General conditions

Please read carefully the general purchase conditions of our website. By using the WEBSITE and making a purchase, you are accepting these conditions. In compliance with the obligations set out in Spanish Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that these General Conditions of Contracting, together with any specific conditions that may be established, expressly regulate the relationship arising between Juan Manuel Pérez González (hereinafter, 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 (hereinafter, the “USER”, “REGISTERED USER”, and/or “CUSTOMER”) who use the Internet portal bysimone.com (hereinafter, the WEBSITE).

SIGNED BY SIMONE reserves the right, at any time and without prior notice, to modify unilaterally the presentation and configuration of the WEBSITE, as well as these General Conditions. Therefore, bysimone.com recommends reading them carefully each time you access the WEBSITE. Users will always have these General Conditions available in a visible place, freely accessible for consultation. In any case, acceptance of the General Conditions will be a prior and indispensable step to the purchase of any product available through this WEBSITE.

TERMS OF THESE GENERAL CONDITIONS


USER: Any person who accesses the WEBSITE. By using it, the USER undertakes to strictly comply with the conditions established herein, as well as with any other applicable legal provisions.

REGISTERED USER: Any person who completes the registration form, thereby expressly accepting these General Conditions and the Privacy Policy in force at the time of registration.

GUEST USER: Any person who makes a purchase by completing the sales form without selecting the “Create Account” option. In this case, data will not be stored for future visits and/or purchases.

CUSTOMER: Any USER who completes the sales form and expressly accepts these General Conditions, the Privacy Policy, and the receipt of communications and electronic invoices generated after completing the purchase.

PRODUCT: All references from our catalogue included on the WEBSITE. By browsing our WEBSITE, you agree to the use of cookies in compliance with Royal Decree-Law 13/2012. Cookies collect information in your browser to offer you a better online experience.

A- INFORMATION ABOUT THE PRODUCTS


PRODUCTS


The products offered on the WEBSITE, along with their features and prices, will be displayed on screen. The photographs of the products, as well as trade names, trademarks and distinctive signs appearing on the WEBSITE of SIGNED BY SIMONE, correspond to the actual items offered for sale.

PRICES


The prices shown on screen are in euros and include VAT or any other applicable tax in force, except for typographical errors. If any CUSTOMER or USER detects a product listed with a price of 0.00€ (zero euros), they must notify Customer Service. Products will never be sold at a price of 0.00€ (zero euros), as this is due to a technical error and shall under no circumstances be considered a valid promotion or offer.

Shipping and/or handling costs are not included in the price and will be shown before the purchase is completed, depending on the shipping address of each order. Shipments are currently made to any destination without restriction. See the extended information in the SHIPPING COSTS section.

SIGNED BY SIMONE reserves the right, at any time and unilaterally, to modify the prices of the products offered on the WEBSITE. However, to ensure certainty for the USER, the applicable price shall be that in force at the time the order is confirmed.

AVAILABILITY OF PRODUCTS


The selection of products offered on bysimone.com is valid as long as they are visible on the portal and within the limits of available stock. If products are in stock, the approximate shipping time from our warehouses is 48 working hours, except for certain items with longer delivery times. In such cases, SIGNED BY SIMONE will inform the USER of the expected delivery time.

If the product is out of stock, it may still be purchased, and the CUSTOMER will be promptly informed of the new delivery time.

Delivery times are calculated in working days (Monday to Friday). SIGNED BY SIMONE does not ship on public holidays, Saturdays, or Sundays. In case of stock shortages or temporary unavailability, SIGNED BY SIMONE will contact the CUSTOMER immediately to communicate the situation and provide a new delivery date or, if not possible, cancel the order. Any delay beyond the indicated deadlines shall not entitle the CUSTOMER to claim compensation.

B- PLACING AN ORDER


To place an order, you must connect to bysimone.com and complete the purchase process. The USER can choose to register as a REGISTERED USER or continue as a GUEST USER.

