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INFORMATION PRIOR TO CONTRACT

All present General Conditions of Contract are in agreement with the provisions of the Ley 34/2002, servicios de la sociedad de la información y de comercio electrónico (Services of the Information Society and E-commerce), the Ley 7/1998, Condiciones Generales de Contratación (General Conditions of Contract), and other applicable regulations. Together with the Particular Conditions that can be established in each individual case, they will explicitly regulate the relationship between JUSTINO DELGADO, S.L., CIF nº B79231759; Madrid, C/ Aguacate, 54 (28044) (hereinafter, JUSTINO DELGADO) and any third party (hereinafter, “User” or “customer”) which acquires the items that are offered through the website www.tiendajustinodelgado.com.

Use of the Website and/or the acquisition of any of its items means that the User unreservedly accepts each and every General Condition of Contract, General Condition of Use of the Website and, if that should be the case, the Particular Conditions that regulate such acquisition. By using this website or by placing an order through it, you agree to be bound by these Conditions and by our Privacy Policy, so that, if you do not agree with all the Conditions and with the Privacy Policy, you should abstain from placing an order.

You are informed that all procedures to make effective the acquisition of any items are those described in these general conditions of contract, plus other specific procedures that will appear on screen while browsing, so that the User will declare that he or she knows and accepts such procedures as necessary to access the items and services that are offered in this Website.

The User must register and accept these conditions before any on-line contractual action, with the understanding that the acquisition of the items that are offered will mean acceptance of the present General Conditions of Contract. Any modification and/or correction of the data that are provided by the Users while browsing must be done following the indications included in the Webpage.

Specifically, in order to acquire the items offered through the website www.tiendajustinodelgado.com, users that proceed to register must be eighteen (18) years of age or older, must fill up the forms that appear during the process and will require the execution of the following instructions, as well as any other instructions included in the different pages of the Website: (a) To fill up the electronic forms that will appear at every time for every specific purpose, following all instructions provided; (b) To click on the corresponding icon/tab; (c) To receive in the User’s email account the registration confirmation.

The information appearing on this Site is that which is applicable as of the last update. JUSTINO DELGADO reserves the right to decide at every specific time the Items that are to be contained and offered to Users through this Webpage, so that its contents and items can be updated, modified or withdrawn without previous warning and when it is considered appropriate to do so. Consequently, at any time, JUSTINO DELGADO will be able to add new items to those that are already on display in the Webpage, and, unless it is otherwise indicated, this will be done under the understanding that such new items are to be managed according to what is stipulated in the General Conditions that are applicable at that time. Furthermore, at any time and without previous warning, JUSTINO DELGADO reserves the right to cease providing the means for the acquisition of any of the items that are offered in the Webpage.

The User Name and Password that are provided by the User to JUSTINO DELGADO, S.L. are elements of identification that enable access to the items and services of the Webpage; they are absolutely confidential. JUSTINO DELGADO, S.L. reserves the right to cancel the User Name and password, and consequently to preclude access to the Webpage to those users that do not comply with the Conditions of Use of the Website or the General Conditions of Contract applicable in each individual case.

The user may access, print, download and store these General Conditions of Contract. These Conditions will be permanently available in this Website through the link General Conditions of www.tiendajustinodelgado.com.

 

ITEMS ON OFFER. PURCHASE SYSTEM

The clauses that are listed below constitute the “General Conditions of Contract”, and their purpose is to regulate the acquisition by users of the items that are displayed on offer by JUSTINO DELGADO in their on-line shop www.tiendajustinodelgado.com. The User must register, read and accept these conditions before buying on-line, as well as understand that, by entering this shop and purchasing any of the offered items, he or she agrees to accept these General Conditions of Contract.

Through this webpage, JUSTINO DELGADO offers a selection of the items that are available at their shops, and guarantees that they fulfill the same standards of quality and guarantee as those that are purchased in the shops.

Each one of the items that are on offer in this Webpage is captioned with the name of the item, its description, price and reference. With regards to other items such as wigs, hair pieces, hair extensions, etc., JUSTINO DELGADO makes every effort to show them as close as possible to reality, although, a warning is placed to indicate that variations are possible depending on the screen configuration of the user's computer, and for that reason it cannot be guaranteed that colors appear as they really are.

