Terms And Conditions Of Use
Terms And Conditions Of Use
May 10, 2022 2022-05-13 18:11Terms And Conditions Of Use
By means of the present terms of use, we make available to our users the general information that we, as service providers of the society, are obliged to make available to them, as required by art. 10 of Law 34/2002, of July 11, 2002, on services of the society of information and digital commerce.
1. IDENTITY AND OWNERSHIP OF THE WEBSITE
D13C Studio, S.L. Universidad, Edificio Quorum III, 1 – C.P. 03202, Elche (Alicante) Contact Form The name of the owner of the Website www.d13cstudio.com (hereinafter, the “Website”) is D13C STUDIO, S.L. (hereinafter, D13C Studio), a commercial company registered in the Commercial Register of Alicante in Volume 4423, Record 167, Page A-177025, 1st Inscription, with TIN B- 67694968 and with headquarters located at Universidad, Edificio Quorum III, 1 – C.P. 03202, Elche (Alicante). Should you wish to contact us, you can do so through our postal address Universidad, Edificio Quorum III, 1 – C.P. 03202, Elche (Alicante), through our Contact Form, through our telephone number 628 61 62 63, by e-mail [email protected], or through our social networks. If your question is related to our use of your personal data or if you wish to unsubscribe from any of our services, we would like to invite you to check our Privacy Policy. The User is responsible for carefully reading the following terms and conditions, as they affect the User’s legal rights and responsibilities. Should the User not agree to these terms and conditions, he/she should not access D13C Studio. In case of any questions regarding this document, the user should contact D13C Studio.2. CONTRACT
By accessing or using any part of the D13C Studio website, the user agrees to be bound by these Terms and Conditions and authorises the company to obtain information from third parties, including any information relating to his/her credit or debit cards (including credit reports) to verify his/her identity and validate his/her credit or debit cards.3. REGISTRATION
By using this Website, the user guarantees that he/she is legally capable of entering into binding contracts; is at least 18 years of age; the personal information he/she provides when registering on this Website is accurate, complete and up to date in all regards; and, he/she is not pretending to be or representing another person or entity. The user must immediately notify us of any changes to his/her personal data via our Contact Form, via telephone number 628 61 62 63, via email [email protected], or via our social networks.4. PRIVACY POLICY
D13C Studio will treat all personal data as confidential and will only use it in accordance with its Privacy Policy. All information processed about the user will be in accordance with our Privacy Policy. By using the Website, the user agrees to the processing of information and guarantees that all provided data is accurate.5. USER PROTECTION
To ensure secure or non-consensual use of credit, debit or payment cards, D13C Studio will validate the name, address and other personal information provided during the checkout process to prevent disclosure to third party databases. D13C Studio will take all necessary steps to ensure that all orders are thoroughly checked against the personal data provided. The company may, at its discretion, contact the user for additional security checks, in which case the user will be asked to cooperate accordingly. D13C Studio will not tolerate fraudulent transactions and will report them to the appropriate authorities. By agreeing to these terms and conditions, the user consents to these checks. When carrying out checks on the personal data provided by the user, such data may be disclosed to the registered credit reference body which, in turn, may store a record of such information. The user is guaranteed that this process is carried out solely for the purpose of confirming his identity and protecting his personal data, that no credit check is carried out and that his credit rating remains unchanged. All information provided will be treated as strictly confidential in accordance with Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.6. COMPLIANCE
The Website may only be used for legal purposes and in accordance with the law. The user hereby agrees to comply with the laws and regulations in force in relation to the Website and its use. The user expressly agrees to:
- not upload or transmit through the Website any computer viruses, Trojan horses, worms or anything else designed to interfere with or disrupt the normal operation of a computer,
- not upload or transmit through the Website any defamatory, offensive or obscene material; and
- not attempt to gain unauthorised access to the Website, the server on which the D13C Studio Website is hosted or any server, computer or database connected to the D13C Studio Website. The user must not commit any denial of service attacks or distributed denial of service attacks against the D13C Studio Website.
By breaching this provision, the user will be committing a criminal offence under Spanish law and applicable European Union law. D13C Studio will report any such breach to the relevant authorities and will cooperate with such authorities by disclosing the identity of the user. In the event of such a breach, the user will immediately lose the right to use the D13C Studio Website.
