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On-line Purchase Conditions

On-line Purchase Conditions LAURAPATERSON.ES

 

1. INTRODUCTION

This section sets forth the terms and conditions of sale on this website and the contract linking the site (laurapaterson.es) and the purchaser (you) (from now on referred to as "conditions")
These conditions convey both rights and obligations of all users ( from now on referred to as "you"/ "your") and of LAURAPATERSON.ES (from now referred to as "us" / "our" / "the seller") relating to all products/services offered via our website or any other website linked to our site by redirection (referred to as "services offered by Laura Paterson). Please review the terms and conditions and privacy policy before carefully before authorising payment. By visiting and buying on this website you are agreeing to our terms and conditions and privacy policy. Therefore should you not agree with these conditions please do not purchase on the site.

Laurapaterson.es may update or modify these Terms and Conditions at any time and without prior notice. For this reason, you should review these terms and conditions each time you purchase products from us. If you have any questions regarding the conditions of purchase or the privacy policy you can consult our website or contact us via the online form. SMART SHOPPING S.L operating under the name of  LAURA PATERSON, is a Spanish company legally registered in Murcia, Spain  (Tomo 2815, Libro 0, Folio21, hoja MU-74618, inscripción 1, on the 19th of April  2011, located at Avenida Teniente Montesinos, númber 8 (Torre A – planta 4), CP30100, Espinardo, Murcia (Spain) with tax number B73709131.

 

2. USE OF OUR WEBSITE

Only the following terms and conditions are those applicable when purchasing on this website, overwriting any others unless previously authorised in writing by the seller.  These conditions are important for both parties as they present a legally binding contract protecting your rights as a client and our rights as a company. By purchasing goods you have stated that you have read and agreed to the following terms and conditions:

You agree to:

  • Only use this site to browse or process legitimate orders.
  • Speculative, false or fraudulent orders are completely forbidden. Should we believe this to be the case we will cancel the order and inform the relevant authorities.
  • You also agree to provide us with an existing and correct contact email address, postal address and/or any other contact details required enabling us to contact you should it be deemed necessary (please refer to our privacy policy)
  • If contact details are not provided we are unable to process your order.

By placing an order online you are confirming that you are over 18 and have a legal capacity to enter legally binding contracts.

 

3. PRODUCT AVAILABILITY

Products on this site are available for shipping to the following countries only: Germany (except Helgoland and Büsingen), Spain, Germany, Austria, Belgium, Bulgaria, Denmark, Slovakia, Slovenia, Estonia, Finland, France, Greece, Holland, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Poland, Portugal, UK, Czech Republic, Romania and Sweden.

 

4. HOW TO FORMALISE A CONTRACT

The present information and web details are not regarded as a confirmed sale but as an invitation to do business. There will no contact between us regarding the goods until your product request has been accepted by us. If your request has not been accepted but your account debited a full refund will be issued.
To make a purchase you should follow the online instructions and click on "authorize payment". Once this has been done you will receive an email confirming the order (order confirmation) Please note that this email is not a confirmation of purchase but confirmation that we have received your offer. All orders are subject to approval and if approved you will receive an email confirming shipment of such (shipping confirmation). The purchase contract will be binding once we have sent you "shipping confirmation".

Only those products which are listed on the shipping confirmation are subject to contract. We are  not liable for products requested in the same order until a shipping confirmation has been sent.

 

5. PRODUCT AVAILABILITY

All products are subject to availability. Should there be a problem with the article requested or if it is out of stock we reserve the right to inform you of similar products available.  If you do not wish to receive the replacement article suggested, all amounts deposited will be refunded.

 

6. REJECTION OF A PLACED ORDER

We reserve the right to discontinue and/ or modify merchandise at any time without prior notice.  Although we will do everything possible to confirm and ship all accepted offers we may deem it necessary and reserve the right to cancel an order even after having confirmed it.

We may not be held responsible by you or a third party for the discontinuance of merchandise from the site, regardless of whether the product has been sold or not, for the removal or modification of material or content on the site or for cancelling an order once the shipping confirmation has been sent.

