The purpose of these General Conditions of Sale is to regulate the offer and distance selling of SoulsScope Products, through the Web www.soulscope.es (hereinafter "the Web"), NATURAL or LEGAL PERSON acting as consumers or wholesale clients (Hereinafter referred to as "Customers").
The offer and sale of Products is made through the present Web by Nadia Franco Vieira (hereinafter "the Company"), domiciled in Calle Pio Baroja 14 Porta 6 - Piso 4to A, 28806, Alcalá de Henares (Spain), With Tax Identification Number Y1753826K.
Customers can contact us for any doubt, suggestion or complaint through any of the following means:
Call +34 675 55 36 19 during office hours from 10 a.m. to 5 p.m. from Monday to Friday. The price of a call it depends on your telephone operator, or by writing an email to the following address: firstname.lastname@example.org
The pre-contractual, contractual and post-contractual relationship held at a distance between the Company and the Customers are governed by these General Sales Conditions as well as by Spanish Royal Legislative Decree 1/2007, dated November 16, approving the text of the General Law for the Defense of Consumers and Users and other complementary laws, by Law 34/2002, of July 11, on services of the information society and electronic commerce. As well as for any provision contained in the regulations that are mandatory for employers in their relations with consumers.
The execution of an order by the Client implies the full acceptance without reservation of these General Sales Conditions, which must be read and accepted each time the Customer places an order and can be printed, stored and reproduced by the Customers.
These General Sales Conditions are originally written in Spanish, so this is a direct translation of that, and spanish is the language in which the contract between the Company and the Clients will be formalized.
The company may modify, at any time and without previous notice, the content of the General Sales Conditions. However, modifications to the General Sales Conditions will only apply to sales that are formalized after the entry into force of the modification of the General Sales Conditions.
These General Sales Conditions will only apply to consumers, in accordance with the definition contained in the Spanish Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for The Defense of Consumers and Users and other complementary laws or in the standard that replaces it.
Only those Customers who are of legal age, who have full capacity to contract can only contract with the Company.
All Soul Scope Products offered through the Web are displayed in detail on the Web in each of the sections enabled on the Web for each of the categories, news or collections. By entering the "Detailed information" section of each of the Products, you can see the characteristics of the Product.
Soul Scope makes every effort to ensure that all Products offered on the Web are available and only show the Products for which stock is available. However, it is possible that some of our Products may not be available at the time of placing the order, which will be made known to the purchaser when ordering, as described in section 5 "CONFIRMATION OF ORDER" of the Present General Sales Conditions.
The indicated price of the Products is the price at which Soul Scope offers its Products through the Web. This price includes all taxes that apply to you. The shipping costs are not included in the price of the Product, which is indicated in detail during the purchase process.
Keep in mind that the Soul Scope pieces are handmade and therefore the products can assume small variations with respect to the photos presented on the web.
3. PURCHASE PROCEDURE
In order to make a purchase, the Client must access the Web with his registration data to the Web if he/she is already registered. Those who wish to make a purchase but have not registered on the Web must create an account providing all the information that is required.
If you do not wish to register on the Web, you may also place the order, although you may not know the status of your orders, add Products to your Wish List or take advantage of promotions on the Web.
Once on the Web, the Customer will be able to select from among all the Products available on the Web the Products that he/she wishes to acquire. To do this, you must click on the "Add to Cart" section and indicate the number of units you want to add. By default, a Product unit will be added.
Once you have added all the Products you want to purchase, you must access the "Cart" where all the Products that the Customer has added to the Cart will be displayed. The Client may choose, if he wishes, to remove some of the Products from the Cart. In order to proceed with the purchase of the Products, the Customer must provide the data required in each of the steps that will be shown regarding the order, invoicing, shipping and payment.
It is the responsibility of the customer to ensure that the registration, shipping and billing data are correct and truthful. Once confirmed the order will not be able to make changes of the same, the responsibility of any impossibility of delivery, cost or error is up on the Customer.
Once you have verified that everything is correct and you have accepted the General Sales Conditions, you must validate to "Confirm purchase" box. That means of which the Client gives consent for Soul Scope to proceed to collect the amount indicated in the order provided, of all the Products selected by the Customer are available at the time of ordering.
Once Soul Scope has evidence of the actual payment of the order amount, it will send a confirmation email to the Customer. You may also consult and track the order placed in the "My Account" section of your personal account on the Web. Once the order has been confirmed, if the Customer wishes to modify the purchase order he can do so through the modification procedure enabled in his personal account. In specific, the Customer may modify how many Products that he/she wants to buy, adding or eliminating one or several Products from the Cart.
Once the payment has been made, the Customer can only cancel the order while it is pending. If the order has already been processed, the Customer can not cancel the order without prejudice to the right of the customer to exercise the right of withdrawal.
