These General Conditions expressly regulate the relations that arise between XXXXXXXX (hereinafter known as, “XXXXXXXXX”) with CIF XXXXXX (Certificado of Identificacion Fiscal), registered in the XX of XXXX of XXXX of the Barcelona Commercial Register, Volume XXXXX, Folio XX, Page XX, inscription XX, whose company headquarters are located in XXXXXXXX, and third-parties (hereinafter known as, “Users”) who join or register as Users and/or acquire Products (hereinafter, the “Products) thorough an online Store of the official web-page of XXXXXXXXXX (hereinafter, the “Store”).
- General Conditions
1.1 This Legal Notice establishes the General Conditions of use (hereinafter, “General Conditions”) that regulate the use of services of the information company that My-Team makes available to the Users through the Store. Thus, to access and use the Store it is assumed that the User of the same accepts in total and agrees to at all times comply completely with the General Conditions in force. Thus in this way, the User is authorised to use the Store only in conformance with these General Conditions, as well as with the instructions, recommendations and special conditions to be specified in each case.
1.2 Access to the Store is free, except relative to the cost of the connection through the telecommunications network that provides the access that the User has contracted with.
1.3 All Users who access the Store must be at least 18-years old.
1.4 My-Team reserves the right to modify or change at any time and without prior notice the Store and its contents, including the General Conditions, thus we recommend that this document be read prior to every access and browsing of the Store.
1.5 The User agrees, as a general rule, to use the Store in order to acquire products and make use each of the services of the Store diligently, in accordance with the law, morality, public order and the provisions of these General Conditions, and shall also refrain from using it in such a manner that could damage the image, interests and rights of My-Team or third-parties, or that could harm or cause damage to the goods and rights of My-Team, its providers, other Users or in general whatever other third-party. Also, the User also agrees not to undertake actions with the object of impeding, damaging, disabling, overloading or deteriorating the normal operation and enjoyment of the Store, or to impede, in whatever form, the normal use on the part of other Users or the functioning of the same.
1.6 In the event that you do not adhere to these General Conditions or that My-Team has reasonable suspicion of this non-compliance, My-Team reserves the right to limit, suspend or terminate your access to the Store, by adopting whatever technical measures necessary to achieve this end. Thus, My-Team reserves the right to decide at any time, on the continuity of the services offered through the Store.
- Products and Prices
2.1 My-Team reserves the right to decide, at any time, the Products that are offered to Users through the Store. In particular, My-Team will be able to at any time add new products to those offered or included in the Store, with the understanding that unless otherwise noted, whatever new Products are offered they shall be governed by these General Conditions. Also, My-Team reserves the right to stop providing or facilitating access and use, at any time and without prior notice, to any of the various types of Products that are offered in the Store.
2.2 The Products as shown in the Store shall match as closely as possible, and as best permitted by website display technology, the Products as actually offered. However, the User must bear in mind that photographs, graphic or iconographic representations, and videos relative to the products, as well as commercial names, trademarks or distinctive signs of whatever kind contained in the Store are only for guidance and, in consequence, lack an exhaustive character. The characteristics of the Products and their prices appear in the Store. The prices indicated in the Store are in € (Euros) and include VAT, unless otherwise indicated.
- Method of Payment for the Products
3.1 No later than one (1) business day (twenty-four hours) after receiving the order, My-Team will send an E-mail message to the User, confirming the purchase. The said E-mail will assign a reference code for the purchase, and will detail the characteristics of the Product, its price, the shipping costs and the information regarding the various payment options for My-Team’s Products.
3.2 The User acquiring a Product through the Store will have to make the payment by one of the payment systems specifically detailed in the Store.
3.3 My-Team will file the electronic documents used to formalise the contract, sending a copy to the User once the purchase has been finalised.
3.4 The order confirmation sent by My-Team has no value as an invoice, and serves only as a proof of purchase. My-Team will send together with the Product the invoice corresponding to the same.
3.5 In the event that, for reasons of force majeure, a Product is not available after the Purchase has been made, My-Team will inform the User by E-mail of a total or, where appropriate, partial cancellation of the order. The partial cancellation of the order does not give the right of total cancellation, without prejudice to the right of withdrawal that corresponds to the User in accordance with those established in these General Conditions.