D13C Studio is not responsible for any loss or damages caused by a distributed denial-of-service attack, viruses or any other technologically harmful material that may infect the user’s computer equipment, computer programs, data or other proprietary material due to the fraudulent use of the D13C Studio Website or from the downloading of any content posted on the D13C Studio Website or any other website linked to the D13C Studio Website.
7. ORDERS
All orders are subject to approval and availability of items. If the items ordered are not available, the user will be notified via email, via telephone number 628 61 62 63, or via our social networks. The user may wait until the item is available in stock or may cancel his/her order.
Orders placed by the user will be treated as an offer to purchase goods or services from the company and the company reserves the right to refuse such offers at any given time. The user acknowledges that any automatic order confirmation he/she may receive from the company does not constitute acceptance of the offer to purchase the goods or services advertised on the Website. The contract between the user and the company is formalised when D13C Studio:
- charges the user’s credit card, debit card or PayPal account or,
- sends the items to the user or initiates the services, whatever they may be, at which time the company will send the user an email informing about the execution of the contract (Confirmation of Shipment). The contract will only refer to the items or services confirmed by the company in the Confirmation of Shipment.
D13C Studio is not obliged to supply any other items or services that may be part of the User’s order until the delivery of those items or services is confirmed in a separate Confirmation of Shipment.
D13C Studio will take the necessary measures in its power to ensure the security of the user’s order and payment details and shall be exempted from any liability. D13C Studio will not be held liable for any loss caused to the user due to unauthorized access by third parties to any data at the time of accessing or ordering from the Website.
The products marketed on the Website are not authorised for resale or distribution. D13C Studio reserves the right to cancel orders or suspend accounts if it considers that the products are ordered in a way that breaches this provision.
The user assumes responsibility for his/her order when it has been delivered to the address specified at the time the order was placed.
D13C Studio is not liable if the delivery address provided is incorrect or if the user could not pick up his/her items at the provided delivery address.
8. CANCELLATION RIGHTS
When purchasing the goods or services as a consumer (i.e. for private as opposed to commercial use), the user has the right to cancel the contract concluded with the company within 30 days from the date of receipt of the goods or services (Reflection Period). If a contract is cancelled during the Reflection Period:- the user must notify D13C Studio via our postal address Universidad, Edificio Quorum III, 1 – C.P. 03202, Elche (Alicante), via our Contact Form, via telephone number at 628 61 62 63 63, via email at [email protected], or via our social networks.
- the user must store the items and ensure that they are kept in the same condition in which they were delivered and must preserve their packaging and labelling until the company retrieves them or the user sends them back;
- D13C Studio will notify the user when they wish to retrieve the goods or services. The company will retrieve the goods or services within 28 days from the date of receipt of the cancellation notice, charge the cost of retrieving said goods or services, and deduct it from the outstanding amount of the company’s payment to the user. Alternatively, the user can return the goods and services to D13C Studio by contacting us via our postal address Universidad, Edificio Quorum III, 1 – C.P. 03202, Elche (Alicante), via our Contact Form, via telephone number at 628 61 62 63, via email at [email protected], where he/she will be informed and provided with the corresponding shipping details;
- D13C Studio will refund the amount charged within 30 days from the date of receipt of the cancellation notice.
9. PRICE AND TERMS OF PAYMENT
The prices displayed on the Website include VAT (where applicable) according to current regulations and are accurate at the time they are uploaded into the system. D13C Studio reserves the right to change prices at any time and without prior notice to users (changes will not affect orders for which the company has sent the user the Confirmation of Shipment). If the user’s delivery address is located in Spain, no additional taxes will be charged. Any order delivered outside Spain may include import duties and taxes (including VAT) which will be charged once the shipment arrives in the destination country. All additional charges will be covered by the user. Each country has different customs policies and practices. D13C Studio recommends contacting your local customs office for more information. Payment can be made by credit or debit card or, with a PayPal account. Payment will be debited from your account prior to shipment of products or provision of services. If an error occurs with the price displayed on the checkout page (wrong price) and this is ascertained before accepting your order, according to the term “Cancellation Rights”, D13C Studio is not obliged to sell the products at the price displayed and reserves the right to not accept such orders. D13C Studio will take all reasonable steps to ensure that all details, descriptions and prices of products presented on the Website are correct, but errors may occur. If an error occurs in the price of products ordered by the user, he/she will be informed as soon as possible and will be offered the option to reconfirm the order at the correct price or to cancel the order. Cancellation of an order that has already been paid for (but not shipped) will result in a full refund to the user. The user confirms that the credit or debit cards, or the PayPal account used, are his/her own. All credit/debit cardholders are subject to checks and authorisations by the card issuer. If for any reason, the card issuer refuses or does not authorise payment, D13C Studio cannot be held liable for any delay or cancellation of the order. The user may use Discount Codes provided that they are subject to the terms and conditions under which they were issued, which may include, but are not limited to, terms relating to compliance with usage requirements and maximum order value. The user should be aware of such terms and conditions before placing the order as the company reserves the right to refuse or cancel any order that does not comply with these terms, even if the credit or debit card has been charged. If there is any inconsistency between the terms and conditions of the Discount Codes and these Terms and Conditions, the terms and conditions of the Discount Codes shall prevail. A copy of the terms and conditions of the Discount Codes can be obtained on request via our Contact Form, via telephone at 628 61 62 63, via email at [email protected].10. WEBSITE OFFERS
Discounts on site/selected items
Discounts applied to basket, excluding free gifts and other promotional items. Maximum discount value and percentage will vary depending on the offer.
