GENERAL CONDITIONS

Please, read carefully the purchase general conditions of our website. By using the website and carry out a purchase, you are accepting these conditions. In compliance with the obligations set out in Law 34/2002 about Information Society Services and Electronic Commerce of Spain, we inform you that the present general conditions of contracting, together with the particular conditions that can be established, they expressly regulate the relationship arising between Juan Manuel Pérez González (from now on, SIGNED BY SIMONE), with registered address at C/ Alacant, 20 - Local 10 (08110 Montcada i Reixac, Barcelona, SPAIN), with Corporate Tax ID No. 46038129H and third parties (from now on, “USER”, “REGISTERED USER” and/or “CUSTOMER”) who use the Internet portal bysimone.com, from now on WEBSITE.

SIGNED BY SIMONE reserves, at all times, the right to modify unilaterally, without prior notice, and at any time the presentation and the configuration of the WEBSITE, as well as the present general conditions. Therefore, bysimone.com, recommends to read them carefully every time you access the WEBSITE. The Users will always have these contracting general conditions in a visible place, freely accessible for any queries you want to perform. In any case, the acceptance of the General Conditions will be a previous and indispensable step to the acquisition of any available product through this WEBSITE.

TERMS OF THE PRESENT GENERAL CONDITIONS

USER: it is considered to be the person who accesses the WEBSITE. Likewise, by using it, it is committed to the rigorous fulfillment of the conditions here arranged, as well as any other legal provision that would be applicable.

REGISTERED USER: it is considered to be the person who fulfills the registration form, the General Conditions quoted below are expressly accepted, as well as the Privacy Policy published at the registration time.

GUEST USER: it is considered to be an GUEST USER when a purchase is made by filling out the sales form, but the option to Create Account is not selected, in order to recover the data for the following visits and/or purchases.

CUSTOMER: it is considered a CUSTOMER the USER that fills the sales form and accepts expressly the General Conditions, as well as the Privacy Policy and the acceptance of submission of the communication and the electronic invoices generated after the completion of the purchase.

PRODUCT: it is considered a PRODUCT all the references of our catalogue that are included in the WEBSITE. By browsing in our WEBSITE you agree to the use of cookies in compliance with Royal Decree-Law 13/2012.Cookies collect information in your web browser to offer you a better online experience.

A- INFORMATION ABOUT THE PRODUCTS

PRODUCTS

The products offered on the WEB SITE, along with their features and prices will appear on the screen. The photographs related to the products and trade names, trademarks and distinctive signs of any kind of content on the WEBSITE of SIGNED BY SIMONE are on the actual items on sale.

PRICES

The prices indicated on screen are in euros and they include V.A.T. or any other tax that could be applied and that is in force, except for a typing error. In the case that any CUSTOMER or USER detects a price with the price of 0,00€ (zero euros) must notify it to the service of Customer Attention. A product will never be sold at the price of 0,00€ (zero euros), since this will be due to a technical error and in any case it will be a marketing promotion or technique.

The shipping and/or management costs are not included in the price and they will be shown before the end of the purchase, depending on the shipping address of each order. Currently, shipments are made to any destination, without limit. See the extended information given in the SHIPPING EXPENSES section.

SIGNED BY SIMONE reserves at every moment and uniteraly the right to modify the price of the products offered on the WEBSITE. In order to ensure the USER the certainty and the security of the price of their products, this will be the one in force in the matching advertising at the time to formalize your order.

AVAILABILITY OF THE PRODUCTS

The selection of products offered at bysimone.com is valid as long as the products are visible on the portal, with the limits of the available stock. If the products are in stock, the approximate time of shipment from our warehouses is 48 working hours, with the exception of certain products whose period of time may be higher. In this case, SIGNED BY SIMONE will indicate to the USER the delivery time of the order.

If the product is not in stock, it can also be purchased through bysimone.com but the customer will be promptly informed of the new delivery time.

These deadlines are computed on weekdays- from Monday to Friday- since SIGNED BY SIMONE does not make expeditions on bank holidays, Saturdays nor Sundays. In the case that there is a breakdown of stock or timely unavailability of an article, SIGNED BY SIMONE will contact the CUSTOMER to communicate this immediately and give a new delivery time or, if it is not possible, proceed to its annulment. In any case, a delay in the delivery regarding the indicated deadlines, it will not give the right to the CUSTOMER to demand any compensation.

B- FULFILLMENT OF THE ORDER

For the fulfillment of an order is necessary to connect to bysimone.com and to carry out the process of purchase. The USER can choose whether to become a REGISTERED USER or continue as a GUEST USER.