Purchase procedure

To make his or her purchase, the user will place the order through Internet with the “shopping cart” so that he or she must make a choice of the desired items and add them to the shopping cart by clicking on the corresponding tab.

"Shopping Cart" will contain the reference of the selected item/s, together with the price, taxes included, indicating the corresponding delivery fee.

In order to place an order, The Customer will have to register, filling in the register form that has been implemented to that effect. Any requested confidential personal data are to be incorporated to our data base in order to process the order and to facilitate any new purchase to be made in www.tiendajustinodelgado.com. Those users that have created an account will be able to access the information regarding all their orders, discounts and provided data, as well as follow up on them. Importantly, these data must be as accurate as possible in order to avoid confusions or problems when delivering any acquired items. Authorization may be requested for sending information or bulletins about this website. If that is the case, and providing it is authorized, you will receive this information through ordinary mail and/or e-mail.

The order must be confirmed by clicking on the corresponding icon. Once the order is placed by filling in all related data, and before it is delivered, a summary is to be viewed identifying the purchased item/s, the whole price (taxes included) and the delivery data. Should this message fail to be received, the user is advised to contact JUSTINO DELGADO by sending an email to info@tiendajustinodelgado.com.


PRICE. APPLICABLE TAXES

The price of any product will be that which is indicated in the website at every time, unless in the event of a clear mistake. Should a mistake in pricing be detected, JUSTINO DELGADO will advise the Customer who requested the item as soon as possible in order to give him or her the choice to confirm or cancel the order. In the event that contacting the customer turned out to be impossible, JUSTINO DELGADO will cancel the order and proceed to a full refund of any amount that had been paid.

If an error is detected in the indicated price, and as a result of such error, the price turned out to be smaller than the correct price, JUSTINO DELGADO will be under no obligation to provide the item in exchange for the inferior incorrect price, even if the order confirmation had already been sent, and provided the price error is obvious and unequivocal and could have been reasonably recognized by the Customer as an incorrect price.

The information displayed in catalogues and price lists has merely an informative purpose, and JUSTINO DELGADO can modify it without previous warning and at any time, according to the circumstances of the market; although JUSTINO DELGADO guarantees that prices will always be applied in consistency with those currently on display in the Webpage at the time of purchasing them. Should there be any changes in prices, pending orders will not be affected.

All special offers, promotions or discounts will be appropriately indicated on screen and will be valid for the whole indicated period or until no longer in stock.

Prices of items on display in the Webpage include the value added tax (VAT) which is applicable plus any other applicable tax, and will be valid at all times, unless there is a typographical error. Prices on display in the Webpage do not include delivery fees, which will be added after confirming the order.

Purchases that are to be delivered to the Canary Islands, Ceuta o Melilla are VAT free. Likewise, any deliveries outside the EU are not to be charged the VAT as they are exempt from it, but taxes and/or levies will be applied according to the regulations of every country.

The purchase system is governed by regulations in force in Spain; therefore all trading operations are understood to take place at the address of Justino Delgado, S.L., Calle Aguacate, 54- 28044 Madrid (España).

 

PAYMENT CONDITIONS

All products acquired through this website will be paid by the user in the Webpage by a method of his or her choice: bank transfer, credit/debit card or the PayPal payment gateway. The User must pay the whole fee for the acquired items so that the order will be validated once payment confirmation is received from the bank.

Credit or debit card payments will be done online, i.e., in real time, through the payment gateway of the corresponding bank, once accuracy of all communicated data has been checked. Credit card payments will be subject to the corresponding confirmations and authorizations required by the financial institution that issues the card, so that, if such institutions refuse authorization of payment, JUSTINO DELGADO will not be made responsible for any delays or cancelations in delivery. You are informed that, in agreement with the regulatory provisions on payment with credit/debit card, Justino Delgado will not keep the CVC code, which is requested to the user at the time of payment and is used to validate that transaction only.

The User is informed that all payments made through the paypal payment gateway will incur an extra cost of two (2) euro to cover the handling fee.


