LEGAL CONDITIONS OF USE OF THE ORDER ELECTRONIC PLATFORM (ONLINE SHOP)
NOTICE TO THE USER
READ THIS AGREEMENT CAREFULLY. ACCESS AND USE OF THIS ELECTRONIC ORDER MANAGEMENT PLATFORM SERVICE IMPLIES ON YOUR PART AN EXPRESS ACCEPTANCE AND WITHOUT RESERVATION OF ALL THE TERMS OF THESE CONDITIONS, HAVING THE SAME VALIDITY AND EFFECTIVENESS AS ANY CONTRACT WRITTEN IN WRITING AND SIGNED.
YOU SHOULD EXPRESSLY ACCEPT THESE CONDITIONS AT THE TIME OF REGISTERING AS AN AUTHORIZED USER TO PERFORM COMMERCIAL OPERATIONS ON THE WEBSITE.
THE FULFILLMENT OF THESE CONDITIONS WILL BE EXIGIBLE WITH RESPECT TO USERS ACCESSING THE ONLINE STORE SERVICE AND MAKING USE OF THE SERVICE AFTER FILLING THE ESTABLISHED IDENTIFICATION FIELDS AND IDENTIFYING THEMSELVES AS A PHYSICAL OR LEGAL PERSON. IT IS INFORMED THAT THE RESPONSIBLE OF THE WEB SITE IS TO FILE THE ELECTRONIC DOCUMENT IN WHICH THE ORDER IS FORMALIZED, WHEN THE USER CAN ACCESS THE SAME ONE, ONCE REGISTERED, AS ESTABLISHED IN POINT 2.6 OF THE PARTICULAR CONDITIONS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONDITIONER, DO NOT ACCESS OR USE THE ONLINE STORE SERVICE.
The present conditions are intended to regulate the conditions of access, use, request and order management accessible from the website https://www.lorddrakekustoms.com (hereinafter, the Website) or from any other Internet addresses that recontract the same.
The Website is the responsibility of LORD DRAKE KUSTOMS S.L., with C.I.F./N.I.F. nº B93284735, and with registered office at C / Los Cántaros, 9 – 29700 Vélez-Málaga (Málaga) and registered in the Mercantile Registry of Málaga, Volume 5189, folio 62, inscription 1 with sheet MA-120061.
The contact email address is:
The Website makes these conditions available to users, so that they can be stored and reproduced, thus complying with the legal duty of prior information.
The request for orders through this electronic platform can only be made from the Internet, through the Website, once the user condition has been acquired.
2. SPECIFIC CONDITIONS OF USE
2.1 Acquisition of the user condition.
The use of the electronic order platform is limited only to natural or legal persons, who, in accordance with the applicable legislation, has or acquires the status of consumer or final recipient.
To access the electronic platform and be able to make any request must register as users, for this purpose fill in the identification fields that are requested in the registration form provided for the creation of new user, being expressly prohibited its use to minors. Registered users will have a personalized username and password that will identify you as a platform client; being held exclusively responsible for not disclosing to third party said personal identifier of registered user. In case there is any suspicion of unauthorized use by the registered user of the name or password, you must notify the person responsible for the Website as soon as possible.
All orders placed with the user’s personal password will be considered validly made by the customer and will be binding for the customer, giving rise to all the rights and obligations derived from these general conditions of use.
2.2. Procedures and requirements for placing orders.
To carry out the realization of an order on the Website, the following steps must be followed:
- Enter the Website as a registered user, with the name and password authorized to access the electronic order platform.
- Fill in the obligatory fields indicated in the respective order form.
- Select the product or products and add them to the shopping cart.
- Specify, for each product, the quantity that is desired and click on the option “SEE CART” to see the complete order, and if it is correct, select the option “FINALIZE PURCHASE”. If there is a product that you do not want, you can delete it at this time.
- Once the order has been confirmed, the delivery address and billing address will be displayed. If there is an error in the same, or your personal user data have been modified, you must suspend the execution of the order in order to update your registered user data.
