This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (www.zerimarleather.com) and the purchase of products therein (hereinafter, the "Conditions").
If you have any questions related to the Conditions or the Data Protection Policies you can contact us through our contact form. The contract may be formalized, at your option, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
The sale of articles through this web page is carried out under the name GRUPO ZERIMAR, which includes the Zerimar, Airel and Kenrod brands by ZERIMAR VENTAS, S.A., a Spanish company domiciled in Ctra de la Estación s/n in Campillos, Málaga. 29320 (SPAIN) and NIF A29230547, with telephone 952 72 21 25 and email firstname.lastname@example.org.
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The information or personal data that you provide about you will be treated in accordance with the provisions of the Data Protection Policies. By making use of this web page you consent to the processing of already said information and data and declare that all the information or data that you provide us are true and correspond to reality.
4. USE OF OUR WEB PAGE
By making use of this website and placing orders through it, you agree to:
1. Make use of this website only for inquiries or legally valid orders.
2. Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.
If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE
The articles offered through this website are available for delivery to the different countries of the European Union (consult for international shipments).
6. HOW TO MAKE AN ORDER
To place an order, you must follow the online purchase procedure and click on accept payment. Next, you will receive an email with the receipt that contains all the information regarding your order. Then we will inform you by email when your order is being sent to you.
7. AVAILABILITY OF THE PRODUCTS
All orders are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will reimburse you for any amount that you may have paid.
8. TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you may modify them in the "My Account" section.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, on the phone or at the email address mentioned above, to correct the error.
Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will send the order consisting of the related product/s in each Confirmation of Shipment within the term indicated on the web page according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
If for some reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. Keep in mind, in any case, that we do not deliver at home on Saturdays or Sundays.
10. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to make the delivery of your order, we will try to find a safe place to leave it. If we can not find a safe place, your order will be returned to our warehouse. Also, we will leave you a note explaining where your order is and how to do it so that it is sent to you again. If you are not going to be at the place of delivery at the agreed time, we kindly ask you to contact us to arrange delivery on another day.
11. TRANSMISSION OF RISK AND PROPERTY
The risks of the products will be at your charge from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this took place at a later time.
12. PRICE AND PAYMENT
The website prices include VAT (when this tax is applicable), but exclude shipping costs (if any), which will be added to the total amount due as set out in our Purchase - Shipping Guide.
The prices may change at any time, but the possible changes will not affect the orders with respect to which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, these will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling or checking the information that is requested in each step. Also, during the purchase process, before making the payment, you can modify the data of your order. You have a detailed description of the purchase process in the Purchase Guide. Also, if you are a registered user, you have a detail of all the orders made in the My Account section.
You can use Visa, Mastercard, American Express and Affinity Card and PayPal as a means of payment. Likewise, you can pay all or part of the price of your purchase a ZERIMAR credit card that has been made in our establishments. Additionally, you can pay the price of your order through cash on delivery.
To minimize the risk of unauthorized access, your credit card information will be encrypted.
By clicking on the payment authorization, you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
Credit cards will be subject to checks and authorizations by the issuing entity, but if that entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we can not formalize any contract with you.
13. PURCHASE AS A GUEST
This website also allows the purchase through the purchase functionality as a guest. In this purchase mode, you will only be asked for the essential information to be able to process your order. Once the purchase process is finished, you will be offered the possibility to register as a user or continue as a non-registered user.
14. QUICK PURCHASE
Through the quick purchase functionality you can make purchases on this web page more easily, avoiding the introduction of shipping, billing and payment data in each purchase. The Quick Purchase will be available and can be executed in just two clicks.
Immediately a screen with the data of shipment, billing and payment of your purchase will appear. The information available on this screen is not editable, so if any data is not correct, do not finish the purchase. The provisions of this clause will not apply to you if you make a purchase as a guest.
15. TAX ON ADDED VALUE AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question. In the orders with destination to 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 taxes and duties in accordance with current regulations in each of these territories.
You expressly authorize us to issue the invoice electronically. However, you can indicate at any time your willingness to receive an invoice on paper, in which case, we will issue and send the invoice in that format.
16. RETURN POLICY
16.1 Legal right to desist the purchase
Right of withdrawal
If you are hiring as a consumer and user, you have the right to withdraw from this contract within a period of 30 calendar days without the need for justification. The withdrawal period will expire 30 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in the case that the goods that make up your order are delivered separately, to the 30 calendar days of the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods. To exercise the right of withdrawal, you must notify ZERIMAR, at the address: email@example.com, at 952 72 21 25, your decision to withdraw from the contract through an unambiguous statement. In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise by this party of this right be sent before the corresponding deadline expires.
Consequences of the withdrawal
In case of withdrawal, we will refund all the payments received from you and no later than 30 calendar days from the date of receipt of the goods you have abandoned in this contract. We will proceed to make such refund using the same means of payment used by you for the initial transaction. In spite of the foregoing, we may withhold reimbursement until we have received the goods and see that they are in the same condition in which they were received.
Unless you make the return of goods in a physical store, you must assume the direct cost of returning the goods. In that case you must send, along with the products, a hard copy of the electronic ticket that you will have received attached to the Confirmation of Shipment.
You will only be responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
16.2 Contractual right of withdrawal.
In addition to the right of withdrawal legally recognized to consumers and users and mentioned in clause 16.1 above, we grant you a period of 30 days from the date of delivery of the products to make returns of the products (except for those mentioned in the clause 16.3 below, in respect of which the right of withdrawal is excluded). The return of the gift card is governed by the Conditions of Use of the Gift Card.