4. MEANS OF PAYMENT
The Client may make payment of the total amount of the order, including shipping costs, via PayPal or by bank transfer. In case of selecting the payment by Bank Transfer, the Client will receive an email with the bank details to make the payment. Once the Customer makes the payment, he/she must send the transfer receipt to expedite the processing of your order. Otherwise, the company is being held responsible for delays in the preparation of the order.
Soul Scope guarantees that it will treat with complete security and confidentiality the data corresponding to the means of payment used. In order to detect and avoid fraudulent operations and unnecessary damages and inconveniences to our Customers, Soul Scope has adopted fraud prevention measures and controls. These controls consist of the analysis of the characteristics of the orders and their comparison with previous fraudulent operations.
Sometimes, in order to ensure that it is not a fraudulent operation, Soul Scope may require you to complete certain information or to provide additional information. Failure to provide this information will prevent Soul Scope from making the necessary checks on the authenticity of the order. In these cases, Soul Scope will have the right to cancel the order for fraudulent.
Despite our attempts to improve our fraud detection systems, we can not fully guarantee that an operation that is not fraudulent will not qualify as fraudulent. In the event that the Customer is affected and is denied an operation in an incorrect way, indicate it to us through the means of contact provided in these General Sales Conditions, so that we can attend to your order as soon as possible.
Please also note that the suppliers or issuers of the payment used may have other anti-fraud measures not controlled by Soul Scope and which may lead to the rejection of certain types of transactions. Soul Scope does not control and is not responsible for the damages that may be caused by the application of the policies that have been approved by the different suppliers or issues of paid media.
In case of payment by PayPal, the purchase amount will be charged to the PayPal account immediately. We will proceed to confirm the order by sending an order confirmation email.
In case of fraudulent or improper charges to a Client, the amount of a purchase made using a Customer's payment card number may require the immediate cancellation of the charge by sending an e-mail, in which case, Soul Scope will refund the amount unduly or fraudulently charged as soon as possible.
However, in the event that the purchase is actually made by the Customer that requires the cancellation of the charge, he/she shall compensate Soul Scope for any damages caused as a result of such cancellation.
By accepting these General Sales Conditions, Customers who formalize their order through the Web, give their consent to receive the invoice electronically about the orders made by the Customer. The invoices referring to the orders made by the Customer will be also available in the "My account" section.
When the Products are delivered to the transport company for shipment, for those Customers who have given their consent to the shipment of the invoice in electronic format, Soul Scope will issue an online invoice that will indicate the amount of the Products, Transport costs separately and VAT. For the issuance of the invoice, the information was provided before by the Customer. The data can not be changed after the invoice has been issued.
5. ORDER CONFIRMATION
The order that the Customer sends by clicking the "Confirm Purchase" button and the full acceptance of these General Sales Conditions.
The sales contract between Soul Scope and the Customer is deemed to be concluded once Soul Scope sends the order confirmation to the Customer's email address. A confirmation that will take place within a maximum of 24 hours.
In this order confirmation, sending by email will be indicated the order number that the Customer must use in any communication with Souls Scope related to that order. The message will contain, in addition to the information required by law, all the data that the Client has entered, who undertakes to verify the veracity of that data and to communicate any eventual modification in time. Any charges arising from errors in data not indicated in time shall be borne exclusively by the Customer. In case the payment of the order was not effectively made through the payment system indicated by the Client, the transaction will be deemed not performed and therefore Soul Scope will not proceed to the corresponding Order.
The Customer who has made purchases through the Web, can view all orders made by him in his personal area, if registered, or by contacting Soul Scope Customer Service.
It is possible that some of the Products contained in the order made by the Customer are not available at the time of processing the order. In such case, Soul Scope will communicate to the Customer the lack of availability of the Product for which there is no stock available. If the order made by the Customer only contains the Product that is not available, Soul Scope may cancel the order. On the contrary, if the order contains two or more Products and one or more of them are not available, Soul Scope will proceed to confirm the order regarding the Products that can be produced in a short period of time, delaying the sending of the order. In case of not being able to be produced soon, the products will be sent if they are available and will cancel the products not available, will be recalculated the rules of the cost of shipment and the corresponding value will be reimbursed.
6. SHIPPING AND DELIVERY
Soul Scope does not accept mailing addresses as valid addresses. In the event that the Customer indicates in the order the address of a PO box, the order will be automatically canceled.
The Customer must pay the costs for sending the Products contained in an order. Being able to choose between several types of shipments with different delivery times and conditions.
The price of the shipping costs will be detailed in the summary of the order on the Web made by the Client before proceeding to the payment. Also if the order had a volume that could be shipped free, it will appear discounted.
Customers are requested to check that, at the time of delivery of the order by the carrier:
Sent by Portugal CTT postal company, see conditions on www.ctt.pt and delivered in each country by its correspondent company.