Once the electronic form to register as a user is completed, available both in the order page and in the user registration, we will send you an e-mail with your access data for future purchases. You will also have access to the private CUSTOMER area where you will be able to view your orders, as well as review, edit and delete your contact details. For security reasons, and in order to avoid possible frauds, the login and the password of the CLIENT will be personal and non-transferrable, committing the CLIENT to make a correct use of this data and assuming all the responsibility for the consequences of its Disclosure to third parties. We recommend you to change your password periodically. It is your responsibility to verify that the data you provide is correct and complete, and you are also obliged to inform us immediately when any variation may occur in the information you have provided to us. You can access to your information and update it through the My Account section of the WEBSITE.

After the registration and to proceed with the purchase of products,you must add the product you want to purchase, according to the information on the screen.

VALIDATION OF THE ORDER

The validation of the order by the CLIENT expressly implies the knowledge and the acceptance of these contracting general conditions as a part of the conclusion of the contract. Unless other thing is proven, the data recorded in the WEBSITE constitutes proof of the set of transactions carried out between SIGNED BY SIMONE and the CLIENT.

The CLIENT is responsible of the billing and shipping data provided at the moment of ordering are correct. SIGNED BY SIMONE is not responsible for the data provided by the CUSTOMER, nor for the damages arising from the incorrect information.

The orders with all products in stock will be immediately released once the payment is confirmed.

FORMS OF PAYMENT

One of the different features of SIGNED BY SIMONE, is transparency and security, of course also in payments.The following order payment systems are the ones established:

- Credit or debit card

SIGNED BY SIMONE has partnered with BBVA to manage all the payments by card through its secure payment gateway. This gateway has all the possible security points in order to avoid fraud and identity spoofing.

If a bank rejection occurs, the order will be automatically canceled.

- Bank transfer

To the bank account we indicate at the moment of the order. SIGNED BY SIMONE is not responsible for those commissions that the banks may apply.

- Paypal

- Payment against reimbursement.

C- WAY AND DELIVERY TIMES

SIGNED BY SIMONE will deliver orders in any destination, without distance limit.

The delivery of products will be made to the shipping address that the CUSTOMER has indicated to us when the order was formalized and on the agreed dates. The delivery dates indicated by SIGNED BY SIMONE will always be an estimate, notwithstanding that SIGNED BY SIMONE uses its bests efforts so that, the shipment and the delivery of the supplied products, are carried out on the dates requested by the CLIENT.

The delivery time shall be amended when, for reasons not directly attributable to SIGNED BY SIMONE, production delays, or disposition of all or some of the products happen. In an informative and not exhaustive way, the following causes of delay are included: supplier, transport and services strikes, failures in the supplies of third parties, failures in the systems of transport, floods, personnel stoppages of SIGNED BY SIMONE, sabotage and any other cause that can be considered to have character of majeure force, as it is stipulated the article 1.105 of the Spanish Civil Code.

INCIDENCES IN SHIPPING

In the case that the CLIENT does not receive the order within a period of more than 10 working days from the next business day from the purchase, it should contact immediately with the Customer Service pf SIGNED BY SIMONE so that we can make the necessary arrangements.

In the case that the reason is due to loss of the transport undertaking, SIGNED BY SIMONE will notify the incident so the transport company located the package, in some occasions this investigation may take between 1 or 2 weeks.

D- EXCLUSION OF RESPONSIBILITY

SIGNED BY SIMONE reserves the right to modify unilaterally, without prior notice, and at any time the presentation and the configuration of the WEBSITE and any of the ends contained in the presents Contracting Terms and/or General Conditions in the manner consider it advisable, informing to the USERS about the modifications made through bysimone.com.

Therefore, bysimone.com, recommends to USERS and CUSTOMERS, to read them carefully every time they access to the WEBSITE. If they do not agree with any of the general conditions, privacy policy, norms about the use of cookies or any other condition published within our WEBSITE, we recommend you not to use this WEBSITE.

The USERS will always have these contracting general conditions in a visible site, freely accessible for any queries they want to make. In any case, the acceptance of the General conditions will be a previous and indispensable step to the acquisition of any available product through the WEBSITE.

SIGNED BY SIMONE has the right but not the obligation to correct errors or omissions of any information on the WEBSITE. SIGNED BY SIMONE disclaims any kind of liability arising from the information published on its WEBSITE manipulated or introduced by a third party.

SIGNED BY SIMONE is considered a page which is addressed to the elderly. the access of a CLIENT or USER which is minor, it will be the responsibility of its tutor or guardians, as well as the installation of Internet control tools to avoid access to materials or contents not suitable for minors, or sending personal data without the prior authorization of such tutors.

The USER is aware and voluntarily accepts, when using this WEBSITE, the general conditions that takes place, in any case, under its sole and exclusive responsibility.

E- APPLICABLE LAW AND COMPETENT JURISDICTION.

The presents Contracting General Conditions shall be governed by the Spanish law, which shall be applicable in the non-provisions of this agreement in matters of interpretation, validity and execution.

In order to solve any controversy that may arise in the interpretation or execution of the present conditions, the parties may submit the complaint in the Courts or Tribunals of the corresponding jurisdiction within the spanish territory of the Peninsula.

