Terms and conditions
WHAT IS THIS DOCUMENT?
1.1. The terms and conditions indicated below constitute the CONTRACT that regulates between you, the USER and/or CUSTOMER and ELISA MURESAN, indistinctly, by itself or through the brand “ELISA MURESAN”, the relationship, conditions of purchase, access, registration, navigation, download and use of each and every one of the web pages located under the domain www.elisamuresan.com and its respective subdomains and subdirectories that are the property of MISHOTEX SL (hereinafter, “Website” or “Websites”), with CIF B09733080 and registered office in Zaragoza (50.008), calle PEDRO MARÍA RIC, 21
1.2. Please read this document carefully. It contains the terms and conditions governing the purchase, use, and browsing of this Website, as well as the rights and obligations of both parties, information on the purchasing process, and the terms and conditions of use, among other matters.
1.3. We also inform you that these Conditions comply with the provisions of current legislation on the matter.
ACCEPTANCE AND VALIDITY OF THE GENERAL CONDITIONS
2.1. These General Conditions are binding on both parties. The USER and/or CUSTOMER shall be bound by each and every one of these General Conditions without reservation when purchasing and/or contracting any product or service from the Website, and it is their obligation and responsibility to read them beforehand.
2.2. During the course of your order, before authorizing payment, the USER and/or CUSTOMER must accept these General Conditions. If you do not agree with them, do not proceed with the contracting or purchasing process, as these conditions will apply to you in all cases.
PRICE
The price of the PRODUCT will be the one expressly stated on the Website and will be detailed throughout the online purchasing process, and will be voluntarily accepted by the USER and/or CUSTOMER.
The total price that the USER and/or CUSTOMER will pay includes the price of the product plus the corresponding VAT (at the rate in effect on the billing date).
HIRING PROCESS
Purchases made on the www.elisamuresan.com website will follow an automatic process initiated upon request by the USER and/or CUSTOMER, with prior and express acceptance of these terms and conditions as stated on the aforementioned website.
Effects: Purchases or contracts made on the Website will take full effect upon acceptance by the USER and/or CUSTOMER of these Conditions when acceptance is given and payment is formalized.
In turn, a summary of the purchase or contract will be sent to the USER and/or CUSTOMER once it has been made, in accordance with the provisions of Article 28 of the Law on Information Society Services and Electronic Commerce (LSSICE).
PAYMENT AND TRANSPORTATION
5.1. Payment Method: Payment for purchases on this website is made by credit or debit card, using an automatic process. Any bank charges incurred by the USER and/or CUSTOMER will be charged to ELISA MURESAN.
If you would like an invoice for your payment, please email us at tiendaric21@elisamuresan.com
5.2. Shipping: This website guarantees that your order will be processed within a maximum of 30 calendar days. Shipping is estimated to take between 2 and 5 calendar days, depending on the destination.
However, www.elisamuresan.com and therefore MISHOTEX SL cannot be held responsible for shipping delays, as this service is provided by third-party companies unrelated to the company responsible for this website. In situations, events, or circumstances beyond this party's control, for example, in the event of the customer being unavailable, shipping delays, human, mechanical, or technical error, acts of nature, it is understood that MISHOTEX SL will be released from all liability.
All purchases made on this website are subject to a transport contract. Once your package is in the hands of the carrier, they become responsible for it.
RIGHT OF WITHDRAWAL, CANCELLATION OF USE AND TERMINATION OF THE CONTRACT
6.1. In relation to the exercise of these rights by the consumer, a distinction must be made between products tailored to the USER and/or CUSTOMER, and finished products that can be purchased by any USER and/or CUSTOMER.
As for custom-made products, these are tailor-made products that are made according to the specifications and preferences of the USER and/or CUSTOMER, which are made by hand, so there will be no right of withdrawal, as indicated by the Retail Trade Law and the Consolidated Text of the General Law for the Defense of Consumers and Users, in contracts for the supply of goods created according to the consumer's specifications or clearly personalized, the right of withdrawal does not apply.
In relation to finished products and/or products produced by third parties, in accordance with Law 7/1996, of January 15, on the regulation of retail trade and its reform (Law 1/2010, of March 1), and Directive 2011/83 / EU, once the service has been contracted, the USER and/or CLIENT may withdraw from the purchase and request a refund of the amount paid within 15 days from the date of availability, having, in all cases, to pay the return and/or transport costs.
In this regard, the USER and/or CUSTOMER is informed that any possible difference in tone caused by the monitor effect will not be considered a sufficient error to proceed with the return of the product, since it is estimated that colors and sizes may have a variation of around 15%.
6.2. The USER and/or CUSTOMER shall have the right to have the product repaired, replaced, to a price reduction or to terminate the contract, in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, as set forth in article 118 of this law.
Regarding possible modifications to an order, these include changes to order details, whether adding details, configurations, and/or compositions, or adding or canceling any of the items included in your order. These modifications cannot be considered if the order has already begun to be processed.