DELIVERY METHOD, FEES AND TIMELINES

Items are delivered to the customers of JUSTINO DELGADO by different courier companies which are nationally and internationally renowned. All orders placed before 1pm (GMT +1 Madrid) will be processed the same day, so it will arrive in the time chosen by the customer, always counted as business days. The orders placed after 1pm will be processed the next day, so the client must add one business day to the delivery time chosen during purchase process. The date of delivery date at the User’s address depends on availability of each particular item and the area of delivery, and will be indicated to the user when he or she places the order according to the modality of delivery that the user chooses. Furthermore, the user will be informed of the delivery fee at the time of purchase and before its confirmation. Such fee will be shown at the moment of the user placing his or her order.

For purchases made from the Iberian Peninsula and Balearic Islands for a minimum cost of 150 euro, the delivery fee will be covered by JUSTINO DELGADO and will not be charged to the customer. This offer is valid only for orders placed through the webpage of the online shop of Justino Delgado, www.tiendajustinodelgado.com, when selecting the modality of 48-72 hours.

If a customer exercises his or her right to return an acquired item, and is in full compliance of the requirements of the General conditions of contract, and when he or she has benefited from the aforementioned free delivery offer, he or she will get a full refund minus the amount corresponding to the delivery fee that was covered by JUSTINO DELGADO as part of this offer.

Delivery is considered complete once the item reaches the Customer and the recipient signs the receipt form. It is up to the recipient to verify the items at the time that they are delivered and to make then all claims that could be justified.

 

RETURN POLICY

Returns and refunds

As per the applicable regulations, the Customer has the right to give up the Contract within the period of 15 natural days from the date of delivery. If such is the case, JUSTINO DELGADO will refund the price paid for the acquired item/s, but the Customer is to pay any costs directly derived from returning the product.

Any acquired item can be returned or changed provided that it has not been open or used and the original security seal and package remain intact. Return of a product will not be accepted unless this is submitted in perfect condition, with the original packaging and unused. To that end, returning the item must be requested by email, writing to info@tiendajustinodelgado.com, and subsequently following the instructions that will be received. In this case, the customer must pay any direct costs incurred, and JUSTINO DELGADO will not accept the return of items sent to be paid on delivery.

For any returns from outside of Spain, the customer must pay for transportation of the item/s that he or she wishes to return/change, using a means of transportation of his or her choice; JUSTINO DELGADO will not accept the return of items sent to be paid on delivery.

JUSTINO DELGADO reserves the right to refuse accepting any items that are returned when this is communicated outside of the stipulated period of time or when the items are not being returned in identical condition to that in which they were delivered.

Returning items noted defective on delivery

If an error or defect caused by mishandling during transportation was clearly visible right on delivery and with no need of manipulating the packaging, either that used by the courier or the package of the product itself, the Customer must indicate what the problem is in the delivery note, and communicate this issue to JUSTINO DELGADO by writing an email to info@tiendajustinodelgado.com within 24 hours from receipt of the item so that either the defective item/s can be returned and replaced, or a refund of the price can be organized. In all of these situations, JUSTINO DELGADO will pay any expenses incurred by the returning.

Any defects caused during transportation that can only be appreciated after unpacking the item must be communicated within 24 hours from receipt of the item and using the aforementioned method, indicating the order number, describing the damages caused in the item and requesting return and replacement of the defective product or refund of the price that had been paid. JUSTINO DELGADO will examine the item and will let the customer know if he or she is entitled to a replacement. Any items that have not been kept in the same conditions as they were on delivery, or that have been used after unpacking, will not be replaced or refunded. Replacement or refunding of the item will be done as soon as possible and, at any rate, within 30 days from the customer receiving an email confirming replacement or refunding of the defective item.

In such cases, JUSTINO DELGADO will refund the purchase price within 30 days from receiving communication from the User requesting the refund. Any refund will be made effective using the same payment method that was used to pay for the purchase or by bank transfer to an account number provided by the User.

Returning defectively manufactured items

Items that bear defects as a result of incorrect manufacturing can be returned provided that the item has not been used and is returned in its original packaging. Items that have been used, or that are not submitted in their original packaging, will not be accepted as returned items.

Moreover, the whole order is to be returned, including all original accessories and packaging. Upon receipt of the item, JUSTINO DELGADO will examine it and communicate to the customer if he or she is entitled to its replacement. Any items that have not been kept in the same conditions as they were on delivery, or that have been used after unpacking, will not be replaced or refunded. Replacement or refunding of the item will be done as soon as possible and, at any rate, within 30 days from the customer receiving an email confirming replacement or refunding of the defective item.

