GENERAL CONTRACTING CONDITIONS OF:
1.- IDENTIFICATION OF THE PARTIES.
On the one hand, "MIRIAM PEDROS FORNES", hereinafter ELOQUENTCLICKS, whose other identifying data appears in the Legal Notice and owner of the domain www.eloquentclicks.com, hereinafter Website, and elsewhere; The User who contracts the products offered through the Website.
2.- ACCEPTANCE AND MODIFICATION.
The User declares that he has legal capacity to contract and accepts full and unreserved adherence to the General Contracting Conditions, hereinafter GCC, in the version published at the time of the hiring.
3.- OBLIGATIONS OF THE PARTIES.
3.1.- ELOQUENTCLICKS’s obligations:
- Provide services in accordance with the GCC and without breaching good contractual faith.
- Make the GCC and the particular conditions available to the User.
- Send the User proof or invoice of the contracted products.
3.2.- Obligations of the User:
- Carry out full compliance with the provisions of the GCC.
- Complete the registration forms with accurate and current information. The User will be the only responsible for the veracity and updating of the information.
- Maintain the confidentiality of the information provided and immediately notify the loss, theft, illegitimate access, as well as its knowledge by third parties.
4.- AVAILABILITY OF PRODUCTS.
In the event of a specific unavailability of a product, the User will be informed by email of such extreme and the new indicative delivery time. In case that the product is finally never available, once informed via email, he may receive a product with similar characteristics or cancel the order.
The published prices include VAT, but not shipping costs, the User will be able to know the amount of such costs before contracting the products.
6.- PAYMENT FORMS. CONTRACT ACCEPTANCE.
- Credit card.
- Wire transfer.
7.- TRANSMISSION OF RISK AND OWNERSHIP.
The User acquires ownership of the products at the time of full payment of all quantities, including shipping costs.
The risk of loss or deterioration will be transmitted to the User, when he or a third party indicated by him, different than the carrier, has acquired its material possession. In the event that it is the User who orders the transport or the carrier chosen was not among those proposed by ELOQUENTCLICKS, the risk will transmit to the User with the delivery of the goods to the carrier.
8.- SHIPPING POLICY.
REST OF EUROPE
Delivery times should be 24/48 hours. In any case, ELOQUENTCLICKS will deliver the products to User within a maximum period of 30 calendar days from the conclusion of the contract. The contract will be formalized between the parties from the moment the User receives an e-mail from purchase confirmation. At the time the order is available to the carrier, User will receive another e-mail informing you of such circumstance.
9.- PROCEDURE, RIGHTS OF CANCELLATION AND WITHDRAWAL, AND LEGAL GUARANTEE.
To exercise the rights of cancellation, withdrawal and use of guarantee, the User must get in touch with ELOQUENTCLICKS at firstname.lastname@example.org or email@example.com.
9.2.- Right of Cancellation.
The User may cancel their order at no cost as long as it is communicated before the order has been packed for our carrier to pick it up. Be aware that we prepare the orders the same day and ship the next day, so if there’s any cancellation it would have to be processed before it’s prepared.
9.3.- Right of Withdrawal.
The User will have a period of 15 calendar days from when he acquires possession of the property to withdraw from the contract without the need for any justification and without any penalty.
The right of withdrawal will be applicable as long as the contracted products are returned in the same conditions (together with its full original packaging, labels and together with any accessories related to them), and the purchase invoice is attached. In any case, ELOQUENTCLICKS will determine if these requirements are met. If this right is granted, the User will assume the cost for the return of the products, in case of not being granted; Products will be sent freight collect.
9.4.- Legal Guarantee.
The User has a warranty period of two years from the delivery of the product. Not included in this guarantee are the deficiencies caused by negligence, blows, use or improper manipulations by the User. Unless proven otherwise, it will be presumed that the lack of conformity manifest in the six months after delivery of the product already existed when the product was delivered. The legal guarantee includes the following rights for the User:
- If the product does not comply with the contract, the User may choose between demanding the repair or the replacement of the product, unless one of these two options is objectively impossible or disproportionate to the detriment of ELOQUENTCLICKS. All expenses for the exercise of This right will be free for the User.
- The price reduction and the termination of the contract will proceed, at the User's choice, when the latter could not demand repair or replacement and in cases where these have not been carried out in a reasonable time or without major inconveniences for the User. Resolution won’t proceed when the lack of conformity is of little importance.