6.3. The USER and/or CUSTOMER may terminate the contract with ELISA MURESAN by sending their cancellation request to the email address info@elisamuresan.com, including the product's technical reference number, their full name, and their ID or Tax Identification Number (NIF). Under no circumstances will the amounts paid by the USER and/or CUSTOMER be refunded.
6.4. Cancellation of the service and termination of the contract: MISHOTEX SL reserves the right to terminate this service contract and cancel and deactivate it, without prior notice or request to the USER, if it receives from any competent Authority any request or notification of misuse, illegal act or abuse, in which case the USER and/or CLIENT will not have any right to claim from MISHOTEX SL any refund of what has been paid, nor compensation for damages to itself or to third parties, loss of profits, or any other concept.
PRODUCTS MANUFACTURED BY THIRD PARTIES
Regarding the sale of products not manufactured by MISHOTEX SL, MISHOTEX SL shall not be liable under any circumstances for any damages that may be caused to the USER and/or CUSTOMER, as set forth in the Consolidated Text of the General Law for the Defense of Consumers and Users. The manufacturer shall be liable for damages caused by defective products sold through the website www.elisamuresan.com.
The MISHOTEX SL brand is subject to the delivery terms and conditions of its suppliers, which exempts it from liability to the USER and/or CUSTOMER for any possible delays or lack of stock due to non-supply of the same.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The USER and/or CUSTOMER expressly acknowledges and agrees that all copyright, trademarks, and other intellectual or industrial property rights over the products on this website belong at all times to MISHOTEX SL and the Website.
Regarding the pages and domain names that make up the WEBSITE www.elisamuresan.com and all the content hosted on said pages (such as, but not limited to, the following list: documents, logos, photographs, graphics, images, drawings, texts, slogans, as well as their source code or other technological, literary, graphic, sound, audiovisual or any other content), it is reported that they are registered in the General Registry of Intellectual Property of Aragon (Spain), and are the exclusive property of MISHOTEX SL, and/or third parties who have authorized their inclusion on the WEBSITE, and are protected, among others, by national laws on Industrial and Intellectual Property and Unfair Competition as well as by Private International Law.
The USER and/or CUSTOMER may not use said material unless expressly authorized by MISHOTEX SL.
COMMUNICATION, SUPPORT AND ASSISTANCE
This website provides the USER and/or CUSTOMER with the email address info@elisamuresan.com so they can contact us, express any questions, or request assistance.
PRIVACY AND DATA PROTECTION POLICY
10.1. This website complies with the requirements established in Organic Law 15/1999 of December 13, on the Protection of Personal Data and its implementing regulations, as well as with the provisions of Law 34/2002 of July 11, on Information Society Services. Your personal data is processed in accordance with the provisions of said regulations, maintaining the necessary technical, organizational, and security measures to guarantee their confidentiality and to prevent their alteration, loss, and unauthorized processing or access.
10.2. Your data will be incorporated into a file owned by MISHOTEX SL and will be used solely for the purpose of providing the requested services, managing the business relationship, and performing administrative tasks.
10.3. Under no circumstances will your data be transferred to third parties, nor used for sending advertising or for any other purposes other than those for which they were collected.
10.4. You authorize and expressly consent to www.elisamuresan.com processing your personal data solely for the purposes set forth. Such data will be those you provide through contact forms or through the www.elisamuresan.com purchasing process, and/or through any other means.
10.5. You may at any time exercise your right to access, rectify, erase, and object to the processing of your personal data held by MISHOTEX SL by submitting a written request to info@elisamuresan.com, indicating "Data Protection" in the subject line and providing proof of identity in accordance with current legislation.
10.6. Minors: Only those with legal capacity to enter into a purchase agreement through this website may enter into a purchase agreement. Therefore, any purchase made by unemancipated minors or USERS and/or CUSTOMERS who have been permanently disqualified will be considered void.
10.7. Security: Any transmission of your personal data will be done using technology that meets appropriate security standards for the protection of your data.
10.8. Browsing with Cookies.
Our website may use cookies, small data files generated on your computer to speed up browsing and ensure the functionality of some of our applications. These cookies, in all cases, require your prior consent. We also inform you that you have the option to delete and prevent the generation of cookies by selecting the appropriate option in your browser. However, please note that disabling these elements may prevent some websites from functioning properly in many cases.
INTEGRITY OF THE CONTRACT
If any of the clauses of this contract are considered voidable or null and void, they shall be deemed not to have been included, and the remainder of the contract shall retain its full binding force between both parties.
APPLICABLE LAW AND COMPETENT JURISDICTION
Any question, conflict or controversy that may arise in relation to the validity, interpretation, compliance and/or execution of these General Conditions and the relationship between the parties, they expressly submit to Spanish legislation and the jurisdiction of the Courts and Tribunals of Zaragoza (Spain), expressly waiving any other legislation or jurisdiction that may be their own, unless otherwise determined by law.
If you need more information, please contact us at info@elisamuresan.com