In case you return the products within the contractual term of the right of withdrawal, but once the legal term has elapsed, you will be reimbursed only for the price paid for such products. You will be responsible for the direct costs of return of the product when you do not return at one of the ZERIMAR stores or by mail. In this case, remember that you must send, along with the products, a printed copy of the electronic ticket that you will have received attached to the Confirmation of Shipment.
You can exercise your right of withdrawal in accordance with the provisions of clause 16.1 above, although if you tell us your intention to withdraw from the contract after the legal withdrawal period, you must in any case deliver the goods within 30 days counted from the date of delivery of the products.
16.3 Common provisions
You will not have the right to withdraw from the contract whose purpose is the supply of any of the following products:
* Personalized items
Your right to withdraw from the contract will apply exclusively to those products that are returned under the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you should be careful with the / the product / s while they are in your possession. Please return the item using or including all original packaging, instructions and other documents that accompany it. You can make returns at any ZERIMAR store or by mail.
• Returns in Zerimar store.
• Postal return.
You can deliver the products through postal return. To do this, you must contact the company by e-mail or telephone and then we will confirm the collection with you and we will send you a return label by e-mail that must be affixed to the package.
Neither option will entail an additional cost for you.
After examining the article we will let you know if you are entitled to the reimbursement of the amounts paid. The reimbursement of transportation costs will only be made when the right of withdrawal is exercised within the legal term and all the items that make up the order in question are returned. The refund will be made as soon as possible and within a period of 30 days from the date of receipt of the goods. The refund will always be made in the same means of payment that you used to pay for the purchase.
You will assume the cost and risk of returning the products to us, as indicated above.
16.4 Returns of defective products
In the cases in which you consider that at the time of delivery the product does not conform to the stipulations of the contract, you must contact us providing the product data as well as the damage you suffer, or by calling the number 952 72 21 25 where we will indicate the way to proceed. We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable time if the refund or replacement of the product (if applicable) is applicable. The refund or replacement of the item will be made as soon as possible and, in any case, within 30 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is applicable.
17. RESPONSIBILITY AND EXEMPTION OF LIABILITY
Except as expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product. However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
* loss of income or sales;
* loss of business;
* loss of profits or loss of contracts;
* loss of anticipated savings;
* data loss;
* loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is established expressly the contrary in it.
17. B. GUARANTEES
If you hire as a consumer and user, we offer you guarantees on the products that we market through this web page, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that manifests itself within two years from the delivery of the product.
It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this website, (ii) are suitable for the uses to which the products are ordinarily intended. of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected.
In this sense, if any of the products does not comply with the contract, you must inform us by following the procedure detailed in section 16.4 above and through any of the means of communication provided for this purpose.
The products we sell, especially handicraft products, can often present the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in veins, texture, knots and color, will not be considered defects or defects. On the opposite, it will count with your presence and appreciate it. We only select products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
18. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, registered trademark and other rights of industrial and intellectual property over the materials or content that are provided as part of the web page correspond to us at all times or to those who granted us a license for its use. You may make use of such material only in the form in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy the information about your order or contact information.
19. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. You will not try to have unauthorized access to this web page, to the server where that page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack. The breach of this clause could entail the commission of infractions typified by the applicable regulations. We will report any breach of this regulation to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically damaging or harmful to your computer, computer equipment, data or materials as a result of using this website or of the download of contents of the same or those that it redirects.
20. LINKS FROM OUR WEB PAGE
In the event that our website contains links to other web pages and third-party materials, these links are provided for informational purposes only, without our having any control over the content of such web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.
21. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send to you be in writing. By using this website, you agree that most of those communications with us are electronic. We will contact you by email or we will provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, assignees and heirs. You may not transfer, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, have been recognized by law or will annul, reduce or limit in any other way the guarantees, both express and implied, that we could have granted him.
23. EVENTS OUTSIDE OF OUR CONTROL
We will not be responsible for any breach or delay in the fulfilment of any of the assumed obligations, when the same is due to events that are beyond our reasonable control ("Cause of Force Majeure"). Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:
1. Strikes, lockouts or other protest measures.
2. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfil said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfil our obligations despite the Cause of Force Majeure.
The lack of requirement on our part of the strict compliance on your part of any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that could correspond to us of said contract or the Conditions, shall not imply any waiver or limitation in relation to said rights or actions nor shall it exempt you from complying with such obligations. No waiver on our part of a right or concrete action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or rights or actions arising from a contract will take effect, unless it is expressly established that it is a waiver and formalized and communicated to you in writing in accordance with the provisions in the section of Notifications above.
25. PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
26. COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the purpose of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written. You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two before it, except that which is expressly mentioned in these Conditions. Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless that fraudulent statement had been made uncertain) and the only action available the other party will be for breach of contract in accordance with the provisions of these Conditions.
27. OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of the substantial changes made to them. These will not be retroactive and, except for possible exceptions according to the specific case, will be applicable after 30 days from the date of their publication in the corresponding notice.
If you do not agree with the changes made, we recommend not using our website.
28. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the contracts for the purchase of products through said website will be governed by Spanish legislation. Any controversy that arises or relates to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are hiring as a consumer, nothing in this clause will affect the rights that are recognized by current legislation.
29. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions, as well as any questions, complaints or claims through our telephone number or the postal or email address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. Your complaints and claims to our customer service will be handled as soon as possible and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification key that we will put in their knowledge and will allow you to follow up on them.