 

7. ORDER CANCELLATIONS

As a consumer you have the right to cancel the order 20 days from reception of the shipping confirmation. We will offer full refunds following the guidelines set out in our return policies (clause 13).

Your right to cancel the contract can be applied only to merchandise returned in the same perfect condition as received. All instruction manuals, documents and packaging should be included.
No refund will be issued for damaged goods, it is therefore in your interest to take care of merchandise whilst in your possession, keeping the original packaging should you need to return the purchase.

More details about this consumer right recognised by law and how to exercise it as laid out in clause 13 in the terms and conditions will be available on the shipping confirmation.

This does not affect your consumer rights recognised by law.

 

8. DELIVERY

Without prejudice of that established in clause 5 and unless extraordinary circumstances arise our intention is to dispatch the order stated on the shipping confirmation before the delivery date assigned on the confirmation or if no date figures within 15 days from the date of the shipping confirmation email.

Delay can be due to the following reasons:

  • Personalisation of the products;
  • Specific articles;
  • Unforeseen circumstances; or
  • Delivery area;

If for whatever reason we are unable to meet the delivery date we will inform you of such, giving the client the option going ahead with the purchase setting a new delivery date or cancelling the order and refunding amounts paid. Please note that no deliveries take place on Saturdays or Sundays.

The merchandise is understood and accounted as being delivered once they have been signed for at the delivery address..

 

9. INABILITY TO DELIVER 

If after two visits we have not been able to deliver the courier will try and find a secure  place to leave the parcel. A note will be left as to where your parcel is and how to retrieve it.  If you are not going to be present on the day and time of delivery please contact us to arrange another time more convenient.

 

10. PROPERTY AND RISK TRANSFER

You will be responsible for the merchandise once delivery is complete.
Ownership will be transferred either once we have received full payment, or the merchandise is signed for (as set out in clause 8) should this be done later.

 

11. PRICE AND PAYMENT

Pricing will be set at all times by the website, except for expressed error. Even though we try to ensure that all prices that figure on the page are correct mistakes may be made. If a pricing error is discovered on a product which you have ordered you will be informed as soon as it is possible and you will be given the choice of purchasing the product at the correct price or of cancelling the order. If we do not manage to contact you the order will be cancelled and you will be refunded all amounts received.

We are not obligated to provide the products at the lower incorrect price (even after having sent you the shipping confirmation) if the error is obvious and unmistakable, fully recognised by yourself as being incorrect. Prices include tax and postage.

Prices can change at any time, but (except for that previously mentioned) the new pricing will not affect those orders where a shipping confirmation has already been sent.

Once you have finished shopping and all desired merchandise has been added to your shopping cart you have to process the order and make the payment. To do this:

  • Click on  "Shopping cart" at the top of the screen
  • Click on “Review Shopping cart”.
  • Click on "Buy".
  • Fill in or revise your contact information, order details, the delivery and invoicing address..
  • Introduce your credit card details.
  • Click on "Authorize payment"

You can pay Visa, MasterCard, American Express, Affinity Card and PayPal. To minimise the risk of non-authorised access your credit card details will be coded. Once we have received your order your credit card will be verified to ensure that funds are in place to finalise the transaction. Full payment will be charged once the merchandise has left our warehouse.

If you are paying by PayPal you will be charged when we confirm the order. By clicking on "Authorize payment" you are confirming that you are the titleholder of the credit card used
We use «CYBERTRUST» to ensure that payment has been made securely.

Credit cards are subject to verifications and authorisation by the issuing banks. If payment is not authorised we are not responsible for delays in delivery and no contract can be formalised.

 

12. VALUE ADDED TAX (VAT)

Following current legislation all purchases made will be subject to IVA (VAT) unless being shipped to Canary Islands, Ceuta and Melilla.

To comply therefore with Chapter I in Title V of council directive 2006/112 on the 28th of November 2006, relating to the common system of IVA (VAT) the amount designated will depend on the current legislation of the country of delivery.

