- 1. Purpose and scope
- 2. Quality and warranty
- 3. Advice
- 4. Prices and invoicing
- 5. How to place an order
- 6. Shipping costs
- 7. Availability of products
- 8. Payment
- 9. Methods and periods of delivery
- 10. Information provided on the website
- 11. Intellectual and industrial property
- 12. Hiperlinks
- 13. Responsibility of www.encajesantiguos.es
- 14. Obligations of customers and users
- 15. Right of withdrawal
- 16. Applicable legislation. Subjection to jurisdiction
1 - Purpose and scope
The present General Terms of contract and use have the purpose of regulating both the availability of the information provided by the online shop www.encajesantiguos.es, and the commercial dealings that may emerge. The kind of item that is sold and marketed on the web www.encajesantiguos.es consists of antique textile lace, period clothing, hand fans, parasols, and accesories; the peculiarities of each product shall be recorded in their respective catalogue entries.
Both the mere use of this website or the navigation through this online shop and the purchase of any of the products offered on it mean the acceptation as a user, without any reservations, of each and every one of the present General Terms of contract and use.
www.encajesantiguos.escan, at any time and without prior notice, change both the present General Terms of contract and use and the particular terms that in the event should be included; it can do it by publishing the aforesaid changes in the shop, so that they can be known by the users, in order to record the date of the changes.
The user undertakes to use neither the website nor the information provided on it to carry out activities against the law, morality, or public order, and in general he undertakes to use it in accordance with the present conditions of use. Both access and use of information are sole responsibility of those who carry these activities out, and www.encajesantiguos.es cannot be held liable for the damages that could derive from the aforementioned access or use (alien to its will) of the information.
All the contents of the website (included but not limited to data bases, images, designs, references; text, audio and video archives, and software) are the property of www.encajesantiguos.esand are protected by the national or international regulations concerning intellectual and industrial property. The logos, brands, captions or distinctive signs of www.encajesantiguos.es which appear on the web page are the property of this virtual shop and they cannot be the object of modification, copy, alteration, reproduction, adaptation or translation by the user o a third party without the express authorisation from www.encajesantiguos.es, unless stated otherwise.
www.encajesantiguos.esinforms the website user that it may be necessary fill in some online form to the purposes of a right provision of the service. By entering their data, users shall give their consent to the inclusion of the aforesaid data in one or more files of personal data which www.encajesantiguos.es is responsible of, and whose aim is both to provide the user with the services those personal data are asked for and send him or her further commercial information about the products and/or services of www.encajesantiguos.es.
2 - Quality and warranty
www.encajesantiguos.es sells and markets unique, singular, and original products, handmade or machine made; each of them can be classed as antique, old, or second-hand.
Each product shows a general description of the kind of good and its peculiarities, that is, some general information that consists of an opinion formed with the utmost objectivity by www.encajesantiguos.esto the best of its knowledge and belief. As the knowledge of our products progresses, the information on them shall improve.
The sale of items with destination to other countries than Spain, members of the European Union or otherwise, is subject to Act 16/1985 of PHE (Spanish National Heritage), Royal Decree 111/1986, and Regulation EC 116/2009. Items more than 100 years old shall require an export permit. This procedure is decided by the Ministry of Education, Culture and Sport once a month, and this delay shall in turn be ground for some delay in the delivery of items sold. In order to learn the requirements of the procedure, different depending on the sort of permit, destination, and compulsory tax payment, the user can ask for specific information on the items of interest to them by writing to us email@example.com.
www.encajesantiguos.es is not responsible for the condition, flaw, fault or physical damage of each item due to its use or the course of time, prior its publication in our web. Our items are marketed in the condition in which they are shown in the aforesaid web, where the user shall be informed about their present condition and the restorations they may have undergone, if there has been any, or deterioration. The user or buyer cannot demand any refund, indemnification, restoration, fixing or repair of the products on sale because of their condition as showed on the web. For any after-sales problem we shall help you in the Customer Service department via the e-mail address firstname.lastname@example.org.
3 - Advice
www.encajesantiguos.es may advise you on your doubts about the election, use and preservation of our products, always with our best will and trying to help and guide the customer. www.encajesantiguos.es does not take any responsibility for its opinions, advice or guiding being always satisfactory for the customer, since the condition and use of each product are particular. Yo can send us your queries via the e-mail address email@example.com.
4 Prices and invoicing
The currency used in the sale of products in our shop is the Euro (€). The selling prices published in our web have the VAT included. www.encajesantiguos.es reserves the right to modify the selling prices without prior notice.