If an error or defect was clearly visible right on delivery and with no need of manipulating the packaging, either that used by the courier or the package of the product itself, the Customer must indicate what the problem is in the delivery note, and communicate this issue to JUSTINO DELGADO by writing an email to info@tiendajustinodelgado.com within 24 hours from receipt of the item so that either the defective item/s can be returned and replaced, or a refund of the price can be organized.

Any defects resulting from incorrect manufacturing that are only detected after unpacking the item must be communicated within 24 hours from reception of the item and using the aforementioned method, indicating the order number, describing the damages caused in the item and requesting return and replacement of the defective product or refund of the price that had been paid.

If the returned product is no longer in stock, the customer will be able to choose another item of similar price and quality, or to request refund of the price that had been paid.

In such cases, JUSTINO DELGADO will refund the purchase price within 30 days from receiving communication from the User requesting the refund. Any refund will be made effective using the same payment method that was used to pay for the purchase or by bank transfer to an account number provided by the User.


COMMUNICATIONS

Any issues related to the return and replacement of items from our shop should be communicated to JUSTINO DELGADO at our customer service telephone +34.91.508.30.30 (from Monday to Friday, between 09:00 and 18:45 – Saturdays and Sundays closed) or by writing an email to info@tiendajustinodelgado.com.

Communications from JUSTINO DELGADO to the User will be made according to the data provided by the user on registering in the Webpage. Current regulations require that part of the information or communications that we send to the user must be written. Therefore, you explicitly accept that email is the valid procedure for all communications related to the use of the Webpage, and recognize that any communication from JUSTINO DELGADO to that effect has contractual validity and is in full compliance of the legal requirement that determines it to be written; all of the above, without restriction of the rights of the user that are legally recognized.

JUSTINO DELGADO does not accept any liability derived from lack of functioning of the customer’s email address or from his or her lack of communication, as well as from lack of information alleged by the customer and caused by lack of diligence in maintaining his or her email account up to date and active.

 

USERS’ RESPONSIBILITIES

The User accepts all requirements and conditions listed in these General Conditions of Contract and agrees to keep his or her personal user pass keys confidential and with maximum diligence.

Furthermore, he or she agrees to provide truthful information in filling up the user registration forms and the order requesting forms, as well as to keep them up to date at any time.

The User agrees to enable delivery of the order by providing an appropriate address for such order to be delivered. JUSTINO DELGADO will not be made liable for any delays or lack of delivery when such is derived from inobservance of this responsibility.

 

UNDERAGE PERSONS

Before acquiring any items offered in this website, underage persons must obtain consent from their parents, guardians or legal representatives, who will be responsible for every activity performed through the website by minors under their care.

 

FORCE MAJEURE

Failure to fulfill any of the duties of the parties involved as a result of circumstances beyond their control will not result in any of the parties incurring liability. Fulfilling such duty will be postponed until these circumstances change so that, in the event of such circumstances becoming indefinitely prolonged, any of the parties involved will be able to request cancellation of the contract with no compensation whatsoever.

 

PRIVACY AND DATA PROTECTION POLICY

We inform you that any personal data that is provided by the user to Justino Delgado through any of the means that are enabled to that effect in this website or in their blog are protected by the Policy of Protection of Personal Data that is shown in the Document Privacy Protection Policy which is available in the link of the same name in this Webpage or in their blog.
The user must read and accept the Privacy Policy of this Webpage before he or she submits any personal data.

 

APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

Any purchase made effective through the website www.tiendajustinodelgado.com is governed by the Spanish legislation.

In the event of any conflict or discrepancy in interpreting or applying these contractual conditions, this will be settled by the Courts and Tribunals that in every case are to be considered competent as per the regulations in force in regards to competent jurisdiction, in which case, as it is an issue of consumers, it will be directed to the place for fulfillment of the obligation or to the address of the purchasing party.

Should the purchasing party have their address out of Spain, both parties agree to submit to the Courts and Tribunals of Madrid (Spain) and explicitly renounce seeking settlement by any other courts.

 


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