- Finally, select the option “MAKE THE ORDER”. Once the order confirmation has been made, it will remain in the “pending” state pending confirmation of payment.
- Registered users can check the status of their orders, which can be: “pending confirmation of payment” “in service” “completed” and “canceled”.
THE RESPONSIBLE OF THE WEBSITE RESERVES THE RIGHT TO SUSPEND THE PROCESSING OF AN ORDER AND RETAIN IT IN THE EVENT THAT THERE ARE DOUBTS ABOUT THE AUTHENTICITY OF THE USER WHO ASKS HIM, AS WELL AS IN THE EVENT OF ANY PAYMENT OF PREVIOUS ORDERS. ALSO RESERVES THE RIGHT TO WITHHOLD THE ORDER IF IT IS NECESSARY TO CONFIRM SOME EXTREME OF THE SAME.
THE PRICES OF THE PRODUCTS THAT APPEAR SHOWN IN EUROS WITHIN THE ONLINE SHOP WILL INCORPORATE THE APPLICABLE TAXES, WHICH WILL BE THE APPLICABLE TAXES ACCORDING TO THE TAX RATE AT THE MOMENT OF MAKING THE ORDER.
2.3. Way to pay.
The following forms of payment are made available to the registered user:
The Website accepts payments with VISA and MasterCard
When placing the order, the client will provide the data of his card, which will be stored directly in his client file during the purchase process.
The customer can pay for their order through the Paypal payment system.
The user can pay for their order by bank transfer in the account indicated in the Online Store. The owner of said bank account is responsible for the website.
2.3.4-Deferred payment method
The person responsible for the Website may expressly authorize in other exceptional cases other forms of deferred payment to large regular customers.
2.4. Response procedure and shipping method.
Shipments of the goods whose order is managed through the electronic platform through the shopping cart formula will be sent through external transport companies such as Correos and UPS. The shipping costs are included in the final price.
In all cases, the goods will be transported at the buyer’s risk.
2.5. Claims and nonconformities.
Any defect or deterioration that could be noticed by the client in the transported merchandise, must make it clear to the carrier, making the appropriate claim in the act of receiving the merchandise.
IN ANY EVENT, IT IS ESSENTIAL THAT THE PRODUCTS BE RETURNED IN THEIR ORIGINAL PACKAGINGS AND SEALS. IN NO EVENT WILL MERCHANDISE RETURNS, OR CLAIMS BE BEEN ADMITTED ON THEM, ONCE YOU HAVE BEEN FOURTEEN NATURAL DAYS SINCE ITS RECEIPT.
In case of discrepancies or any error on the product received, the client must inform the Website in writing, within a maximum period of fourteen calendar days from the date on which the order was received, by any of the following means:
The general procedure of claims for disagreement with the order served is as follows:
- The user receives a merchandise with which he is not satisfied and wants to return, or has any other claim
- After informing the person in charge of the Website, after verifying the veracity of the claim, it will proceed directly to make the order of collection and to give the corresponding solution within a maximum period of fifteen days.
- The return postage will be charged to the user or the person responsible for the Website, depending on the reason for said return. The person responsible for the Website will conveniently inform the user at this point within the maximum period indicated in the previous point.
- In the event that no agreement is reached between the parties on the cause of the claim and / or return of the product, the user will be free to exercise the appropriate legal actions, both extrajudicial and judicial, in the exercise of their rights as a consumer.
2.6. Other procedures
By entering as a registered user on the Website, the following procedures may be observed:
- Check orders
Through the “Orders” section, you can consult the history of the orders, as well as the status and status of the same. Entering a certain order, the user can access the electronic document in which the aforementioned order has been formalized, since it is filed by the person responsible for the Website, in order to respond to any claim made by the user in this regard.
- Content download
In this section you can download and / or print the general conditions of Sale.
3. OBLIGATIONS OF THE PARTIES
Without prejudice to any other obligations arising from these conditions for the supplier distributor, responsible for the Website, and / or for the customer, both parties undertake to observe and comply with the following:
The RESPONSIBLE OF THE WEBSITE commits to the following:
- Make available to customers and users the necessary information of the products and merchandise to be purchased within the Website.
