TERMS AND CONDITIONS
General contracting conditions.
This contractual document will govern the contracting of products and services through the website https://www.kikafidalgo.com, owned by Verónica García Bolós, hereinafter KIKA FIDALGO.
The acceptance of this document implies that the USER:
- You've read, you understand and you're agree with this text.
– He is a person with sufficient capacity to contract.
– He assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the KIKA FIDALGO website.
KIKA FIDALGO informs that the business is responsible and knows the legislation
in force in the countries to which the products are sent, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification. Identity of the contracting parties.
On the one hand, the provider of the goods or services contracted by the USER
is Verónica García Bolós (KIKA FIDALGO), with registered office at C/ Cerro del Águila 2, 28703, San Sebastián de los Reyes (Madrid).
And on the other, the USER, who accesses the invited website, being responsible for the veracity of the personal data provided to KIKA FIDALGO.
Object of the contract The purpose of this contract is to regulate the contractual relationship of purchase and sale born between KIKA FIDALGO and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a determined price and publicly displayed through the website, of a specific product made to measure or personalized.
Recruitment procedure:
The USER, to be able to access the services or products offered by KIKA
FIDALGO, you can access as a guest. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and the Law Organic 3/2018, of December 5 (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website.
Once the USER operates as a guest, he is informed that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the Next steps:
1. General contracting clauses.
2. Shipping orders.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and period of validity of the offer.
9. Transportation costs.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Governing Law and Jurisdiction.
1. General contracting clauses
Unless specifically stipulated in writing, placing an order with KIKA FIDALGO will imply acceptance by the USER of these legal conditions.
No stipulation made by the USER may differ from those of KIKA FIDALGO if it has not been expressly accepted in advance and in writing by KIKA FIDALGO.
2. Sending orders KIKA FIDALGO will not send any order until it has verified that the payment has been made.
As these are made-to-measure or personalized products, the buyer will be informed, once the order has been completed, of the date on which the shipment will proceed.
Merchandise shipments will usually be made through shipping companies.
EXPRESS MESSAGING, which may vary depending on the destination of delivery of the product.
The delivery dates or deadlines will be understood as approximate, the delay not constituting an essential non-compliance. In the event that KIKA FIDALGO has not delivered the merchandise after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without thereby derives no liability for damages attributable to KIKA FIDALGO.
The delivery time is usually between 24/48h in the Peninsula, 48/72h for Portugal, depending on the destination population and the chosen payment method. For other destinations, it is necessary to consult conditions and delivery time. This term is understood as long as it has been confirmed that the order has been completed and full payment of the order has been verified. If the user does not receive the order within a maximum period of 5 working days, from the date of departure from the Tailoring Workshop, you can contact us at the email hola@kikafidalgo.com Kika Fidalgo at the time of receiving your order. communication, you will contact the shipping service company that you have contracted to confirm the status of the shipment. In the event that this delivery could not be carried out successfully, Kika Fidalgo would contact the user to provide a solution in this regard.
Deliveries of orders will be made from Monday to Friday working days.
KIKA FIDALGO will not assume any responsibility when the delivery of the product does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made at the moment in which the carrier has made the products available to the USER and the USER, or his delegate, has signed the delivery receipt document.
It is up to the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.
NON-DELIVERY:
In the event that 15 days have elapsed since your order is available for delivery, and the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved.
3. Right of withdrawal Except for the exceptions provided for in article 103, the consumer and user shall have the right to withdraw from the contract for a period of 14 calendar days without indicating the reason and without incurring any cost other than those provided for in articles 107.2 and 108. Being null and void, the clauses that impose on the consumer and user a
penalty for exercising your right of withdrawal or waiving it. The products made by Kika Fidalgo are included within the exceptions provided for in this article 103, as they are made-to-measure or personalized products, so the right of withdrawal is not applicable, and no returns are accepted. Article 103. Exceptions to the right of withdrawal. The right of withdrawal will not be applicable to contracts that refer to:
(…)
c) The supply of goods made according to the specifications of the
consumer and user or clearly personalized.
4. Claims. Any claim that the USER considers appropriate will be addressed as soon as possible, and can be made at the following email address: hola@kikafidalgo.com
KIKA FIDALGO has Complaint Sheets available to the user:
To request them you must send an email to the following address: hola@kikafidalgo.com.
You also have the option of requesting the Complaint Sheets by accessing the Fillable Consumption Complaint Form or carrying out the digital processing of the same through: Services and information / Digital Administration. General access point / Complaints and complaints in consumption of the Community of Madrid https://tramita.comunidad.madrid/denuncias-reclamaciones-recursos/reclamacionesdenuncias-consumo/tramitar
Resolution of online disputes (Online Dispute Resolution) In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the
PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. Force majeure
The parties will not incur responsibility for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
6. Competition. The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these General Conditions in their entirety.
7. Generalities of the offer. All sales and deliveries made by KIKA FIDALGO shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the KIKA FIDALGO Commercial Proposal or what is stipulated herein will take effect, unless expressly agreed in writing signed by KIKA FIDALGO, in this case, these particular agreements will prevail.
Given the continuous technical advances and product improvements, KIKA FIDALGO reserves the right to modify its specifications regarding the information provided in your advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. Price and period of validity of the offer. The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling,
packaging, shipping insurance or any other additional services attached to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transportation costs, charges, discounts, taxes and the total purchase. Prices may change daily as long as the order is not placed.
Once the order is placed, the prices will be maintained whether there is availability of products or not.
Any payment made to KIKA FIDALGO entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the product purchased to the email address provided by the USER.
For any information about the order, the USER may contact via email at hola@kikafidalgo.com
9. Transportation costs. The prices do not include shipping or communication costs, or installation, or complementary benefits, unless expressly agreed in writing to the contrary.
The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
The transport rate applied is the following:
Peninsula: Spain and Portugal.
Shipping costs are included in the final price of the product
Outside the Peninsula: Balearic Islands, Canary Islands, Ceuta and Melilla
Shipping price ————————- consult
Europe and other international destinations
Shipping price ————————- consult
10. Forms of payment, charges and discounts
KIKA FIDALGO allows the following ways to pay for an order:
• PayPal: It is necessary to have a PayPal account.
• Card: VISA, MASTER CARD, AMERICAN EXPESS, among others. The buyer
You must provide the payment information (card number, date of
expiration and CVC) and confirm the same at the time of purchase
11. Purchase process
Basket. Any product from our catalog can be added to the basket. In this, only the items, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative link, it is just a section where you can simulate a budget without any commitment from both parties. From the basket you can place an order by following the steps below for its correct formalization:
1. – Order
2. – Billing information.
3. Shipping information.
4. -Shipping method
5. – payment information.
6.- Review of the order
Once the order has been processed, the system instantly sends an email to the KIKA FIDALGO management department.
12. Applicable law and jurisdiction
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. KIKA FIDALGO and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services subject to these Conditions.