Purchase conditions
Purchase conditions:
These conditions are concluded between, on the one hand, the DOÑA CARMEN company and, on the other hand, the people who wish to make a purchase through the DOÑA CARMEN website from now on referred to as "the user".
Orders will be shipped in the Peninsula and the Balearic Islands, except in the Canary Islands, Ceuta and Melilla. Orders will also be shipped to mainland Portugal, France*, Italy, Germany, United Kingdom, Austria, Belgium, Holland, Luxembourg. *Except islands, Croatia, Denmark, USA, Slovakia, Slovenia, Finland, Greece, Hungary, Korea DM Republic, Mexico, Norway, Netherlands, Poland, Czech Republic, Romania, Switzerland and Sweden.
These conditions refer exclusively to non-merchant natural persons. The parties agree that their relationships will be governed exclusively by this contract. If a condition were to be missing, it would be considered regulated by the uses and customs in force in the distance selling sector according to the rules of the professional code of the Distance Selling Association.
1. OBJECT
The purpose of these conditions is to define the sales modalities between DOÑA CARMEN and the user, from the order to the services, including payment and delivery. These conditions regulate all the stages necessary to place the order and guarantee the monitoring of this order between the Contracting Parties.
2. ORDER
The user can place their order through the online device. From the page of any item, select the desired size, color and units and add it to the shopping cart.
Once all the desired items have been selected, you can check the list of the selection made in the "My Cart" window.
If you are satisfied, proceed to place the order using the "Complete purchase" button. At this time you will be asked for your shipping information and payment method. Orders cannot be modified or canceled.
The fact for the user to place the order is equivalent to full and entire acceptance of the prices, the description of the products for sale and the general conditions of sale, which will be the only ones applicable to the contract thus concluded. Any conflict over the latter knit will be resolved with the possibility of a possible change and the application of the guarantees mentioned below. DOÑA CARMEN will process orders as long as the items are available. If the product is not available, DOÑA CARMEN undertakes to inform the user as soon as possible.
In the case of products that are out of stock, the amount will be paid in the same way as the payment was made.
3. DELIVERY
Delivery of orders will be made to the address indicated by the user when placing the order or to the chosen store in case of store collection.
PICKUP IN STORE: they will be delivered to the selected store within 3/5 business days from your purchase. After submitting your order you will receive an informative email and a few days later they will contact you by phone from the store to inform you when your order is ready for pickup. You have 30 calendar days from the date of purchase to collect it. If you do not collect your order, the products will return to our warehouse and we will give you a voucher for the same amount to use on the website (without expiration date).
SHIPPING: in case of absence from the address, the company contracted to make the delivery will contact the user at the telephone number provided by the user when placing the order to arrange delivery. After the maximum storage period has passed, the package will be returned to Doña Carmen and the round-trip shipping costs if delivery is not possible for reasons beyond the control of Doña Carmen will not be reimbursed to the user.
Packages cannot be delivered to a Post Office box.
DOÑA CARMEN undertakes to deliver the ordered items as soon as possible. The average times observed for the delivery of available items are approximately 2/3 days from the effective departure of the package from our warehouse for PENINSULAR orders. For International shipments, orders will be delivered approximately between 5/6 days.
This does not mean that circumstances may occur that delay delivery, in which case the customer will be notified as soon as possible.
Rejection of the package will generate shipping and management costs borne by the user.
The user, unless they choose the store pickup option, must add a lump sum corresponding to the costs of processing the order to the amount of their order. These additional costs are made up of fixed costs for participation in packaging and shipping costs:
SPAIN:
Shipping to Peninsula 3,95 €. Free shipping for purchases over €50.
Shipping to the Balearic Islands 7 €.
PORTUGAL
Shipping to mainland Portugal 3,95€. Free shipping for purchases over €50.
EUROPE ZONE 1
Germany, Austria, Belgium, Denmark, Slovakia, Slovenia, France*, France, Hungary, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Poland, Czech Republic, San Marino. *Except islands.
The shipping cost is €10
UNITED KINGDOM
The shipping cost is €15. If the order involves a customs process, the cost of the order will be borne by the customer.
EUROPE ZONE 2
Bulgaria, Cyprus, Croatia, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Malta, Montenegro, Norway, Romania, Serbia, Sweden, Switzerland.
The shipping cost is €15
INTERNATIONAL ORDERS
United States, Canada, Mexico, Japan, South Korea.
The shipping cost is €80. If the order involves a customs process, the cost of the order will be borne by the customer.
- For shipments to other countries please contact info@donacarmen.es
Please note that all shipments outside the EU may be subject to import duties/taxes/fees.
As we have no control over these charges and cannot predict what they may be, the customer will be responsible for additional charges for customs clearance. These charges are not included in the purchase price of Doña Carmen products. We will not be responsible for paying any import duties/taxes/duties under any circumstances.
4. PAYMENT FORMS
- Credit cards: Visa, Mastercard.
-Paypal
- Bizum
By clicking "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card. To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.
5. PRICES
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Purchase conditions (2.Shipping)
Prices must be understood in euros. They take into account the VAT applicable on the day of the order. Any modification in the applicable VAT rate will be reflected in the prices of the products. The prices that will be applied are those in force at the time of validating the purchase, except in the case of obvious error.
Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation.
With respect to the existence of errors or inaccuracies on the website and because the contents have been written in good faith and will be corrected by Mrs. Carmen as soon as possible and as soon as she becomes aware of it.
For orders destined for the Canary Islands, Ceuta and Melilla or non-EU countries, deliveries will be exempt from VAT, with the price that appears on the items being understood to be exempt from VAT.
