph on Notices above.

  1. PARTIAL NULLITY

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

  1. ENTIRE AGREEMENT

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

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

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

  1. OUR RIGHT TO VARY THESE TERMS

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

You will be subjected to the Policies and Terms in force at the time that you use this website or order products from Isalda, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority in which case it will apply to orders previously placed by you.

  1. LAW AND JURISDICTION

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

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

Consumers can also request the European-wide online dispute resolution system at the following link: EU online alternative dispute resolution system.

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

Model of Withdrawal Form

 (complete and return this form only if you wish to withdrawal from the contact)

To Isabel Fernández Lanza acting on behalf of Isalda

I hereby give notice that I withdrawal from my contract of purchase of the following goods: Ordered On/ Received On

  • name of the consumer
  • address of the consumer

signature of the consumer

date

(*)

Delete as appropriate

.