Tiered Discount
Discount applied when offer requirements are met. Percentage and maximum discount value may vary depending on the offer.
Decreasing Discount
The discount percentage decreases over time, as specified. Percentage and maximum discount value may vary depending on the offer.
Before/Now Price
Discount applied directly to the products as displayed on the Website. Occasionally, Before/Now Prices will be cumulative with a discount code where the promotion allows.
Gifts
Gifts will be added directly to the basket when the offer requirements are met. In some cases, gifts will need to be added manually, in which case instructions will be provided.
Free Shipping
Discount applied at checkout, discount will match shipping costs specific to the country from which the order is placed. Shipping to other countries may include additional costs.
Multi-purchase
Discount applied to the lowest qualifying item in the basket (e.g. 2 for 1).
11. PERSONAL DATA PROTECTION
In accordance with the provisions of Law 15/1999, of December 13, Protection of Personal Data, D13C Studio informs you that the personal data you voluntarily provide through forms provided on the website, will be incorporated into an automated file responsibility of D13C Studio in order to properly provide the service requested by you. Furthermore, they will be transferred in cases where it is necessary to connect with a third party (national or international) to provide the requested service. In addition, you hereby authorize your data to be used for the purpose of sending you information about products and services of D13C Studio that may be of interest to you. Consent will be understood to have been given as long as you do not communicate in writing the withdrawal of your consent to any of the aforementioned data processing. Furthermore, you may at any time express your decision NOT to receive any type of advertising by digital means. To exercise this right, you can contact us using the following Contact Form. You may at any time exercise your right of access, rectification, cancellation and opposition under the terms established in Law 15/1999 of 13 December on the Protection of Personal Data. The data controller is D13C Studio with address at Universidad, Edificio Quorum III, 1 – C.P. 03202.12. GENERAL CONDITIONS AND REQUIREMENTS FOR THE USE OF THE WEBSITE
In these General Terms and Conditions, the following definitions correspond to the meanings given below: Services are considered to be all functions, installations, applications, information or other services that can be obtained through the website. Access, use, browsing and participation in the services and activities of this website gives you, from the beginning, the status of User. If you continue browsing the website it will be understood that you expressly, voluntarily and unreservedly accept the Conditions of Use of this website. If you decide not to accept these conditions, you must refrain from accessing and/or using the contents and services offered on this website. Acceptance of the Terms of Use implies that you as User:- Declare that you have read, understand and fully grasp the contents of these Conditions.
- Declare that all the information that you provide us by making use of any of our services is true and accurate, without limitations, reservations or false information.
- That in order to use some of the services offered through this website, you explicitly accept the following Conditions of Use and the Privacy Policy in relation to the purpose of the processing of the data informed before sending your personal information.