According to regulations applicable in every jurisdiction, for deliveries of goods made in certain EU member countries to an employer or professional consignee, the rule “passive subject inversion”(article 194 of the Directive 2006/112) could be applicable which would mean no VAT repercussion on SMART SHOPPING, S.L. with no prejudice for the consignee obligation of self-charging accrued tax from the operation.

For orders to The Canary Islands, Ceuta y Melilla, purchases will be VAT exempt (article 146 of the directive) without prejudice of the application of the taxes and duties regulated in each jurisdiction.

 

13. EXCHANGES AND RETURNS

Returns when relinquishing the purchase
General Policy: You can return the merchandise within the period stipulated in clause 7 by handing it to a courier following instructions laid out in "RETURNS" on our website. You should contact us via our returns form so we can organise the pick up. Both options are free of charge. If you decide to return the merchandise in a different manner you will be responsible for the cost. Please note that should you decide to return the merchandise "paid on delivery" we are authorised to charge you any costs encountered.

If you have any questions please contact us via the contact form or by calling (+34) 968 833 830.

Please return the merchandise with the original packaging, instructions, documents and any wrapping.

After checking the merchandise we will inform you whether you will be refunded. The refund will be issued as soon as possible within the 30-day period from the date you notified the return. You will be refunded in the same means used in the purchase.

We will not exchange or refund any merchandise which is not returned in the same perfect standard that it was sent , nor will we refund used merchandise. You can only exchange for the same product in a different colour or size.

 

Returns of faulty goods
If you believe the product received is not as stipulated in the contract you should contact us immediately via our contact form with all the product details and why it is faulty or you can telephone us on (+34) 968 833 830 where we will inform you how to proceed.

You can return the product by handing it to the courier we will send to the pick up address. Once received we will examine the merchandise and will inform you via email within a reasonable time with the decided outcome (refund or exchange). We will refund or exchange as soon as possible, within the 30 days following our email confirming the process of return.

All amounts paid for those products returned due to it being faulty and then confirmed to be the case, will be refunded in full. The refund will also include any transport costs met and will be returned in the same means used in the purchase.

Current consumer Rights in force are not affected.

 

14. RESPONSibility and RESPONSIBILITY EXEMPTION

Our responsibility to any product purchased on our website is strictly limited to the product’s price.
Nothing in the present conditions exclude nor limit in any way our responsibility.

  • In case of death or personal damages due to our negligence. In the case of fraud.
  • In any illegal or illicit matter which we exclude, limit or try to exclude or limit our liability.

Without prejudice to that mentioned in the previous paragraph and permitted by law, and unless stipulated otherwise by these conditions we are not to be held responsible for indirect damages occurred as a secondary effect of loss or principle damages produced in any way provoked by civil offence (including negligence), breach of contract or others even if they could have been foreseen.

The following are included without limit:

  • Loss of earnings or sales;
  • Loss of business;
  • Loss of profits or loss of contracts;  
  • Loss of foreseen savings;
  • Loss of data; and
  • Loss of management hours or office hours.

Due to the open access available on the site, the possibility of storage errors and the transmission of digital information we cannot guarantee precision and security of the information transmitted or obtained via the site unless expressly established on the site.

All product description, information and materials which are on this web page are "found to be as they are" with no specific or implicit guarantees.

We exclude all guarantees, permitted within the law, except for those not possible to exclude due to consumer law.

Neither your consumer rights nor your right to contract cancellation are affected.

 

15. INTElLECTUAL property

You acknowledge and agree that all copyright, branding, registered trademark and all other intellectual property rights on the products included on the site belong at all times to us or who issued us the license for their use. You can use such material only in the way permitted by us and when authorised by us or those who have issued us the license for their use. Copying contact or order information is allowed.

 

16. WRITTEN NOTICES

The current regulation requires that part of  the information or communication given be issued in writing. By using this web site you accept that the majority of communications be done electronically. We will contact you via email or we will publish information on the site. To contractual effects you accept this electronic method of contact and acknowledge that all contract, notification, information and other communications sent electronically comply with all the legal requisites. This does not affect your rights by law.