If any of the included clauses in these general conditions were declared wholly or partly null or void, such nullity or ineffectiveness will only affect that provision or the part of it that is null or void, subsisting the general conditions in everything else having such disposition or the part of the same that would be affected by not set.

F- RESPONSIBILITIES

By putting at the USER’s disposal this WEBSITE we want to offer you a whole series of contents and quality services, using the utmost diligence in the rendering of them as well as in the technological means used. However, we will not respond to the presence of viruses and other elements that may in any way damage the USER’s computer system.

The USER has prohibited any kind of action on our portal that originates an excessive operating overhead to our computer systems, as well as the introduction of viruses, installation of robots or software that alters the normal functioning of our WEBSITE, or ultimately can cause damage to our computer system.

The USER assumes the responsibility derived from the use of our WEBSITE, being solely responsible for any direct or indirect effect on the WEBSITE derived, including, in an informative and not limitative way, all the economic, technical and/or adverse juridical results, as well as the defraudation of the expectation generated by our portal, forcing the user to keep SIGNED BY SIMONE harmless for any of the claims arising directly or indirectly from such facts.

SIGNED BY SIMONE is exonerated of liability for any claim regarding the intellectual property rights of the articles and images published on the WEBSITE, as well as it does not guarantee the accuracy, veracity and validity of the contents of the WEBSITE whether they are own, from third parties, or linked to other websites, being completely exonerated of any liability arising from the use of the same.

SIGNED BY SIMONE is exonerated of any liability derived from any claim, including the payment of attorneys’ fees, for the demands and claims originated by third parties for the breach by the USER of our terms of use, access and privacy policy, or any other claim for non-compliance with the current legislation.

The USER acknowledges that it has all the information regarding the terms and conditions of use of our WEBSITE, and recognizes that they are sufficient for the exclusion of the error in the same, and therefore, it accepts them full and expressly.

The USER is fully aware that the mere browsing of this WEBSITE, as well as the use of its services, implies the acceptance of the present use conditions.

Everything related to our WEBSITE is governed exclusively by Spanish law. In the case of any discrepancy or difference between the parties in relation to the interpretation and content of the present website, all parties submit, with expressly waiver to any other jurisdiction, Courts and Tribunals of the province of the city where the main office is located, which is indicated above. For any question regarding the Terms and Conditions of Use of our WEBSITE you can contact us in the above mentioned data.

G- LAW ABOUT SOCIETY OF INFORMATION AND THE ELECTRONIC COMMERCE:

In accordance with the provisions of the article 10 of the Law 34/2002, of 11st of July. about services of the society of the information and the electronic commerce, we inform you that:

Our name or social denomination: SIGNED BY SIMONE

Our registered office: C/ Alacant, n. 20 Local 10 (08110 Montcada i Reixac, Barcelona, SPAIN)

Our e-mail address:info@bysimone.com

The owner of the domain name bysimone.com is Wontersaf, S.A.

Our TAX ID number is: 46038129-H.

In the case of offering products and services through our WEBSITE, you can consult the prices of the same, on the WEBSITE itself, or consulting directly to SIGNED BY SIMONE.

The electronic procurement of our products and/or services shall be governed by the provisions of the Title IV of Law 34/2002, of 11st of July, about services of the society of the information and the electronic commerce, and other applicable rules.

Likewise, in accordance with the provisions of the Law 34/2002, of 11st of July, about services of the society of the information and the electronic commerce, the user authorizes in advance and expressly, by accepting the present conditions of use of the WEBSITE, when fulfilling any form of data collection, when contracting any service or acquiring any product, as well as by sending the e-mails from which we can get your e-mail address, receiving communications, advertising or not, via e-mail. As the recipient of such communications, you have the right to revoke this consent by simply notifying that will by postal or electronic mail.

H- CANCELLATIONS AND RETURNS

We contemplate two cases of return:

  • If you have received a defective, damaged product or not the one you had ordered, you must notify it immediately by sending an e-mail to info@bysimone.com. For this, you have a period of 14 calendar days after the reception. In this case, SIGNED BY SIMONE will take charge of the management and the expenses generated by the return and the new shipment. We will send you again the order in the same way that you had selected. The product must be in the same condition that you received it: inside its packaging and with all the elements that it contained. You can change the product for another one or apply for a voucher for the same amount you paid, to buy later on.
  • If your decision to return is for reasons beyond our responsibility, either because you have changed your mind, you prefer another product or size, you can return the product in the same conditions as you received it, prior notification via e-mail to info@bysimone.com. you have 14 calendar days to carry out the return and you can do it through the same shipping option that the delivery was made. In this case, remember that the shipping expenses will be in your charge.

We are sorry but under no circumstances can the money be refunded, due to the cost of generating the order and bank charges that this implies.
Remember that if you do not ant to change it for anything, we can make a voucher for you to buy what you like later.

We inform you that our company will be closed from 15.04.19 to 22.04.19, both inclusive.

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