13. PERMITTED AND PROHIBITED USE OF THE WEBSITE
D13C Studio grants the user a limited authorisation to access the website and its content, as well as its exploitation as a support and communication resource, solely for the purposes specified on the website, provided that all indications of intellectual property and protected rights (if any) relating to the content of the website are maintained. All other uses of the website, including use for purposes other than those mentioned above, as well as modification, distribution, transmission and downloading of the site (with the exception of page caching), re-posts or Reverse Engineering, without the prior written permission of D13C Studio, are prohibited (insofar as such prohibition is not excluded under applicable law). The authorisation to use the website does not include, for example, commercial exploitation or distribution of the content of the website, the registration of any lists, descriptions or prices of products, media or services, as well as the derivative use of the website or the content of the website (including framing), downloading or copying of information for the benefit of other traders, any use of data mining tools, robots or the like for data mining and extraction, any use of website content on any website environment, server or computers included in a network, or the use of website content suggesting a link to D13C Studio products, support or services. The user is strictly prohibited from using the website in a manner that is contrary to these terms and conditions or in breach of any applicable laws or similar provisions, or that causes or may cause damage, interruption or impairment of the website or services. The user is also prohibited from gaining unauthorised access to any part of the Website or to other customers’ accounts or computer systems or networks linked to the Website, whether through Hacking, password Mining or in any other way.14. COPYRIGHT – OWNERSHIP OF DOCUMENTS PUBLISHED ON THE WEBSITE
D13C Studio does not transfer any rights to any content on the website that is downloaded or used by the user. The content of the website, including, but not limited to, its selection and arrangement, is the property of D13C Studio and all copyrights and other rights are reserved. The limited permission to use documents from the website is expressly conditioned on the acceptance, observance and safeguarding of all copyright, trademark and other proprietary notices on the website content, as well as all copyright and other intellectual property rights of D13C Studio in such content. Unauthorised use or copying of content from the Website or use of the Website contrary to these provisions may result in violations of trademark rights, intellectual property rights or other protected rights, as well as civil or criminal law provisions. Users are prohibited from using any content of the website (or any type of document made available through the website) in a way that infringes trademark rights, intellectual property rights or other protected rights. D13C Studio reserves all rights in respect of any such unauthorised use or breach of these terms and conditions.15. REGISTERED TRADEMARKS
D13C Studio is a registered trademark of D13C Studio, S.L.
All trademarks, logos, Internet addresses, product or model names or any derivations describing any product, support or service of D13C Studio, are registered trademarks and/or property of D13C Studio.
The use of these trademarks or their modification is strictly prohibited, unless expressly authorized in writing by D13C Studio.
Other product or company names used on the website may be trademarks or registered trademarks of their corresponding owners.
16. DISCLAIMER OF LIABILITY FOR INFORMATION PUBLISHED ON THE WEBSITE
D13C Studio and other individuals and companies co-operating in the development, manufacture, hosting or provision of content on the website shall not be liable for any direct, indirect, special, incidental or consequential damages or for any compensation including a penalty, for example, for loss of data, lost profits, business interruption or loss of time, or for damages of any kind (including, but not limited to, damages caused by negligence or any other wrongdoing), arising out of the use of or inability to use the content of the website, even if D13C Studio or an authorised representative has been advised of the possibility of such damages.
According to the relevant legislation, the disclaimers contained in this paragraph may be prohibited in all cases. If so, the disclaimers in this section shall apply only to the maximum extent permissible under the relevant law.
17. LINKS TO AND FROM THE WEBSITE
You are obliged to request and obtain the written permission of the website operator before linking to the website. Deep linking is strictly prohibited. All links to the website must lead to the homepage of the website and it must be made clear that the website and its content must be considered separate from the website containing the corresponding link and, furthermore, that D13C Studio is the owner and/or operator of the website. D13C Studio may provide hyperlinks to other Internet websites or resources. Acceptance of these links to the website is for convenience only and does not imply endorsement by D13C Studio of the other website or any association with its operators. D13C Studio asks users to use their own judgement when visiting D13C Studio or external websites and resources.
A user’s interaction with any external websites is solely at the user’s own risk.
D13C Studio has not verified the accuracy or reliability of information on external websites or resources that are linked to the Website or accessed through the Website or that contain links to D13C Studio’s websites and does not endorse the content, promotion, products, support, services or other materials available on or through such external websites or resources, and D13C Studio assumes no responsibility or liability for such materials. D13C Studio does not vouch for the accuracy, copyright compliance, legitimacy or decency of materials and information contained on external websites or resources, excluding any warranties for them, whether express or implied. D13C Studio assumes no liability, directly or indirectly, for any loss or damages caused or alleged to be caused by use of or reliance on any content, products, support or services available on or through external websites or resources.
