Terms and conditions

OVERVIEW

This website is operated by DENISE. Throughout the site, the terms “we”, “us” and “our” refer to DENISE. DENISE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

This document lays out the conditions governing the use of this website and the purchase of products in the same (hereinafter the “Conditions”).

Please read the Conditions carefully before using this website. By using this site or placing an order through this site, you agree to be bound by these Conditions; therefore if you do not agree with all the Conditions, you should cease the use of this site.These Conditions may be amended. It is your responsibility to read them regularly, because the conditions in force at the time of usage of the site or execution of the Agreement (as defined below) will be the conditions applicable to you.

OUR IDENTIFICATION

Denise studio

C/ Abelles, 5

17466

Vilopriu, Girona

Contact: info@denise.cat

1. INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents of the store, understood by these as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the “contents”), are the intellectual property of DENISE online. Notwithstanding the foregoing, during the time users remain connected to the store, they may make use of said content to the extent that it is necessary for browsing and only when said content is accessible in accordance with the rules provided in this legal notice. Once the user disconnects from our store, he will not retain any right of use over the previous contents.The trademarks, trade names or distinctive signs are the property of DENISE online, or third parties, without it being understood that access to the store attributes to the users any right over the mentioned brands, trade names and / or distinctive signs.

2. USE OF OUR SERVICES BY THIRD PARTIES

If you wish to make any use of the Services, Content or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: denise@denise.cat. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors Services, Content or Marks and ensure that any copyright or propriety notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

4. APPLICATION

4.1. These General Terms and Conditions apply to all purchases of our Products. When placing an order, you must explicitly accept these General Terms and Conditions and agree to their application. These General Terms and Conditions apply to the exclusion of any other terms and conditions. Unless they have been expressly accepted by us in writing, any general or special terms and conditions are expressly excluded. Despite the foregoing, these General Terms and Conditions do not affect the legal rights that are compulsorily granted to you under Spain’s consumer protection legislation.

4.2. We reserve the right to amend these General Terms and Conditions from time to time. However, the version of these General Terms and Conditions that was applicable at the time the order was placed shall continue to apply between you and us with regard to the sale.

5. CONDITIONS OF USE OF THE ONLINE STORE

By using this website and placing orders through the same you agree:

1. To use this website only to make inquiries or place orders that are legally valid.

2. Not to place any false or fraudulent order. If we can reasonably determine that an order is false or fraudulent, we will be entitled to cancel the order and report it to the relevant authorities.

3. To provide us with your true email address, mailing address and/or other contact information. You also agree that we may use that information to contact you.

If you do not provide us with all the necessary information, we will not be able to process your order. By placing an order through this website, you declare to be older than 18 years old and to have legal capacity to enter into agreements.

6. OFFER AND ACCEPTANCE

6.1. We make all reasonable efforts to make the information on the characteristics of the Products and illustrations of the Products as accurate as possible to the extent permitted by technical means. Certain non-substantial characteristics of a Product may on delivery differ from the photographs and descriptions displayed on the Website. Colors may also vary slightly, depending on the lighting and settings of your computer screen.

6.2. DENISE products availability may vary depending on the Users demand. DENISE will prepare the products once the User has made the purchase, so the preparation will be exclusive for the client. In case of non-execution due to unavailability or lack of stock, the amounts paid for the cancelled order will be credited no later 30 days. If you do not want to order any of those substitute products, we will refund any prepaid amount.

Once made the order, If the chosen product is not available, DENISE may supply a product with similar characteristics and with the same or higher quality, at no extra cost.

The articles that are displayed throughout the website can be sent worldwide.

6.3. We are not bound by an offer if this offer is clearly affected by a mistake or error. Manifest or obvious errors in the quotation, such as obvious inaccuracies, can, to the extent permitted, also be corrected after the conclusion of the contract. We cannot be held liable for any (printing) errors in our prices or conditions.

6.4. Your acceptance of our offer is done by placing the order on our Website. This purchase is binding. We strive to send you a confirmation of the order within fourteen (14) working days at the latest to the email address you have provided. 6.5 We reserve the right to refuse an order due to a serious breach by you in relation to the order in which you are involved.

6.6. In accordance with the Economic Law Code, the Parties explicitly acknowledge that electronic forms of communication create a valid Agreement. We may use all electronic files at our disposal, within the limits of the law, to prove the existence of the Agreement. An ordinary, digital or electronically qualified signature is not an essential requirement of proof.

7. PRICE

7.1. The prices of our Products are listed on the Website and are fixed at the time of the order. The accompanying photos are decorative and may contain elements that are not included in the price. Import duties and import tax, where applicable, are to be paid by the customer. Any other costs charged will be stated separately.

7.2. DENISE reserves the right to modify its prices at any time and without prior notice. The price applicable to the purchase request made by the Client will be the one recorded at the time of accepting the General Purchase Conditions. The price of each product will be as quoted in our website, except in cases of obvious error. Although we do our best to ensure that all prices listed on the website are accurate, errors may occur. If we find an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option to either reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be deemed as cancelled and you will receive a full refund of the amounts you have prepaid.

We are under no obligation to supply you with any product at the incorrect lower price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unequivocal and could have reasonably been recognised by you as a mispricing.

Prices may change at any time but (except as stated above) eventual changes will not affect orders for which we have already sent you a Shipping Confirmation.

Once you have finished shopping, all the items you wish to purchase will be added to your cart and the next step will be processing and paying for your order.

You can pay for your order using Visa, MasterCard cards, American Express, Pay Pal, Apple Pay and Google pay. In order to minimise the risk of unauthorised access, your credit card data will be encrypted. Once we receive your order, we will hold the price in your credit card account (pre-authorisation) in order to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.