Once the electronic registration form is completed (available both on the order page and in the user registration section), you will receive an email with your login details for future purchases. You will also have access to your private CUSTOMER area where you can view your orders and review, edit, or delete your personal information. or security reasons, the CLIENT’s login details and password are personal and non-transferable. The CLIENT undertakes to use them responsibly and assumes full responsibility for any consequences arising from their disclosure to third parties. We recommend changing your password periodically. It is your responsibility to ensure that the information you provide is accurate and complete, and to inform us immediately of any changes. You can access and update your data in the My Account section of the WEBSITE.

o purchase a product, add it to your shopping cart and follow the instructions provided on screen.

VALIDATION OF THE ORDER


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

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

Orders with all products in stock will be immediately processed once payment is confirmed.

FORMS OF PAYMENT


One of the distinguishing features of SIGNED BY SIMONE is transparency and security, especially in payments. The following order payment methods are established:

- Credit or debit card

SIGNED BY SIMONE has partnered with BBVA to manage all card payments through its secure payment gateway. This gateway includes all possible security measures to prevent fraud and identity theft.

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

- Bank transfer

To the bank account indicated at the time of the order. SIGNED BY SIMONE is not responsible for any commissions that the banks may apply.

- Paypal

- Cash on delivery

C- SHIPPING AND DELIVERY TIMES


SIGNED BY SIMONE will deliver orders to any destination, without distance limitation.

Product delivery will be made to the shipping address provided by the CUSTOMER when the order was placed and on the agreed dates. The delivery dates indicated by SIGNED BY SIMONE will always be estimates; however, SIGNED BY SIMONE will use its best efforts to ensure that shipment and delivery of the supplied products are carried out on the dates requested by the CLIENT.

The delivery time may be modified when, for reasons not directly attributable to SIGNED BY SIMONE, production delays or issues with the availability of some products occur. Informatively and not exhaustively, the following causes of delay are included: supplier, transport and service strikes, failures in third-party supplies, transport system failures, floods, staff stoppages at SIGNED BY SIMONE, sabotage, and any other cause considered as force majeure, as stipulated in article 1.105 of the Spanish Civil Code.

SHIPPING INCIDENTS


If the CLIENT does not receive the order within more than 10 working days from the business day following the purchase, he/she must immediately contact SIGNED BY SIMONE Customer Service so that the necessary arrangements can be made.

If the reason is due to loss by the transport company, SIGNED BY SIMONE will notify the incident so that the transport company locates the package. In some cases, this investigation may take between 1 and 2 weeks.

D- EXCLUSION OF LIABILITY


SIGNED BY SIMONE reserves the right to unilaterally modify, without prior notice and at any time, the presentation and configuration of the WEBSITE and any of the contents of these Contracting Terms and/or General Conditions in the manner it considers appropriate, informing USERS of the modifications made through bysimone.com.

Therefore, bysimone.com recommends USERS and CUSTOMERS to read them carefully each time they access the WEBSITE. If they do not agree with any of the general conditions, privacy policy, cookie usage rules or any other condition published on our WEBSITE, we recommend that you do not use this WEBSITE.

USERS will always have these general contracting conditions available in a visible place, freely accessible for any queries. In any case, acceptance of the General Conditions will be a prior and indispensable step for the acquisition of any product available through the WEBSITE.

SIGNED BY SIMONE has the right, but not the obligation, to correct errors or omissions in any information on the WEBSITE. SIGNED BY SIMONE disclaims all liability for information published on its WEBSITE that has been manipulated or introduced by a third party.

SIGNED BY SIMONE is considered a site addressed to adults. If accessed by a CLIENT or USER who is a minor, it will be the responsibility of his/her parents or guardians, as well as their installation of Internet control tools to prevent access to material or content unsuitable for minors, or to prevent sending personal data without prior authorization from such guardians.

The USER is aware of and voluntarily accepts, when using this WEBSITE, the general conditions that apply, in any case, under his/her sole and exclusive responsibility.