18. USE OF SESSION COOKIES
In order to control the user’s session, the D13C Studio website uses session cookies when the user navigates through the websites and web pages. These cookies allow the system to identify the user, while maintaining his/her settings, data related to his/her current purchases and other D13C Studio client company account information. The cookies used cannot read data from the user’s hard drive. These cookies store identification codes of the session established and not of the user personally. The cookies used are not harmful and are only used during the user’s session.
19. LIABILITY DISCLAIMER
The information provided on the Website is provided on an “as is” and “as available” basis and the company makes no warranties of any kind, express or implied, in relation to the Website or its use. The user agrees that D13C Studio cannot guarantee or be held liable for the security or confidentiality of the Website or any information provided by the user. The user must assume the risk associated with the use of the Internet.
D13C Studio makes every effort to ensure that the material on the Website is accurate, reliable and of high quality and accepts no responsibility if this is not the case. D13C Studio shall not be liable for any errors or omissions or for the results obtained from the use of such information or for any technical problems that the user may experience with the Website. When D13C Studio receives notice of any inaccuracies in the material on the Website, it will attempt to correct such inaccuracies as soon as possible.
In particular, D13C Studio disclaims all liability in connection with the following:
- incompatibility of the Website with the user’s equipment, software or telecommunication links;
- technical issues, including possible errors or interruptions in the service of the Website;
- inadequacy, unreliability or inaccuracy of the Website; and
- if the Website does not meet the user’s requirements.
Pursuant to applicable law, the user agrees that D13C Studio shall not be liable to the user or any third party for any loss or unforeseen damage (both terms include, but are not limited to, loss of profits, loss of business, loss of anticipated savings, unnecessary expense, loss of privacy and loss of data) or any other indirect, special or punitive damages of any kind arising out of or in connection with the use of the Website.
20. DISSOLUTION
If any provision of these Terms and Conditions is found to be illegal, invalid or unenforceable, it shall not affect the validity and enforceability of the remaining Terms and Conditions.21. WAIVER
No waiver by D13C Studio shall be construed as a waiver of any breach or future breach of any term of this agreement.
22. FULL AGREEMENT
These Terms and Conditions constitute the full contract between the user and D13C Studio.23. MODIFICATIONS TO THE WEBSITE AND TO THESE TERMS AND CONDITIONS
D13C Studio and/or Third Party Providers may at any time with or without notice make improvements and/or changes in the products, features, support, services, programs, prices and update these terms and conditions from time to time as it deems appropriate. Any changes will be notified to users by posting on the relevant Website or by other means of communication. It is the users’ responsibility to check for such changes, which will apply to the use of the Website once they have been notified. If the user does not wish to accept the new terms, the user must cease using the Website. If the user continues to use the Website after the effective date of the changes, use of the Website indicates that the user agrees to be bound by the new terms; to modify or delete, temporarily or permanently, the Website and its content (or any part thereof) without notice; and, the user agrees that D13C Studio shall not be liable to the user or any third party for any modification, suspension or withdrawal of the Website or its content; disable any password or identification code that D13C Studio has provided to the user, has been personally chosen or assigned by the company, at any time if, in the company’s sole discretion, the user has breached any of the provisions established in this document. Any changes will be effective with respect to Users who use this site after such change. Continued use of these websites after the posting of any changes shall be deemed acceptance of such changes and the User may be held liable for direct non-compliance with such changes. In the event that you as a User do not agree with the updates to the Terms and Conditions of Use, you may waive them by ceasing to access this website or, if you have provided your personal data, by exercising your rights as set out in more detail in our Privacy Policy. At the end of these Terms and Conditions of Use, the last date on which they were updated will always be published, so that the changes introduced will be effective as of that date.24. APPLICABLE LAW AND JURISDICTION
D13C Studio is based in Spain, therefore these Legal Conditions have been drafted in accordance with the Spanish legislation and applicable regulations of the European Union. In case of conflict, claims or complaints arising from or related to the use of this website will be subject to the aforementioned legislation, without prejudice to the principles governing conflicts of laws applicable to each case.
The User agrees that claims or complaints against D13C Studio arising from or related to the operation or use of this website will be resolved by the court of competent jurisdiction located in Elche (Alicante).
If D13C Studio would have to make any kind of claim, it will do so before the competent court of the User’s domicile or in Elche (Alicante) in the case of legal persons or non-consumer professionals.
If you access this site from a location outside Spain, you will be held responsible for complying with all applicable local and international laws.