Iberian Peninsula: Delivery time: Up to 7 days. Cost € 4, free from € 30 purchase.
EU-28, Canary Islands, Azores, Madeira, Baleares: Delivery time: Up to 15 days. Cost € 4, free from € 30 purchase.
Other destinations: Delivery time: Up to 30 days. Cost € 5, free from € 40 purchase.
CTT - TOURLINE EXPRESS: Shipped from CTT Expresso, delivered in Spain by Tourline Express and in Portugal by CTT Expresso. The home delivery schedule will be from Monday to Friday (business day from 9 am to 7 pm. No deliveries are made on Saturdays, Sundays or those days that are holidays in the place of delivery of the order. At the time of delivery, the Customer shall not pay any expenses to the carrier since the Customer will have already paid the costs of sending the order at the time of the purchase. In case of absence, the courier will leave a notification of attempted delivery and the Customer should contact the courier company.
Iberian Peninsula: Delivery time: Up to 48hs. Cost € 7 + VAT, free from € 70 purchase.
INTERNATIONAL COURIER The home delivery schedule will be from Monday to Friday (business days) from 9 am to 7 pm. No deliveries are made on Saturdays, Sundays or those days that are holidays in the place of delivery of the order. In case of absence, the courier will leave a notification of attempted delivery and the Customer should contact the courier company. If there is any customs, management or other costs, it would be the responsibility of the Customer.
EU-28: Delivery time: Up to 48hs. Cost 25 € + VAT, free from 300 € of purchase
Canarias, Baleares, Azores and Madeira: Delivery time: Up to 96hs. Cost € 40 + VAT, free from € 450 purchase
Other destinations: Delivery time: Up to 7 days. Cost 60 € + VAT, free from 700 € of purchase.
Different types of promotional sales such as discounted sales or gift sales can be advertised on the Web.
Such sales will be subject to the conditions that are stated expressly for each specific promotion as well as the present General Sales Conditions in all that in which they do not contradict the particular conditions of the promotion.
However, in the event that the advertised promotion consists of a sale with a gift (eg, for the purchase of a specific Product is provided to the Customer with another Product), it must be kept in mind that, for any type of sale with a gift you made, the return of the Product purchased that gave the right to obtain the gift will entail the obligation to return the gift delivered.
In the event that the consumer does not return the gift, the value of the same that appears in the specific publicity of the promotion will be deducted from the final price to be returned.
Gifts or premiums offered may not be sold or transferred to third parties for the purpose of obtaining directly or indirectly an economic or in-kind profit or for the purpose of promotion. The Client may waive the gift, but can not obtain any consideration for the waiver of the gift.
The Client shall have the right to withdraw from the contract during a period of 15 calendar days (hereinafter referred to as the "withdrawal period") without indicating the reason from the date of the material possession of the Product by the Customer or by a third party (designated by the Customer that is not include the carrier. However, the Client may not exercise the right of withdrawal in those cases provided for in article 103 of the Consumer Law, including the provision of goods made according to consumer and user specifications or clearly personalized.
For purchases made between December 6 and January 5, both included, the Customer will have a withdrawal period until January 23.
All returns must be managed through the online shop, in no case will be accepted changes or returns in physical points of sale of Soul Scope.
In order to exercise the right of withdrawal, the Customer must indicate to Soul Scope, within the withdrawal period, its intention to withdraw from the contract, filling and sending the return form withdrawal that is available in the personal profile or you can download it here and send it to email@example.com. The Customer must send the order in the same conditions in which it was received and with the necessary means to assure the quality of the product. It is the responsibility of the client to ensure the delivery of the same through a registered or tracking number. The Company is exempt from liability in case of loss.
Likewise, the Client may indicate his/her willingness to withdraw from the contract by means of any unequivocal statement in which the Client expresses his/her willingness to desist, by means of a letter sent by certified mail to Nadia Franco Vieira (Soul Scope) Street Pio Baroja 14 Portal 6 4th A, 28806, Alcalá de Henares. Spain
If Customer withdraws from the contract, the amount paid that excludes shipping costs, will be refunded within 14 days from the date Soul Scope was informed of the final decision to withdraw. The cost of return will be borne by the Customer. In case the customer has obtained free shipping by volume of purchase and decides to return part or all of the order. The Company reserves the right to deduct the shipping costs you have incurred corresponding to the type of shipment chosen by the customer.
Once the products have been received, the company will review its condition and in case the product is damaged due to an improper use of the product, the Company reserves the right to deduct the costs associated with the repair of the product or, if it is impossible to repair it, Not return any value.
The Customer is responsible for the decrease in the value of the merchandise that is derived from a different use of the Product than necessary to establish the nature, the characteristics or the operation of the merchandise.