The buyer shall have to notify all the necessary data (full name or company name, CIF/NIF/DIN/Passport/VAT, telephone number, fax, e-mail address, complete address, postcode, town and country) and relevant sort of tax (IVA, VAT, equivalence surcharge, exemption from taxes) to www.encajesantiguos.es, in writing and at the time of reservation or purchase, in order to issue the relevant invoice.
Those users purchasing articles catalogued in our web as older than 100 years and with destination to countries not members of the European Union shall, according to Act 16/1985 of PHE (Spanish National Heritage), art. 30, have to pay a tax to the Ministry of Education, Culture and Sport in order to obtain their respective export permit. If the user has reserved or bought one or more items, www.encajesantiguos.es undertakes to fulfill the formalities required to apply the aforesaid permit on behalf of the buyer or addressee, after having obtained his or her express consent, and without any additional expense for them, except the compulsory tax stipulated by law, which in any case shall be met by the buyer or addressee. The aforementioned tax is calculated according to the value of the item: those up to 6,000.00 € pay a 5 % tax; those from 6,001.00 € until 60,000.00 € pay a 10 % tax. All the expenses, if there should exist, of entry of our items into any country in the world other than Spain shall be met by the buyer.
5 - How to place an order
Yo can place your order by navigating through the catalogue of our virtual shop www.encajesantiguos.es, and visiting our Tree of Contents and Categories, in order to add the items of your interest to your shopping basket. To this end, please fill in and validate the order form. This validation by the user and/or customer expressely means their knowledge and acceptation of the general terms of contract as a part of the contract signing. A binding norm establishes that the user/buyer’s minimum age to make a purchase through our web must be the age of majority (18 years in Spain or the age of majority established by law in each of the countries from which the purchase should be made).
www.encajesantiguos.es shall send a proof of purchase reservation, via e-mail. If you desagree with the data recorded in the aforesaid proof, you may ask for their modification or the cancellation of your reservation in the term of 24 hours.
6 - Shipping costs
Shipping costs for normal delivery with destination to the Iberian Peninsula and the Balearics shall be met bywww.encajesantiguos.es. Shipping costs for normal delivery with destination to Canaries, Ceuta and Melilla shall be met by www.encajesantiguos.es provided that the purchase price is equal to or over 90 €. When the purchase price is lower than 90 €, shipping costs shall be met by the buyer or addressee.
Shipping costs for normal delivery out of Spain with destination to Germany, Austria, Belgium, Danemark, France, Netherlands, Italy, Luxembourg, Poland, United Kingdom, Czech Republic, and Switzerland shall be met by www.encajesantiguos.es provided that the purchase price is equal to or over 125 €. When the purchase price is lower than 125 €, shipping costs shall be met by the buyer or addressee.
For Russia, shipping costs of any sort shall be met by the customer for any price or purchase.
For the items in the section OFFERS, shipping costs with destination to Spain (Iberian Peninsula, Balearics, Canaries, Ceuta and Melilla) shall be met by de www.encajesantiguos.es, provided that the total price of the shopping cart for the items in the said section is equal to or over 90 €. When the purchase price of items with this destination is lower than 90 €, shipping costs shall be met by the buyer or addressee.
For items in the section OFFERS, shipping costs with destination to Germany, Austria, Belgium, Danemark, France, Netherlands, Italy, Luxembourg, Poland, United Kingdom, Czech Republic, and Switzerland, shall be met bywww.encajesantiguos.es, provided that the total price of the shopping cart for items in the said section is equal to or over 125 €. When the purchase price of items with this destination is lower than 125 €, shipping costs shall be met by the buyer or addressee.
If a buyer or addressee would hire a means of transport other than the offered bywww.encajesantiguos.es, transport insurance, express delivery and other additional services to any destination, domestic or abroad, the buyer or addressee shall always met any expenses other than the normal ones. In all the cases, the express consent of the buyer or addressee shall be necessary.
7 - Availability of products
Items on sale offered by www.encajesantiguos.es are those showed in our website. Their nature makes each of them singular and exclusive, therefore its availability is unique.
8 - Payment
The means of payment to make your purchases atwww.encajesantiguos.es are:
8.1- Credit/debit card
www.encajesantiguos.es warrants you the utmost security and confidentiality when making your purchases at our online shop. The data in your credit/debit card are encrypted using the safety protocol SSL and passed directly on the respective financial entity, which either accepts or refuses the payment. The information communicated by the net offers a security level similar to the way of operating in a cash dispenser. www.encajesantiguos.es cannot neither know nor save the data in your card. Should the TPV inform of the refusal of the card, the order shall be automatically cancelled, and the customer shall be informed of the cancellation.