- Once the order has been made by the client, send a check by email that indicates receipt of the request or order placed.
- Make available to the customers and users the present conditions of use of the electronic order platform, so that they can be stored, filed and / or printed by the user.
- Warn and inform customers and users of any change that may occur in these conditions of use.
- Answer and inform the client as soon as possible about any incident in the order placed.
- Comply with current legislation on data protection in order to safeguard the information provided by the client.
The CLIENT undertakes and will be exclusively responsible for:
- To assume the payment of the merchandise whose order has been made through the electronic platform of orders of the Website.
- Safeguard and maintain in absolute confidentiality the identifier provided as a registered user within the Website, as well as your personal password, taking responsibility for not communicating it to any unauthorized third party.
- Expressly authorize and consent to the transfer of your personal data to LORD DRAKE KUSTOMS, S.L., (hereinafter LDK) with C.I.F. nº B93284735 and with address at Calle Los Cántaros nº 9, 29700, Vélez-Málaga (Málaga), for the purposes of processing and managing the orders placed.
- Any act performed differently to the indications or instructions designated on the Website about the management of orders through the electronic platform.
- The accuracy, accuracy and timeliness of the data with which you fill in each of the forms that are collected on the Website.
- The direct or indirect manipulation of the content that appears on the Website for fraudulent purposes.
- The direct or indirect damages that have been caused by any third party if the client and / or registered user lost, revealed neglected, or, in any way, let a third party know the data and information necessary to access the platform electronics and managing the ordering of products supplanting the identity of the customer.
- All acts that come to infringe the industrial and intellectual property of the Website.
- Any illegal act or omission that contravenes the provisions of these conditions.
4. RESPONSIBILITIES AND LIMITATIONS
The person responsible for the Web service can not guarantee that the use of the Website and / or the electronic platform will be continued or uninterrupted. Likewise, it can not guarantee that the information provided is free of errors, the information being merely informative and not binding for the person responsible for the Website.
Consequently, the person responsible for the Website does not guarantee or be responsible for:
- The uninterrupted continuity in the use of the Website, as well as the lack of availability and / or accessibility of the same.
- The absence of errors in the use of the Website.
- The absence of viruses and other harmful components on the Website or on the server that supplies it.
- The invulnerability of the Website and / or the impregnability of the security measures adopted in it.
- The damages or damages caused to itself or to a third party, any person that violates the conditions of use of the Website or its security systems.
- Any other damages that may be caused by reasons inherent to the non-functioning or malfunctioning of the Website or the links located in the domain.
Nevertheless, the person in charge of the Website declares that he has adopted all the necessary measures, within his possibilities and the state of the technology, to guarantee the functioning of the electronic platform and avoid the existence of harmful components for the clients and / or users
The service provider makes every effort to avoid errors in the contents published on the Website, in particular those relating to the description and price of products and merchandise. All the contents offered through it are up-to-date, and the person in charge of the Website reserves the right to modify them at any time. In any case, the service provider is not responsible for the consequences that may arise from errors that may appear in the content collected on the Website and / or electronic platform.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The person in charge of the Web Site is the owner or has obtained the corresponding license or authorization on the rights of exploitation in the matter of intellectual, industrial and image property on the available contents through the electronic platform of orders, among others for merely enunciative and not exhaustive, texts, graphic designs, drawings, codes, software, catalogs of products, photographs, videos, sounds, databases, indexes, images, brands, logos, expressions and information and, in general, any other creation protected by the national norms and international treaties on intellectual and industrial property (hereinafter, together, the Contents).
All rights of intellectual and industrial property are reserved for the Contents and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included in the Website, either images or text, for public or commercial purposes, if you do not have prior authorization, expressly and in writing from the owner of the corresponding rights.
The access and navigation of the user by the Web Site, as well as the use of the electronic platform of orders, in no case will suppose a renunciation, transmission, license or total or partial cession of the aforementioned rights.