ELOQUENT CLICKS designates as address for notification purposes the one stipulated in the Legal Notice. The email address provided by the User during the registration process will be the one used by ELOQUENTCLICKS for the purposes of notifications. All notifications made in accordance with the indicated procedure will be considered validly carried out.
11.- COMPETENT JURISDICTION.
In the event of a dispute between the parties, territorial jurisdiction will correspond, at the User's choice, to the domicile of the latter or the defendant.
GENERAL USE CONDITIONS OF
These general conditions of use (hereinafter GUC), regulate the access and use of the Website under the domain www.eloquentclicks.com (hereinafter Website), owned by "MIRIAM PEDROS FORNES" (in hereinafter ELOQUENTCLICKS), made available to users (hereinafter User / s).
If you have any questions or queries related to the use of and access to the Website or these GUC, you can contact us through the contact information published in the Legal Notice.
2.- CONFORMITY WITH THE PRESENT GENERAL CONDITIONS.
The use of the Website implies full acceptance by the User of the GUC in force in each moment in which the User accesses it. So if you do not agree with any of the Conditions established here, you must refrain from using this Website. Consequently, the User must carefully read the GUC each time he intends to use the Website.
In any case, ELOQUENTCLICKS reserves the right to modify, without prior notice and at any time the GUC. Likewise, ELOQUENTCLICKS reserves the right to suspend, interrupt or stop operating the Website at any time. By "use of the Website", it is understood any User who accesses and browses the Website regardless of whether you fill in the registration forms.
3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.
Access to the Website and / or the Contents included in it does not imply any type of guarantee regarding the suitability of the Website and / or the Contents included therein for private purposes or specific to Users.
ELOQUENTCLICKS may establish limitations and / or additional conditions for the use and / or access to the Website and / or the Contents, which must be observed by the Users in any case.
3.1- Access and Use of the Website.
Unless otherwise provided, the use of the Website will be free, without prejudice to the cost of connection through the corresponding telecommunications network that the User has contracted.
The User acknowledges being over eighteen years old, and is also aware and accepts voluntarily and expressly that the use of the Website is carried out in any case under your sole and exclusive responsibility.
The User undertakes to comply with the GUC, as well as to comply with the special warnings or instructions contained in the Website and to always act in accordance with the law, good customs and the requirements of good faith, using its maxim in attention taking into account the nature and consideration for the service you enjoy. To this end, you will refrain from using the Website in any way that may prevent, damage or deteriorate the normal operation of the same, the goods or rights of ELOQUENTCLICKS, its suppliers, its distributors, the rest of the Users or in general of any third party.
Specifically, and without implying any restriction on the obligation assumed by the User with general character in accordance with the previous section, the User agrees to use the Website:
a) Not to introduce, store or disseminate on or from the Website, any information or material that is libelous, obscene, threatening, xenophobic, pornographic, advocating terrorism, inciting violence, discrimination based on race, sex, ideology, religion or that in any way threatens against form, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general the current regulations.
b) Not to introduce, store or disseminate through the Website any computer program, data, virus, code, or any other electronic or physical instrument or device that is likely to cause damage on the Website, in any of the services, or in any of the equipment, systems or networks of ELOQUENTCLICKS, of any User, of ELOQUENTCLICKS’s Suppliers or Distributors or in general of any third party, capable of causing any type of alteration or preventing the normal functioning of the same.
c) Not to introduce, store or disseminate through the Website any content that violates the rules of intellectual, industrial property or rights of third parties, nor in general any content of which will hold, in accordance with the law, the right to make it available to third parties.
3.2- Access and Use of the Contents.
The Contents of the Website are made available to the User with information from both own sources and third parties.
ELOQUENTCLICKS tries to have Contents that are of the highest possible quality and are reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance and / or timeliness of the Contents.
4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
By means of these GUC, no intellectual or industrial property rights over the Website or on any of its component elements, the User being expressly prohibited from reproduction, transformation, distribution, public communication, making available, extraction, reuse, reshipment or use of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.
The User may view and obtain a temporary private copy of the Contents for their exclusive use personal and private in their computer systems (software and hardware), provided that it is not for the purpose to develop activities of a commercial or professional nature. The User must refrain from obtaining, or try to obtain the Contents by means or procedures other than those that in each case have been made available to you or indicated for this purpose or those that are commonly used on the Internet (provided that the latter do not entail a risk of damage or disablement of the Website). The User must respect at all times all intellectual and industrial property rights on the Website, owned by ELOQUENTCLICKS or third parties.
5.- EXCLUSION OF GUARANTEES AND LIABILITY.