E- APPLICABLE LAW AND JURISDICTION


These General Contracting Conditions shall be governed by Spanish law, which shall apply to all matters not provided for in this agreement regarding interpretation, validity, and enforcement.

To resolve any disputes that may arise regarding the interpretation or execution of these conditions, the parties shall submit the complaint to the Courts or Tribunals of the corresponding jurisdiction within the Spanish territory of the Peninsula.

If any of the clauses included in these general conditions were declared wholly or partly null or void, such nullity or ineffectiveness shall affect only that provision or the part declared null or void, with the rest of the general conditions remaining in force.

F- RESPONSIBILITIES


By providing this WEBSITE to the USER, we aim to offer a wide range of quality content and services, exercising the utmost diligence in their provision and in the technological means used. However, we are not liable for the presence of viruses or other elements that may in any way damage the USER’s computer system.

The USER is prohibited from taking any action on our site that generates excessive operating overloads to our computer systems, as well as from introducing viruses, installing robots, or software that alter the normal functioning of our WEBSITE, or that may ultimately cause damage to our computer systems.

The USER assumes all responsibility arising from the use of our WEBSITE, being solely responsible for any direct or indirect effects, including, but not limited to, all economic, technical and/or legal consequences, as well as the frustration of expectations generated by our portal, undertaking to hold SIGNED BY SIMONE harmless for any claims arising directly or indirectly from such actions.

SIGNED BY SIMONE is exempt from liability for any claims regarding intellectual property rights of articles and images published on the WEBSITE, as well as for the accuracy, reliability and validity of the content on the WEBSITE, whether from itself, third parties, or linked to other websites, being fully exonerated from any liability arising from their use.

SIGNED BY SIMONE is also exempt from any liability arising from claims, including attorneys’ fees, made by third parties for the USER’s breach of our terms of use, access and privacy policy, or for non-compliance with applicable law.

The USER acknowledges that he/she has received all information regarding the terms and conditions of use of our WEBSITE, recognizes that they are sufficient to exclude error, and therefore accepts them fully and expressly.

The USER is fully aware that merely browsing this WEBSITE, as well as using its services, implies acceptance of these conditions of use.

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

G- LAW ON INFORMATION SOCIETY AND ELECTRONIC COMMERCE


In accordance with the provisions of Article 10 of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, we inform you that:

Our name or company name: SIGNED BY SIMONE

Our registered office: C/ Alacant, nº 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 their prices directly on the WEBSITE or by contacting SIGNED BY SIMONE.

The electronic procurement of our products and/or services shall be governed by Title IV of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, and other applicable regulations.

Likewise, in accordance with Law 34/2002, the user expressly authorizes, by accepting these terms of use of the WEBSITE, when filling in any data collection form, contracting any service or acquiring any product, as well as by sending e-mails from which we obtain your e-mail address, to receive communications, whether advertising or not, via e-mail. As the recipient of such communications, you have the right to revoke this consent by simply notifying us by postal or electronic mail.

H- CANCELLATIONS AND RETURNS


We contemplate two cases of return:

If you have received a defective or damaged product, or one different from what you ordered, you must notify us immediately by sending an e-mail to info@bysimone.com
within 14 calendar days of receipt. In this case, SIGNED BY SIMONE will handle the management and costs of the return and the new shipment. We will resend your order in the same way you originally selected. The product must be in the same condition in which you received it: inside its packaging and with all elements included. You may exchange the product for another one or request a voucher for the same amount paid, to use later.

If your decision to return is for reasons beyond our responsibility, such as a change of mind, preference for another product or size, you may return the product in the same condition as received, after notifying us via e-mail at info@bysimone.com
. You have 14 calendar days to make the return, using the same shipping option as in the delivery. In this case, shipping costs will be at your expense.

Please note that under no circumstances can money be refunded, due to order processing costs and bank charges. If you do not wish to exchange the product for anything else, we can issue you a voucher to purchase something later.

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