8.2 - Bank transfer
Bank transfers shall be made in currency Euro (€) to the following account:
Financial entity: Banco SANTANDER
Holder: Fernando López Sánchez
CCC: 0049 0245 11 2210033982
IBAN electronic format: ES3000490245112210033982
IBAN paper format: IBAN ES30 0049 0245 1122 1003 3982
When making the transfer, you have to record your full name and order number or reference in the field SENDER/ORDERER. You have 5 working days to make your transfer after having placed your order. The order shall not be considered effective until the respective deposit is confirmed. The period of delivery for the purchased products shall begin at that date, except for items which require export permit with destination to countries out the European Union, whose period of delivery begins at the date of the permit issue by the Ministry of Education, Culture and Sport.
8.3 - Paypal
9 - Methods and periods of delivery
The purchased products shall be sent to the remittance address provided by the user/buyer. The average periods of delivery from the reception of the payment inwww.encajesantiguos.es are usually between 4 and 7 working days for the Iberian Peninsula, and between 4 and 10 working days for the Balearics and the Canaries.
The customer must check the condition of the merchandise at the time of the delivery. In the event of their discovering any problem at the time of the delivery of their order, they must indicate it by writing in the transporter’s delivery note, and contact us via our e-mail address firstname.lastname@example.org d in the first 24 hours after the reception of the merchandise, attaching some photographic pictures of the problem. No return of the damaged item and no claim of missing item shall be accepted if the incidence has not been communicated in the established period.
10 - Information provided on the website
www.encajesantiguos.es does its utmost so that the data and information contained on our website is truthful and error-free. If any error should appear, we shall proceed to correct it as soon as possible.
www.encajesantiguos.es does not accept any responsibility for those website contents merely providing information. They may be incomplete or not updated, or not to be suitable for all the cases and applications. If the information provided about a product should tally with another product, the customer shall have the right to cancel his o her purchase without any cost for them.
All the contractual information appearing inwww.encajesantiguos.es shows itself in Spanish, English and French. The contact with customers and users shall be made in Spanish.
11 - Intellectual and industrial property
All the contents published in the shop and particularly the disegns, graphics, logos, buttons, as well the software, trade names, brands or industrial designs and any other sign which can be the object of industrial and commercial use, are subject to intellectual and industrial property rights of www.encajesantiguos.es or third parties, owners of these rights, who should have duly authorised their inclusion on the website. In no case a licence shall be understood to have been granted, or a relinquisment, transfer or total or partial cession of the aforesaid rights to have been made, or any right or expectation of right to have been granted, particularly the right to alter, exploit, reproduce, distribute or publicly communicate anything relating to the aforesaid contents without the prior and express authorisation in writing bywww.encajesantiguos.es or its owners.
12 - Hiperlinks
It is expressely forbidden, without our prior consent, to introduce hiperlinks for commercial purposes into web pages alien to www.encajesantiguos.es if these hiperlinks allow the access to our website. In any case, the existence of hiperlinks in websites alien to us shall not entail either the existence of any commercial relationships with the owner of the web page where the hiperlink is established or the acceptation by www.encajesantiguos.es of its contents or services.
www.encajesantiguos.es In the future,may on occasion provide with access to other web pages held by us of their interest. The aim of these links is only to make easier the search of resources that may be of interest for the users via Internet. Notwithstanding, the aforementioned pages do not belong to www.encajesantiguos.es, and this web do not check their contents, and because of that it shall not be responsible for them, for the working of the linked page or for the possible damages that could derive from the access to or use of them.
13 - Responsibility of www.encajesantiguos.es
www.encajesantiguos.es is not responsible for the damages that may derive form interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operative working of this electronic system or in the users’ computer appliances. www.encajesantiguos.es reserves the right to cut off the access to the website and does not warrant that users either employ the website in accordance with the law, the present General Terms, morality, good manners generally accepted, and public order, or in a diligent and prudent way.
14 - Obligations of customers and users
The user, in general, undertakes to comply with the present General Terms as well as the special warnings or instructions of use contained in them or on the website, and to act always in accordance with the law, good manners, and requirements of good faith, using due diligence and refraining from using the website in any way that could prevent or damage its normal working, or the goods or rights of www.encajesantiguos.es, of its suppliers, the rest of users, or in general any third party. Both the access to the web and its use are forbidden to minors without the express consent of their parents or guardians. www.encajesantiguos.es shall not be responsible for the truthfulness and accuracy of the data provided by the user, and therefore it cannot check their age. The user, without it involving any restriction on the previous section, undertakes:
14.1- To provide truthful information in relation to the data asked for in the user’s register form or the order form, and to keep them updated.