Consequently, it is not allowed to delete, avoid or manipulate the copyright notice (“copyright”) and any other information identifying the rights of their respective holders included in the Contents, as well as the technical protection devices, or any other information and / or identification mechanisms that may be contained in them.
References to names and trademarks or registered, logos or other distinctive signs imply the prohibition on their use without the consent of their legitimate owners. At no time, unless expressly stated access or use of the Website and / or its contents, gives the user any right over the brands, logos and / or distinctive signs included in it protected by law.
The processing of personal data, as well as any other information requested from users for the management and processing of online queries within the Website, will be carried out subject to the provisions of Regulation (EU) 2016/679 of the Parliament European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of these data (hereinafter RGPD), the Organic Law on Data Protection of personal character and Spanish development regulations, as well as Law 34/2002, of July 11, on services to the information society and electronic commerce; being treated in order to manage the contractual relationship arising from the processing of orders within the electronic platform (Online Store).
For the purposes established in arts. 13 and 14 RGPD (right of information in the collection of data), the client is previously informed that the data collected when registering as a user will be part of the CLIENTS file, registered in the General Registry of the Data Protection Agency, of which The owner of the Website is responsible. The purpose of this file is the management, control and billing of orders made by registered users through the electronic platform (Online Store), obeying said collection of personal data to a commercial relationship of purchase and sale of retail merchandise through catalog.
The user is also informed that the information provided is subject to the commercial relationship established in the electronic order and will not be used for any purpose other than that envisaged, which is determined by the commercial relationship established for that purpose.
Likewise, with the confirmation of sending personal data through the form provided on the Website, the user grants express consent for the processing of their personal data for the following purposes:
- The processing and management of the products purchased through the electronic order platform, billed by the person responsible for the Website, in accordance with the data collection form provided in said domain.
- The delivery of advertising information of offers and liquidation of the products offered within the electronic platform of orders and marketed by the person in charge of the Website, likewise, the user expressly authorizes the reception and sending of advertising information of offers and liquidation of articles marketed within the electronic order platform.
- The data will be kept indefinitely by the person in charge of the Website, for statistical purposes regarding the volume of orders made by the user, unless the client makes use of any of his right of cancellation, deletion, limitation of treatment or portability of the data.
- In case of breach of the purposes provided in this condition by the party responsible for the Website, the user has the right to file a claim with the Spanish Agency for Data Protection.
Similarly, in compliance with the Principle of data quality, the user agrees to provide true, accurate, complete and updated data, so that they respond truthfully to the situation of this.
7. RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION, OPPOSITION, SUPPRESSION, LIMITATION OF TREATMENT AND PORTABILITY OF DATA
The person in charge of the Website informs the user that he / she can exercise the rights of access, rectification, cancellation, opposition, deletion, limitation of the treatment and portability of the data in the terms provided in the current legislation, by express request addressed to the person in charge of the Website which must contain:
- Name and surname of the interested party, photocopy of your ID, passport or other valid document that allows identification.
- Petition in which your request is specified.
- Address for communications purposes.
- Date and signature of the applicant.
- Documents accrediting the request that formulates, if applicable.
The aforementioned request will be handled by the person responsible for the Website in the terms set forth in the RGPD and in its corresponding development regulations.
8. DURATION AND MODIFICATION OF THE SERVICE
These conditions will remain in force and will be valid for as long as they are accessible to customers and users through the Website.
The person in charge of the Website reserves the right to modify the terms and conditions stipulated here unilaterally, being obliged to announce any change in these conditions. The temporary validity of these conditions coincides with the time of their exposure, until such time as they are totally or partially modified.
The user expressly accepts the use of electronic mail as a valid procedure for the exchange of information and the submission of communications between and / or with the person responsible for the Website.
Each of the parties will be responsible, exclusively, for the fulfillment of the obligations that for each one of them derives from the current regulations that result from application and should leave the other unscathed against the actions, demands and / or claims that third parties can exercise for the breach of them.
In the event that any provision or provisions of these general conditions are considered null or unenforceable, in whole or in part, by any court, court or competent administrative body, such nullity or non-application will not affect the remaining provisions. In this case, the parties agree to substitute the clause or clauses affected by another or others that have the effects more similar to those of the substituted ones.
