GENERAL CONTRACT CONDITIONS
GENERAL INFORMATION
The ownership of this website,https://singularmom.com/, (hereinafter, the “Website”) is held by:Tomás Heredia Pérez-Lanzac(hereinafter, the “Owner”), provided with NIF 44588682P and with address for communications and notifications at: Calle Piedras Vivas, 248, 28692 Villafranca del Castillo (Madrid), Spain. Contact email:[email protected].
This document (as well as any other document mentioned here) regulates the conditions that govern the use of this Website and the purchase or acquisition of products and/or services on it (hereinafter, the “Conditions”).
For the purposes of these Conditions, it is understood that the activity that the Owner carries out through the Website includes the offer, sale and provision of information and exercise services relevant to pregnancy and childbirth, as well as other related products or services.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy and data protection policy of the Website.
By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above, so if you do not agree with all of this, you should not use this Website.
Likewise, you are informed that these Conditions could be modified. The User is responsible for consulting them every time they access, browse and/or use the Website since those that are in force at the time the purchase of products and/or services are requested will be applicable.
For all questions that the User may have in relation to the Conditions, they can contact the Owner using the contact details provided above.
THE USER
Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), therefore, from the moment navigation through the Website begins, all the Conditions established herein, as well as their subsequent modifications, are accepted, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for correct use of the Website. This responsibility will extend to:
- Use this Website only to make inquiries and legally valid purchases or acquisitions.
- Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be canceled and the relevant authorities reported.
- Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The Website is aimed mainly at Users residing in Spain. The Owner does not ensure that the Website complies with the laws of other countries, either totally or partially. The Owner declines all responsibility that may arise from said access, nor does it ensure shipments or provision of services outside the territory indicated in the purchase process.
The User may formalize, at their choice, with the Owner the purchase and sale contract of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
PURCHASE OR ACQUISITION PROCESS
Users can purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure, during which several products and/or services can be selected and added to the cart or final purchase space and, finally, click on the corresponding purchase confirmation button.
Likewise, the User must fill out and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that the Owner has received their order or purchase request and/or provision of the service. And, where appropriate, you will also be informed by email when your purchase is being managed or shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User can, if they wish, obtain a copy of their paper invoice, requesting it from the Owner through the contact information provided.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with its presentation on the Website, indicating, by way of example but not exhaustive: name, price, components, quantity, details or characteristics and how they will be carried out; and acknowledges that placing the order materializes full and complete acceptance of the particular conditions applicable to each case.
Unless expressly stated otherwise, the Owner is not the physical manufacturer of the products that may be marketed on the Website. While great efforts are made to ensure that the information displayed is correct, occasionally packaging or materials may contain additional or different information. Therefore, the User must also consider the information available on the labeling, warnings and instructions that accompany the physical product.
The communications, purchase orders and payments involved during the transactions carried out on the Website could be archived and preserved in the Owner’s records in order to constitute a means of proof of the transactions, respecting the security conditions and current data protection regulations (RGPD and LOPDGDD).
AVAILABILITY
All purchase orders received through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure affects the supply of the same or the provision of the services. If difficulties arise regarding supply or there are no products left in stock, the Owner undertakes to contact the User and refund any amount that may have been paid. This will also be applicable in cases in which the provision of a service becomes unfeasible.
PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include applicable taxes, unless due to legal requirements a different matter is indicated and applied.
Shipping costs will be indicated itemized or shown included in the final price depending on the case before confirming the purchase. The Owner will manage shipments through available courier providers (such as Correos or other logistics operators).
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has freely selected.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The generally accepted means of payment will be those indicated in the payment gateway of the Website (such as credit or debit card, or bank transfer where available).
Payment cards will be subject to verification and authorization by the issuing entity; If said entity does not authorize payment, the Owner will not be responsible for any delay or lack of delivery and will not be able to formalize the contract with the User.
In any case, when confirming the purchase, the User declares that the payment method used is their property or that they have legitimate authorization to use it.
For orders by bank transfer, the order will be reserved during the period indicated in the purchase process (generally 5 calendar days) pending receipt of full payment. If after the deadline there is no exact payment with the indicated data, the order may be canceled automatically.
DELIVERY
In cases where it is necessary to physically deliver goods, deliveries will be made within the territory enabled on the Website (generally Spain Peninsula and the Balearic Islands, unless expressly excluded).
Except for those cases in which there are extraordinary circumstances or circumstances derived from the personalization of the products, the order will be delivered within the period indicated on the Website and, in any case, within the maximum legal period of 30 calendar days from the date of confirmation of the order.
