General Terms and Conditions
These General Contracting Conditions (hereinafter, "the General Conditions") govern the access and use of the Web Site accessible through the domain name https://lodemanuela.com/ (hereinafter, "the Web Site"), as well as the contracting of services through the same. The simple access to the Web Site attributes to the user the condition of user of the same (hereinafter, "the User") and implies the acceptance of all the terms included in these General Conditions. In case of not agreeing with these General Conditions, the User must immediately leave the Website without using it.
By accepting these General Conditions the User declares:
a) That he/she has read, understands and accepts what is set forth herein.
b) That, in case he/she intends to contract any service, he/she has sufficient capacity to do so.
c) That, in case of acting on behalf of a legal entity, he/she has sufficient power of representation in force to do so.
d) That, in case of entering data of third parties, he/she has the necessary authorizations for the processing of such data.
e) That he/she is of legal age.
1. General website information
- Owner: LODEMANAGE, S.L. (hereinafter referred to as "Lo de Manuela").
- Sede y establecimiento: Calle Córcega 286, 3o 1a - B, 08008 Barcelona.
- C.I.F.: B66853763
- E-mail: [email protected]
- Teléfono: (+34) 676 07 67 63
- Registration data: Registered in the Commercial Registry of Barcelona, volume 45576, folio 65, sheet 492381, entry on February 19, 2018.
2. Access to the website
Simple access to the Web Site is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
3. Rules for use of the website
For the use of the Website the User has a set of spaces where he/she can find general information in the Home tab, different types of products distributed by the tabs of the Website, as well as a specific space for Lookbook, Blog, Instagram Shop and Interior Designers, and even a space dedicated to the creation of a personal user account, legal information and contact points.
In the spaces destined to the promotion of products, the acquisition of products will be allowed through a set of simple steps.
The space for contacting incorporates a contact form so that the User can contact Lo de Manuela.
In any case, for the use of the Web Site, the User, in compliance with what is set forth in these General Conditions, is obliged to maintain a conduct in accordance with the law, good practices, lawful, adequate and correct. Any use made by the User that may entail legal consequences that affect the rights and freedoms of third parties, other than the User, shall be the User's own responsibility and shall exempt Lo de Manuela from any type of liability.
4. Content and services linked on the website
The Web Site may contain linking devices, directories that allow the User to access other Internet pages and portals (hereinafter, "linked sites"). Lo de Manuela will only be responsible for the contents and services provided in the linked sites to the extent that it has actual knowledge of their unlawfulness and has not deactivated the link to them with due diligence. In the event that the User considers that there is a linked site with illegal or inappropriate content, he/she may inform Lo de Manuela.
In no case shall the existence of linked sites presuppose the formalization of agreements between Lo de Manuela and those responsible or owners thereof. Unless otherwise expressly stated in the Web Site, Lo de Manuela is not aware of the contents and services of the linked sites and, therefore, is not responsible for the damages that these may cause to the User or any third party.
5. Intellectual and industrial property
All the contents of the Web Site, which are understood to include, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes, are the intellectual property of Lo de Manuela or of third party licensors, and none of the exploitation rights recognized by the current legislation on intellectual property on them may be understood as assigned to the User. The trademarks, commercial names and other distinctive signs published in the Web Site are owned by Lo de Manuela or by third party licensors and/or licensors, and no rights over them may be understood as assigned to the User.
6. Contracting of services
6.1. Main characteristics of the services
The main characteristics of the products offered through the Web Site can be consulted in the descriptive card in which they are presented.
6.2. Purchase procedure
- From the desired product file, the User will find all the information related to it.
- Once the information of the product has been consulted, the User, if he/she wishes, may begin the purchase process. To do so, he/she must select the characteristics of the product (if such option is enabled for such product), as well as the quantity he/she wishes to purchase. Then he/she will have to select "BUY".
- At this point you will see a summary of the products you have selected and you will be allowed to add a comment to the order, and move on to the next step by selecting "FINISH ORDER".
- The User will be able to access his/her shopping cart to see his/her order in case he/she decides to continue selecting more products. At that moment he/she will be able to update his/her cart, to introduce more products or to eliminate them; after that, the User will be able to return to the previous point and finalize the processing of the order.
- Clicking on "FINISH ORDER" will open a new window for the User to enter his personal billing information. You can also access your personal account (if you wish and have not done so in the current session). It will be able to accede by means of Gpay or Paypal to effect express Payment. In any case, you will be required to accept the present General Conditions, as well as the Privacy Policy by clicking on "Continue with shipments".
- At this moment the User will be transferred to an external payment gateway in which he/she will have to enter the data of the card that the User wants to use for the processing of the payment. In this sense, Lo de Manuela does not keep any data related to the User's card number, being everything carried out in the same provider of the payment gateway.