6. VALUE ADDED TAX.
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.
For orders destined for the Canary Islands, Ceuta and Melilla or non-EU countries, deliveries will be exempt from VAT, with the price that appears on the items being understood to be exempt from VAT.
7a. GUARANTEES
Any item can be exchanged or refunded except products that bear a contrary mention.
Transportation costs caused by the exchange or return due to dissatisfaction on the part of the customer will be borne by the user.
If the exchange or return was due to an error on the part of DOÑA CARMEN services, DOÑA CARMEN would reimburse the return costs.
7b. RIGHT OF WITHDRAWAL
The buyer will have 30 calendar days from the day of purchase to withdraw from the contract without any penalty and without indicating the reasons.
The costs generated by the return will be assumed by the user. Under no circumstances will cash on delivery returns be accepted.
Upon receipt of a defective product, the user must inform customer service info@donacarmen.es about what happened and it will be DOÑA CARMEN who will process the collection or solution of the case. The user's shipping costs will not be assumed.
7c. REMINDER OF THE LEGAL WARRANTY
In accordance with the provisions of section m) of article 97.1 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, consumers and users are informed of the existence, with respect to the goods and products subject to purchase and sale through this website, in the legally established terms, of a guarantee of conformity, of a legal nature, for a term of three years to be computed from the date of purchase and/or delivery.
It is understood that the goods and products are in accordance with the contract provided that (i) they conform to the description made and have the qualities presented on this website, (ii) they are suitable for the uses to which goods or products of the same type are ordinarily put and (iii) they present the usual quality and benefits that, with respect to a good or product of the same type, the consumer and user can fundamentally expect.
If any good or product does not comply with the contract, it must be brought to our attention by sending an email to the following address (pedidos@donacarmen.es).
The conservation and presentation of the document proving the sale is a necessary condition to be able to make the legal guarantee effective.
Those deficiencies caused by negligence, knocks, use or improper manipulation will not be considered defects or defects that may activate the aforementioned guarantee.
7d.- MODEL WITHDRAWAL FORM
(You must only complete and send this form if you wish to withdraw from the contract)
To the attention of “TAMAR Y ARIMA, S.L.”, acting under the commercial name of “DOÑA CARMEN”, with address in Santander (Cantabria), C/ César Llamazares 33, CP 39011, and email pedidos@donacarmen.es.
I/we hereby inform you that I/we wish to withdraw from my/our sales contract regarding the following goods:
Ordered on/Received on (…)
Consumer name:
Consumer address:
Consumer signature (only if this form is submitted on paper)
Date:
8. SIGNATURE AND PROOF
The user must register to make the purchase.
The online indication of the bank card number and the final validation of the order will constitute proof of the order in accordance with legal provisions and will allow the claimability of the sums that will appear in the order form.
This validation is valid as a signature and acceptance of all operations carried out on the website.
This website also allows purchasing through the guest purchasing functionality. In this purchase method, you will only be asked for the essential data to be able to process your order. Once the purchase process is complete, you will be offered the option to register as a user or continue as an unregistered user.
9. RESPONSIBILITY
For all stages of access to the DOÑA CARMEN website, from the ordering process, to delivery or subsequent services, DOÑA CARMEN only has a medium obligation.
DOÑA CARMEN's company excludes all guarantees and any liability for inconveniences or damages inherent to the use of the Internet, in particular, a break in service, an external intrusion or the presence of computer viruses, or any event classified as force majeure by jurisprudence.
10. SECURE PAYMENT
At DOÑA CARMEN, we are committed to guaranteeing the security of our clients' personal data. Therefore, for data collected online, we use the SSL (Secure Socket Layer) protocol, which ensures high-level protection.
Thus, all transactions and payments on our website are strictly protected.
When confirming your order, when you must indicate your bank card number, all data is treated in encrypted form and all related information is encrypted. Thus the confidentiality and security of your transactions is guaranteed.
11. ARTICLES OF christening:
In all the articles of the “COLLECTION christening AND ARAS AND CEREMONY” (skirts, Rompers, hoods, panties, baptism towels, jesusines, drinkware), the period for their exchange will be limited SOLELY AND EXCLUSIVELY, without any type of exception, to fourteen calendar days following the arrival of the item to the customer.
Under the terms provided by law, the right to a refund of what was paid will only operate in the fourteen calendar days following the date on which the item has been received by the consumer.
12. RETURNS OF DEFECTIVE ITEMS
In cases where it is considered that the product does not comply with what is stipulated in the contract at the time of delivery, you must contact us immediately at info@donacarmen.es providing the product data as well as the damage it suffers, the original packaging and a photograph. Each order is carefully reviewed, so claims for defective products will not be entertained when it appears that the garments have been used, manipulated or damaged.
We will proceed to examine the case and inform you by e-mail within a reasonable period of time whether it should be returned or replaced (if applicable).
DOÑA CARMEN will be the one who determines the collection or shipping model for the defective product, so that the client does not have to incur any costs. We will not assume shipping costs incurred by the customer without prior agreement with Doña Carmen.
Terms and conditions for orders within Spain (Except Ceuta, Melilla and the Canary Islands), Portugal and the Balearic Islands.
13. APPLICABLE LAW AND COMPETENT JURISDICTION
The applicable law in the event of a dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any other matter related to the services and products of this website, will be Spanish law.
Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/
Likewise, for the resolution of any conflict that may arise during the use of the services offered on this website, DOÑA CARMEN and the user agree to submit to the judges and courts of the user's domicile, provided that it is located within Spanish territory.