If for any reason attributable to the Owner the delivery date cannot be met, the User will be contacted to inform them of this circumstance and they may choose to continue with the purchase by setting a new date or cancel the order with a full refund of the amount paid.
In the event of impossibility of delivery due to the absence of the User at the address provided, the carrier will leave a notice indicating how to proceed to organize a new delivery or collection. If the deposit periods pass without the goods being collected for reasons not attributable to the Owner, the contract will be considered resolved and the corresponding amounts will be refunded, deducting, where appropriate, the processing and transportation costs that may have arisen.
For the purposes of these Conditions, it will be understood that delivery has occurred at the moment in which the User or a third party indicated by the User acquires material possession of the products, accredited by signing the receipt.
The risks of the products will be borne by the User from the moment of delivery. The property is acquired when the Owner receives full payment of all amounts due in relation to the purchase made.
TECHNICAL MEANS TO CORRECT ERRORS
In the event that the User detects an error when entering the data for their purchase request, they may modify them by contacting the Owner through the contact spaces enabled or by writing to[email protected]. In any case, before confirming the payment, the User has access to the cart where they can review and modify all their data.
RETURNS AND GUARANTEES
Right of Withdrawal
The User, as a consumer, has the right to withdraw from the purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods or of the last of the goods if the order was delivered in separate deliveries.
To exercise this right, the User must notify their unequivocal decision to the Owner by writing to the email[email protected]. You may use the model legal withdrawal form, although its use is not mandatory.
In case of withdrawal, the Owner will reimburse the User for all payments received, including ordinary shipping costs, no later than 14 calendar days from the date on which he is informed of the decision. The refund will be made using the same payment method used in the initial transaction. The Owner may withhold the refund until having received the products or proof of their return.
The User must return or send the products directly to the Owner’s postal address indicated in the header, without delay and no later than 14 days from the communication of the withdrawal, with the User assuming the direct cost of said return.
Exceptions to Withdrawal:In accordance with article 103 of Royal Legislative Decree 1/2007, there are exceptions such as personalized products, products that expire quickly, unsealed sound or video recordings or unsealed goods that are not suitable to be returned for health or hygiene reasons. Likewise, in the case of provision of digital services or online courses, the right of withdrawal will not be applicable once the service has begun or has been fully executed with the express prior consent of the User and their recognition that they lose said right.
Return of defective products or shipping error
If at the time of delivery the User considers that the product does not conform to what was stipulated, they must immediately contact the Owner through[email protected]detailing the disagreement. You will be informed how to proceed with the return. Once the product has been examined, you will be notified within a reasonable period of time whether a refund or replacement of the item is appropriate, which will be carried out within a maximum period of 14 days.
Guarantees
The User enjoys the legal guarantees on the consumer products purchased on this Website in the terms established by the applicable regulations (Royal Legislative Decree 1/2007), the Owner being responsible for any lack of conformity that manifests within the legally valid deadlines from the delivery of the product.
DISCLAIMER
Unless mandatory legal provision to the contrary, the Owner will not accept any responsibility for business or commercial losses, loss of profits, loss of data or any indirect losses that were not reasonably foreseeable by both parties when formalizing the contract.
Likewise, the Owner is not responsible for small variations in the display of the products derived from screen resolutions, accidental technical failures on the Internet network or delays caused by transport companies due to strikes, detentions or causes of force majeure beyond their reasonable control.
WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with the Owner be electronic (email or web notices), recognizing that all contracts or notifications sent by this means comply with the legal requirements of being in writing.
NULLITY AND COMPLETE AGREEMENT
If any of these Conditions are declared void by a final resolution of a competent authority, the rest of the clauses will remain in force. These Conditions constitute the entire agreement between the User and the Owner in relation to the object of sale.
DATA PROTECTION
The information or personal data that the User provides in the course of a transaction will be treated in accordance with the provisions of Regulation (EU) 2016/679 (RGPD) and Organic Law 3/2018 (LOPDGDD), as detailed in the Website Privacy Policy.
APPLICABLE LAW AND JURISDICTION
Contracts for the purchase of products through this Website will be governed by Spanish legislation. Any controversy arising from the interpretation or execution of these Conditions will be submitted to the competent courts and tribunals in accordance with the applicable consumer and user regulations or, failing that, to the courts and tribunals of Madrid (Spain).
COMPLAINTS AND CLAIMS
The User can send their complaints, claims or comments via email.[email protected]. The Owner has official complaint forms available to consumers, which can be requested through the indicated contact means.