14.2 - Not to introduce, store, or diffuse in the shop or from it any information or material which could be defamatory, insulting, obscene, threatening, xenophobe, or which may encourage violence, or racial, sexual, ideological or religious discrimination, or which in any way could infringe morality, public order, basic rights, public rights, honour, privacy or image of third parties, and in general current regulations.
14.3 - Not to introduce, store, or duffuse via the shop any program, data, virus, code, or any other electronic or physical device which could damage the website, any of its services, or any of the equipments, systems, or nets belonging to www.encajesantiguos.es, to another user, our suppliers or in general any third party.
14.4 - To diligently guard the “user name” and the password provided by www.encajesantiguos.es assuming the responsibility for the damages that may derive from their improper use.
14.5 - Not to perform advertising or commercial exploitation activities through the website, and not to use the its contents and informations relating to it either in order to send advertising or messages with any other commercial purposes, or in order to collect or store third parties’ personal data.
14.6 - Not to misrepresent your identity, or represent yourself as someone else, when using the website or any other of its services, including the use, in its case, of third parties’ passwords or access codes, or in any other way.
14.7 - Not to destroy, use for your own profit, put out of action, or damage the data, information, programs, or electronic o documents belonging to www.encajesantiguos.es, their suppliers or third parties.
14.8 - Not to introduce, store or diffuse through the shop either any content which may violate intellectual or industrial property rights or third parties’ business secrets, or in general any content of which you do not have the right, in accordance to law, to make it available to a third party. The customer undertakes to make possible the delivery of goods ordered by him by providing a delivery address where the order can be delivered in the usual hours for delivery of merchandise. Should the customer fail to fulfill this obligation, www.encajesantiguos.es shall have no liability for the delay or impossibility of delivering the order asked for by the customer.
15 - Right of withdrawal
You have the right to withdraw from your order in a term of 14 days with no need for justification. The withdrawal period shall expire in 14 natural days from the date when you, or a third party on behalf of you, acquired the material possession of the goods. If you are not satisfied, you can ask for the return of the purchase made at www.encajesantiguos.es always by sending an e-mail to email@example.com and explaining the ground for the return, the order number and invoice. Returns not previously communicated and accepted by us shall not be accepted. In order to exercise the right of withdrawal, you shall notify us your decision of withdrawing from the contract, with a messenger, to the following address: ENCAJES ANTIGUOS, Atención al Cliente, Fernando López Sánchez, Lagasca 36, 28001 Madrid, Spain, tel. + (00) 34.6220.127.116.11, e-mail address firstname.lastname@example.org), by unequivocal statement (for instance, a letter sent by post or e-mail). You may use the withdrawal form that appears below, although its use is not compulsory (Withdrawal Form). Likewise, you have the option of filling in and e-mailing any other unequivocal statement via our website www.encajesantiguos.es. If you recur to this option, we shall, via e-mail and with no delay, communicate you the reception of the aforesaid withdrawal. For complying with the period of whitdrawal it shall be sufficient to have sent the communication relating to your exercising this right before the respective deadline. All the products that have been damaged, stained, badly manipulated, used, transformed, or damaged by natural fenomena, after the delivery by www.encajesantiguos.es and that are not in the same condition they show in our web, shall be excluded from the right to return and invalidated.
Consequences of withdrawal: in case of withdrawal on your part, we shall refund you the full amount you have paid for the item which has given cause for withdrawal, including shipping costs (except for extra expenses resulting from your electing a delivery method different from the least expensive normal delivery offered by us), without any undue delay and, in any case, in 14 days from the date when we are informed of your decision of withdrawing from the present contract. We proceed to make the aforesaid refund using the same means of payment used by you in the initial transaction, unless you have resolved expressely on the contrary; in any case you shall not incurre any expenses as a consequence of the refund. We may retain the refund until having received the goods, or until you have produced a proof of the return of them: as it happens first. You shall assume the direct cost of returning the goods.
16 - Applicable legislation. Subjection to jurisdiction The sales made at www.encajesantiguos.es are subject to
The sales made at www.encajesantiguos.es are subject to the Spanish law. If any conflict or disagreement should emerge in the interpretation or application of the present General Terms of contract, both parties, expressely relinquishing any other jurisdiction, shall subject to the courts in Madrid.
Last updating: 1 September 2015