5.1.- Exclusion of Guarantees and Responsibility for the Functioning of the Website.
ELOQUENTCLICKS does not guarantee the availability and continuity of the Website and the services or Contents offered in it, nor that the existing content on its Website is updated, being exonerated from all responsibility for damages and losses of any nature that may arise from such circumstances. ELOQUENTCLICKS will carry out, provided there are no circumstances that make it impossible or difficult execution and as soon as you have news of errors, disconnections and / or lack of updating of the contents, all those tasks aimed at correcting errors, reestablishing communication and / or update the referred contents.
Likewise, ELOQUENTCLICKS does not guarantee the technical reliability of its Website, nor access to its different pages, being in the same way exonerated of all responsibility for the damages and losses of any nature that may originate from this cause.
In addition, ELOQUENTCLICKS is not responsible for possible errors or security deficiencies that could be produced by the use by the User of a browser of an outdated version or insecure in the browser or damages, errors or inaccuracies that may arise from the wrong operation of the same.
In order to reduce the risk of virus introduction on the Website, it uses virus detection programs to control all the Contents that you enter on the Website. However, ELOQUENTCLICKS does not guarantee the absence of viruses, or of other elements on the Website introduced by third parties unrelated to ELOQUENTCLICKS that may produce alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, TIERRABRICO will not be responsible for any damages of any kind that may derive from the presence of viruses or other elements that may cause alterations in the systems physical or logical, electronic documents or files of the Users.
ELOQUENTCLICKS adopts various protection measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, ELOQUENTCLICKS does not guarantee that Unauthorized third parties may have access to the type of use or navigation of the Website made by the User or the conditions, characteristics and circumstances in which it is carried out. In consequence, ELOQUENTCLICKS will not be in any way responsible for damages that may arise from such unauthorized access.
ELOQUENTCLICKS will not be responsible in any case for the use that users and / or third parties may do the Website or the Contents, nor the damages that may arise from it.
5.2.- Exclusion of Guarantees and Responsibility for the Contents.
ELOQUENTCLICKS does not edit the Contents of third parties published on the Website and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and actuality of said Contents, as well as of the Contents owned by ELOQUENTCLICKS.
ELOQUENTCLICKS will not be in any case responsible for any damages that may derive from:
(i) the lack of legality, veracity, accuracy, completeness and / or timeliness of the Contents originated by third parties and their own;
(ii) the unsuitability for any purpose and the fraud of the expectations generated by the Contents;
(iii) decisions or actions taken or avoided by the user relying on the information or data provided or provided in the Contents, including without limiting the loss of profits or business opportunities.
Those people who intend to establish hyperlinks between their Web page and the Website must observe and fulfill the following conditions:
i) Prior authorization will not be necessary when the Hyperlink only allows access to the page start of the Website, but you will not be able to reproduce it in any way. Any other form of Hyperlink will require the express and unequivocal authorization in writing from ELOQUENTCLICKS.
ii) The Web page in which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
iii) The Web page on which the Hyperlink is established will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, as well as Nor will it contain content contrary to any third party rights.
iv) ELOQUENTCLICKS reserves the right to block Hyperlinks to the Website that do not have with prior express authorization, even complying with the provisions of this point of the General conditions.
7.- ACTIONS IN CASE OF NON-COMPLIANCE.
ELOQUENTCLICKS reserves the right to exercise whatever actions are available in law to demand the responsibilities derived from the breach of any of the provisions of these General Conditions of the Website by a user.
8.- PARTIAL NULLITY.
The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective will not affect the validity or effectiveness of the rest, which will remain binding Between the parts.
9.- APPLICABLE LAW AND JURISDICTION.
These GUCs will be governed by the provisions of Spanish law. Any controversy regarding the conditions of use and access to this Website contained in the present GUC document of the Website, the parties submit, expressly renouncing any other jurisdiction that may correspond to them, unless the contrary is determined by legal imperative, the Courts of Denia(Alicante).
For the purposes of making the appropriate notifications, ELOQUENTCLICKS designates as the contact address the one specified in the Legal Notice.
The email provided by the User during the registration process on the Website will be the one used by ELOQUENTCLICKS in order to notify the User.
The User is obliged to keep the data that for notification purposes are referenced in this clause. All Notifications made by ELOQUENTCLICKS to the User will be considered validly made if they have been carried out using the data and through the aforementioned means.
ELOQUENTCLICKS is not responsible for any damage that may occur due to the violation of the User of his obligation to keep his contact information updated.