The non-exercise or execution by the person responsible for the Website of any right or provision contained in these general conditions of use will not constitute a waiver thereof, unless acknowledgment and agreement in writing by him.
9. APPLICABLE LEGISLATION AND COMPETENT COURTS
The present conditions of use of the electronic platform of orders of the Web Site will be governed and interpreted in accordance with the established in the European and Spanish normative that results of application to the same ones.
10. WARRANTY OF PRODUCTS PURCHASED IN SPAIN
To claim and enforce the guarantee, the consumer can address both the seller and the manufacturer of the product.
- The law establishes a general term of 2 years of guarantee from the purchase.
- If the defect comes to light during the first 6 months from the delivery of the good, it is presumed that it is a defect of origin, the consumer should not prove anything to get the guarantee applied.
- If the problem manifests itself after these 6 months, the manufacturer or the seller can demand that the consumer demonstrate that the failure existed at source.
11. WITHDRAWAL FORM
The consumer has the right to withdraw from any contract concluded at a distance within 14 calendar days without any need for justification, being able to use the form that is attached according to its instructions for use.
12. MODIFICATION OF SERVICE OR VARIATION OF CONDITIONS
The person responsible for the Website reserves the right to make changes to the terms and conditions of the contractual relationship established. If any of these Conditions of Use were declared invalid, void, or for any ineffective reason, said condition may be excluded, without such declaration affecting the rest of the conditions validly established and regulated in this document.
Cookies are unique identifiers that the Website sends to the device from which the user connects for the purpose of storing data that can be updated and retrieved by the entity responsible for its installation. Depending on the entity that manages the domain from which the cookies are sent, they can be classified into:
- Own cookies, which are those that are sent to the user’s terminal equipment from a computer or domain managed by the person responsible for the Website and from which the service used by the user is provided.
- Improper or third-party cookies, which are those that are sent to the user’s terminal equipment from a computer or domain that is not managed by the person responsible for the Website, but by another entity that deals with the data obtained through cookies.
Most of the cookies maintained on the Website affect the so-called own cookies, with the purpose of accessing and entering the user, authenticating or identifying the user when logging in, as well as the user’s security in the orders placed .
In any case, for the purposes of this contract, the user agrees and accepts to receive cookies in order to automatically identify the data of your account and password, the session held, to control the traffic and navigation of the Website, as well as the criteria of access to the service.
On the other hand, the user also consents and accepts to receive advertising cookies, but only in reference to the articles marketed on the Website and the anticipated offers. These cookies will never contain advertising spaces of third parties, unrelated to the commercial relationship maintained by the person responsible for the Website with the user. The recipients of these cookies will always be responsible for the Website and the wholesale distributor of stationery, whose identification is contained in this document, and the purpose of the aforementioned advertising cookies is to inform about the offers of the products and articles marketed by the user They may be of your interest.
14. ALTERNATIVE CONFLICT RESOLUTION
In accordance with the provisions of Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / CE, we provide you with access to the following link of the online dispute resolution platform ODR (Online Dispute Resolution): http://ec.europa.eu.eu/consumers/odr/.
Claims submitted may be directed to the email address of the person responsible for the Website, indicated at the beginning of these legal conditions.
The deadline to resolve these conflicts is ninety calendar days. After submitting a claim it is advisable to try to contact the person in charge of the Website, since the person with whom you have a complaint must agree to participate in the procedure, or can propose one or several extrajudicial conflict resolution bodies to process the corresponding claim . Once the claim is accepted there is a period of thirty days to agree between the parties the body that will process it and if no agreement is reached in this regard, the claim is closed. Claims must be submitted by oneself or through a legally authorized representative.
This platform is an alternative route to the traditional judicial route for resolving conflicts related to electronic commerce within the European Union; It constitutes a one-stop shop for consumers and merchants who wish to resolve litigations in this matter out of court. Its use is free and it is accessible at the link indicated above: http://ec.europa.eu/consumers/odr/ in all the languages of the European Union.