Soul Scope will not refund the amount until the goods are received. The refund will be made through the same payment method used by the Customer, unless the Customer has expressly provided otherwise.
9. PRODUCT WARRANTY
Soul Scope responds to the lack of conformity of the Products with the contract for a period of 2 years from the delivery of the Product in the terms established in Spanish Royal Decree 1/2007, dated November 16, approving the text Consolidated version of the General Law for the Defense of Consumers and Users and other complementary laws.
The warranty period of the Product will start counting on the day of delivery of the Product which, unless it proves otherwise, will be the day of the invoice or purchase ticket or the corresponding delivery note, whichever is later.
During the first 15 days: If the lack of conformity manifests itself during the first 15 days from the date of delivery, according to the provisions of the regulations, it is presumed that the lack of conformity already existed at the time of delivery. Therefore, it is up to Soul Scope to demonstrate the opposite and that the defect is a consequence of a bad use or a bad maintenance performed by the Customer. Thus it is Soul Scope who has to prove that he delivered the Product in accordance with the agreed conditions and that the lack of conformity did not exist at the time of delivery and that therefore Soul Scope is not responsible for the lack Accordingly.
During this period, Soul Scope will bear the expenses that could be generated to prove that the Product is compliant and that the lack of conformity did not exist at the time of delivery of the Product.
After 15 days and up to two years: If the defect appears after 15 days and until the end of the 2 years from the date of delivery of the Product, the Customer has to prove that the lack of conformity already existed in The moment of delivery of the Product and that it is not due to misuse or improper maintenance.
At times, the Customer will have to prove to Soul Scope by means of an expert opinion of the Product the origin of the lack of conformity. In this case, the Customer will be responsible for the costs derived from obtaining reports, budgets or documents issued by experts, technicians, professionals, Technical Assistance Services, as well as the costs of shipping the Product to Soul Scope. In the event that it is demonstrated a nonconformity of the Product already existed at the time of delivery, Soul Scope will bear all expenses incurred by the Customer in proving the existence of nonconformity.
Alternatives to nonconformity:
In the event of a lack of conformity of the Product with the contract, the Customer may choose to require repair or replacement of the Product, unless one of these two options is objectively impossible or disproportionate.
The form of sanitation which, in comparison with the other, imposes on Soul Scope disproportionate costs which are unreasonable, taking into account the value of the Product if there is no lack of conformity, the relevance of the lack of conformity and whether alternative sanitation could be done without major inconveniences for the consumer and user.
If the Customer has opted for the repair of the Product, it still does not comply with the contract, the Customer may demand the replacement of the Product, unless this option is disproportionate, the price reduction or the termination of the contract.
If the Customer has opted for the substitution and the Product continues to suffer from a lack of conformity with the contract, the Customer may demand the repair of the Product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms Provided for in the Consumer Law.
The termination of the contract will not be possible if the lack of conformity is insignificant.
In order to enforce the rights that the legislation confers, it will be necessary to present the invoice for the acquisition of the Product. In all matters not provided for in this section, Chapters I, II and III of Title IV of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
Clients may contact the Company for any claim they may have through the following means:
Call +34 675 55 36 19 during office hours from 10 a.m. to 5 p.m. from Monday to Friday. The price of a call is that of a local call from a mobile phone, or by writing an email to the following address: firstname.lastname@example.org
Soul Scope will proceed to answer in the shortest possible time and, at most, within one month from the sending of the form by the Client.
In the event that Customers wish to submit an official claim form, they can contact the Consumer Service in their place of residence or send us an email requesting a claim form, in which case Soul Scope will proceed to Send the claim sheet to the Customer's email address.
11. TREATMENT OF PERSONAL DATA
In accordance with the Spanish Organic Law 15/1999 of 13 December on the Protection of Personal Data, we inform you that the data provided in the process of purchase of any of the products of Soul Scope of this website will be incorporated In the files Nadia Franco Vieira with the purpose of managing the sale of the product.
The interested party expressly authorizes Nadia Franco Vieira to send him communications by electronic or non-electronic means about products, offers and promotions of the entity. In addition, the interested party may exercise the rights of access, rectification, cancellation and opposition to the person responsible for the treatment, addressing the following address: Pio Baroja Street 14 Portal 6 4th A, 28806, Alcalá de Henares. Spain. Or by email to email@example.com
12. APPLICABLE LAW AND COMPETENT FIELD
The present General Sales Conditions, concern the relationship between the Customer and Soul Scope, as well as any agreement entered into between Soul Scope and the Customer is governed by Spanish law.
For the resolution of any conflict that may arise between Soul Scope and the Customers acting as consumers, the Courts and Tribunals of the consumer's domicile will be competent when it is in Spanish territory. In any other case, the Courts and Tribunals of the domicile of the Company shall be competent.