 

17. NOTIFICATIONS

All notifications sent by you should be done so via our online contact form. As set out in Clause 16, unless otherwise stipulated, communications will be sent either to an email or to a postal address provided when making an order..

It will be understood that the notifications have been received and correctly produced once they are uploaded onto the site, 24 hours after having sent an email or three days after the postage stamp on a letter.  Proving that an address is correct, that it is stamp correctly and that it was left at the post office or in a post-box is proof enough that a notification by letter has been given. In the case of an email, that it was sent to the address provided by the receptor.

 

18. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between us is as equally binding for both parties, as it is for our successors, assignees and trustees. It is forbidden for you to transfer, hand over or mortgage in any way or form the contract or any of its rights or obligations in your favour or for yourself without having previously obtained our written consent.

We can transfer, hand over or mortgage in any way or form the contract or any of its rights or obligations in our favour or for our benefit at anytime throughout the contract’s validity. Such transfers, handovers and mortgages will not affect your rights, recognised by law. Nor will it annul, reduce or limit in any other way that guarantees stipulated.

 

19. CIRCUMSTANCES BEYOND OUR CONTROL

We cannot be held responsible for any incompliance or delay in the compliance of any of our obligations stipulated in the contract owing to circumstances beyond our control.

Circumstances beyond our control include any act, event, lack of exercise, omission or accident which are beyond our reasonable control and include especially (with no limitation) the following:

  • Strikes, lockouts or other  protests.
  • Civil unrest, uprising, invasions, terrorist attack or threat, war (declared or not), threat of war or preparation of war.
  • Fire, explosion, storm, flooding, earthquake, sinking, epidemics or any other natural disaster.
  • Impossible to use trains, boats, airplanes, motor transport or other forms of transport, public or private.
  • Impossible to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions by other governments.
  • Strikes, errors or accidents with the sea, river, postal or any other kind of transport..

It is understood that our contract obligations will remain cancelled throughout the period that the circumstances beyond our control continue and will count with a time extension to meet our obligation. We will put all efforts into help finalise the circumstances or to find a solution with which we can meet our obligations as stipulated in the contract regardless of the circumstances.

 

20. RELINQUISHMENT

If, during a contract we stop insisting on its strict compliance on any of the obligations or conditions, or if we were to stop exercising any of the rights or resources that we are authorised by the such mentioned contract or conditions this does not constitute a relinquishment of such rights or resources, nor does it exonerate you from complying with your obligations. Relinquishments that we request in order for contract compliance in no way constitutes relinquishment on our part  for future dealings.

No relinquishment on our part on any of these present conditions will take effect unless stipulate specifically and notified in writing conforming to "Notifications" found above in this document.

 

21. DIVISION

If any of the present conditions or regulations are found invalid, illegal or unenforceable in any way by the relevant authority they will be removed from the conditions. The remaining conditions will be considered valid unless otherwise stipulated by law.

 

22. CONTRACT INTEGRITY

The present conditions and all documents referring to such conditions constitute the agreement held between yourself and us, replacing any other prior written or oral pact, agreement or promise previously reached.

Both parties agree on the present contract without influencing each other with promises or declarations except for that stated in the conditions hereby stated.

In the case of a discrepancy neither party will be able to present any information (written or oral) prior to the date of contract (unless it regards a fraudulent purchase) The only resource available will be for breach of contract as stipulated in the present conditions.

 

23. OUR RIGHT TO MODIFY THESE CONDITIONS

We reserve the right to modify and revise the present conditions at any time. You are subject to the policies and conditions in force at the time of each purchase unless the law and other governmental institutions enforce a change in such policies, conditions or privacy policies. In such case the changes will also affect those orders made prior to the changes.

 

24. APLICABLE LEGISLATION  JURISDICTION

All purchase contracts via our website will follow Spanish legislation. Any discrepancies regarding such contracts will be disputed, not necessarily exclusive, in the legal courts of Murcia.

If you are contracting as a consumer your rights are not affect.

 

25. COMMENTS AND SUGGESTIONS

All comments and suggestions are welcome. Please send them via the available contact form.

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