8. EXECUTION OF THE AGREEMENT

The information contained in these Conditions and the details contained in this website do not constitute an offer to sell, but an invitation to tender. No agreement will exist between you and us in respect of any product unless and until we accept your order. If your tender is not accepted and a charge has already been made to your account, it will be refunded in full. To place an order, you must follow the online purchasing procedure and click on “Authorise payment”. Soon thereafter you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted; since it is an offer you make us to buy one or more products. All orders are subject to our acceptance, which will be notified through an email confirming that the product has been dispatched (the “Shipping Confirmation”). The agreement between you and us for the purchase of a product (the “Agreement”) will be formalised only upon our
sending the Shipping Confirmation to you.

The Agreement will only refer to those products listed in the Shipping Confirmation. We will not be obliged to supply any ordered product until shipping has been confirmed by means of a Shipping Confirmation.

9. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and to remove, or modify any material or content thereof. Although we will do our best to always process all orders, exceptional circumstances may require us to refuse processing an order after sending the Order Confirmation, therefore we reserve the right to do so at any time, in our sole discretion.We will not be liable to you or to any third party for removing any product from this website, regardless of whether the product has been sold or not, for removing or modifying any material or web page content, or for refusing to process an order after having sent you the Order Confirmation.

10. LIABILITY

10.1. To the extent permitted, we cannot be held liable for indirect or consequential damages. Unless excluded by mandatory law, we shall only be liable for damage caused by our failure to comply with our obligations if and to the extent that such damage is caused by our willful and serious fault. We are not liable for any other errors.

10.2. Nothing in these General Terms and Conditions is intended to exclude or limit your statutory rights. In addition, nothing in these General Terms and Conditions is intended to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees); or for fraud or fraudulent misrepresentation.

10.3. Should we nevertheless be held liable, the amount of the compensation will be limited to the total amount paid by you for the Products purchased.

11. RE-SALE AND DISTRIBUTION

This shopping channel is restricted to consumers or the final recipients of our products, thus any professional activity of re-sale, agency or distribution of our products is prohibited.

12. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding for both parties, you and us, and for our corresponding beneficiaries, assignees and successors. You may not transfer, assign, encumber or dispose in any other manner of an Agreement and any of your rights or obligations arising under said Agreement without our prior consent in writing.

We may transfer, assign, encumber, subcontract or dispose in any other manner of an Agreement and any of our rights or obligations arising under said Agreement, at any time during the term of the Agreement. For avoidance of doubt, such transfers, assignments, encumbrances or other transfers will not affect the rights (if any) you have as a consumer under the law, nor will they cancel, reduce or otherwise limit the warranties, express or implied, that we could have provided.

13. EVENTS BEYOND OUR CONTROL

We will not be liable for any failure or delay in performance of any of our obligations under an Agreement that is caused by events outside our reasonable control (“Force Majeure Event”). Force Majeure Events will include any act, event, failure, omission or accident beyond our reasonable control and including the following:

0. Strikes, lockouts or other industrial actions.

1. Civil commotions, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.

2. Fire, explosion, storm, flood, earthquake, land subsidence, epidemics or other natural disaster.

3. Inability to use trains, ships, aircrafts, motorised transports or other means of transportation, either public or private.

4. Inability to use of public or private telecommunications systems.

5. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

6. Strike, failures or accidents of maritime, fluvial or postal transportation, or another type of transportation.

Our obligations arising from the Agreement will be suspended during the period in which the Force Majeure Event goes on, and therefore we will be granted a deadline extension for compliance with said obligations for a period of time equivalent to the duration of the Force Majeure Event. We will take all reasonable action to put an end to the Force Majeure Event or to find a solution that allows us to fulfil our obligations under the Agreement despite the existence of the Force Majeure Event.

14. ENTIRE AGREEMENT

The present Conditions and any other document expressly referred to therein constitute the entire agreement between both parties in respect of the subject of the Agreement and supersede any prior agreement, understanding or arrangement between you and us, orally or in writing.

Both parties hereby acknowledge that they have consented to the execution of the Agreement without reliance on any statement or promise made by the other party or which may be inferred from any statement or written document in negotiations between both parties prior to said Agreement, except for that which is explicitly mentioned in these Conditions.

Neither party will have action in respect of any misrepresentation made by the other party, orally or in writing, prior to the date of the Agreement (except in case of fraudulent misrepresentation), the only action that this party will have is an action for breach of contract in accordance with the provisions of these Conditions.

15. CHANGES TO TERMS OF CONDITIONS

You can review the most current version of the Terms of Service at any time at this page We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

16. GOVERNING LAW AND JURISDICTION

The use of our website and agreements for purchase of products through this website will be governed by the Spanish law. Disputes that may arise from or related to the use of the website or to said agreements will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect your statutory rights under the current applicable law.

17. COMMENTS AND SUGGESTIONS

Your comments and suggestions are welcome. If you have any questions, suggestions, complaints or want to make any inquiries about our online store, contact the DENISE customer service online the following mean:

Email to: info@denise.cat

DENISE must respond to the claims received in the shortest possible time and in any case within a maximum period of one month since the claim was submitted.

In accordance with EU Regulation No. 524/2013, the European Commission has an online dispute resolution platform available to Consumers and Users, which is available at the following link: http://ec.europa.eu/consumers/odr/. Consumers can submit their claims using the online dispute resolution platform.

Questions about the Terms of Service should be sent to us at info@denise.cat

18. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see privacy policy.