- Finally, the User will be able to confirm the processing of the purchase. An email of justification and processing of the purchase will be sent to the email address indicated, as well as all the necessary contractual information.
6.3. Password
The User is responsible at all times for the custody of your password, assuming any damages that may arise from its misuse, as well as the transfer, disclosure or loss of it. To these effects, the access to restricted areas and/or the use of the services and contents of the Web Site carried out under its password will be considered to be carried out by the User.
6.4. Correction and identification of errors in data entry
When the User forgets to correctly fill in any information indicated as obligatory in the corresponding form, he/she will not be able to advance in the contracting or validation process until he/she has completed it. A message on the screen will warn him/her of this circumstance.
You may modify and/or update the data provided during the purchase process at any time, prior to its completion.
By accessing his/her account, the User may modify and/or update at any time the data provided at the time of registration as a user of the Website.
6.5. Delivery of orders
Delivery time is 2 to 5 days for standard shipping. The cost of standard shipping is 5,90€. Shipping is free on purchases over 50€.
Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of each shipping confirmation, within the period indicated on the website according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the order confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not deliver to your home on Saturdays or Sundays.
For the purposes of these conditions, it shall be understood that "delivery" or that the order has been "delivered" at the moment in which you or a third party indicated by you, acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
In case of shipment to a destination outside the EU, customs charges are to be borne by the customer.
6.6. Price of products
The prices indicated for each product in its corresponding file include, unless expressly stated otherwise, the Value Added Tax (VAT) and, in any case, are expressed by default in Euro currency (€). These prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the product or service purchased.
7. Right of withdrawal
7.1. Exercise period
The User has the right to cancel the purchase made through the Website within a period of 14 calendar days without justification.
In the case of a contract of sale, the withdrawal period shall expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the goods.
In the case of a contract for the delivery of multiple goods ordered by the User in the same order and delivered separately, the withdrawal period shall expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the last of these goods.
In case of delivery of a good composed of multiple components or parts, the withdrawal period shall expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the last component or part.
To exercise the right of withdrawal, the User must notify Lo de Manuela of its decision to withdraw from the contract through an unequivocal statement to [email protected].
To meet the withdrawal deadline, it is sufficient that the User's communication concerning the exercise of this right is sent before the expiration of the corresponding deadline.
7.2. Consequences of withdrawal
In the event of withdrawal, Lo de Manuela will refund all payments it has received from the User, minus delivery costs without any undue delay and, in any event, no later than 14 calendar days from the date on which the User informs Lo de Manuela of its decision to withdraw from the contract. Lo de Manuela will proceed to make such reimbursement using the same means of payment used by the User for the initial transaction, unless it has expressly provided otherwise; in any case, the User will not incur any costs as a result of the reimbursement. Lo de Manuela may withhold the reimbursement until it has received the goods, or until the User has provided proof of the return of the goods, whichever condition is met first.
The User must return or deliver the goods directly to Lo de Manuela, without any undue delay and, in any case, no later than 14 calendar days from the date on which it communicates its decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before the end of this period.
The User shall bear the direct cost of returning the goods. The User shall only be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature and characteristics of the products.
7.3. Cases of non-application of the withdrawal right
In accordance with the provisions of Article 103 of Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the User is informed that he/she may not withdraw from the following contracts:
a) The supply of goods made to the User's specifications or clearly personalized.
b) The supply of goods that may deteriorate or expire rapidly.
c) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
8. Complaints, claims and requests for information
b) Enviando un correo electrónico a la dirección [email protected]
c) Llamando al teléfono (+34) 676 07 67 63 en horario de 09:00 a 18:00, de lunes a viernes excepto festivos.
9. Legal guarantee of conformity for products
The User is reminded that, in accordance with the provisions of articles 114 and following of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, all products delivered by Lo de Manuela must be in accordance with the contract concluded, responding Lo de Manuela against the User for the lack of conformity that are manifested within two years from the delivery of the product.
The scope and form of execution of the rights conferred to the User by said legal guarantee can be consulted in articles 114 and following of the aforementioned regulation.
10. Nulidad e ineficacia de las cláusulas
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall subsist in all other respects and such provision shall be considered totally or partially as not included.
11. Legislación aplicable y jurisdicción
These General Conditions shall be governed by and construed in accordance with Spanish law.
If you are a natural person, in case of dispute, as a User and Consumer you may choose to bring your claim before the Courts or Tribunals corresponding to your domicile.
If you are a legal entity, you agree to submit any dispute arising from the use of the Website, or the contracting of products through it, to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction that may correspond to you.
12. Resolución alternativa de litigios en materia de consumo
The User is informed of the existence of the European Union's online dispute resolution platform, which can be accessed here.