- Right of Withdrawal
4.1 The User as a right of withdrawal (unilateral cancellation of the contract) which can be effected by contacting My-Team by means of an E-mail message sent to My-Team and cancelling the purchase within a maximum of seven (7) business days from receiving the Product. The Product will have to be returned preferably in the same condition in which it was delivered and with the instructions, documentation, accessories, original packaging, and labelling. Otherwise, the Product may suffer devaluation. The said return will be in accordance with the instructions from My-Team to the User in answer to their notification of exercising their right of withdrawal. The User must return the Product within a maximum of seven (7) business days from when My-Team will have instructed them on the manner of return.
4.2 The withdrawal will entail the refunding of the amount paid. That refund will be made using the same debit or credit card used to make the payment, Paypal, or bank account, and within a maximum of fifteen (15) days from the receipt by My-Team of the communication of withdrawal.
4.3 The costs of returning the Product and subsequent shipment will be borne by the buyer, the User, except in the case of an error committed by My-Team.
4.4 The User will not be able to exercise their right of withdrawal if the Product is not returned in its original packaging and if the Product is not in perfect condition.
- Return of defective Products
5.1 Without prejudicing any other rights that they may have, the User will have the right to be reimbursed for the price of defective Products or those Products that do not correspond to the order as placed by the User. Alternatively to the above, the User will have the right to claim, and have delivered to them, an equal Product in perfect condition.
5.2 In the cases of the return to My-Team of defective Products or Products that do not correspond to the User’s order, the return by the User shall be in accordance with the procedures established in section 4 above, indicating the reason for the return and, where appropriate, the defect that the Product may have.
5.3 My-Team will refund the corresponding amount of the returned Products that are defective or that do not correspond with the order of Products placed by the User, in accordance to the procedures established in paragraph 4.2 above.
6.1 The Products offered by My-Team (My-Team.) are guaranteed in terms of their quality.
6.2 My-Team will be liable for nonconformities (Guarantee) that are apparent within two (2) years from the date of delivery of the Products.
6.3 The User shall have to inform My-Team of the nonconformities within two (2) months of becoming aware of them.
- Customer Service
7.1 For whatever incident of complaint, the User will be able to send an E-mail message to My-Team.
- Home Delivery Service
8.1 The geographical area of sales through the Store is exclusively for the national territory of Spain, therefore delivery service is only available for the said territory. The Products purchased through the Store will be sent to the delivery address that the User indicates once the payment has been confirmed, the estimated delivery time being three to four (3 to 4) days.
8.2 My-Team’s delivery service will be in collaboration with various logistics companies and operations of recognised prestige. No deliveries will be made to Post Office boxes or to non-permanent addresses.
8.3 My-Team will charge the delivery costs that correspond to each order, depending on the package weight and place of delivery, and based on the rates shown on its web-page.
- Intellectual and Industrial Property
9.1 The User shall recognise that all of the elements of the Store and each one of its Products, the information and materials contained therein, the arrangement of material contained in the Store (the right of sui generis on the data base), its graphic design (look and feel), underlying computer programs (including source code), as well as the various elements that are part of the Store (text, graphics, photographs, videos, sound recordings, etc.,) are protected by intellectual and industrial property rights belonging to My-Team or its licensees. With respect to the various signs, included in the Store (trademarks and commercial names), they are also the property of My-Team.
9.2 By no means do the General Conditions confer on the User with respect to the said intellectual and industrial property rights any other distinct right other than those specifically covered thereof.
9.3 With this end in mind, through the terms and conditions noted in these General Conditions, and except in those cases where it is legally permitted, it is expressly forbidden for the User to reproduce, process, modify, disassemble, reverse engineer, distribute, rent, publicly communicate, make available, extract and/or reuse the Store, its contents and/or the distinctive signs of My-Team. The User must use the materials, elements and information that they access by using the Store only for their own needs, agreeing not to directly or indirectly make any commercial exploitation of the materials, elements and information obtained through the use of the same.
9.4 The User shall abstain from circumventing or manipulating any technical mechanisms established by My-Team or by third-parties in the Store.
10 Limitation of Liability
10.1 The User recognises and accepts that at all times use of the Store is at the User’s own risk and responsibility, and therefore My-Team is not responsible for the misuse or improper use of the Store. To that end, My-team will only be responsible for damages that the User may suffer by using the Store, where such damage is caused by the wilful misconduct of My-Team.
11.2 My-Team shall not be responsible for damages and harm suffered by the User’s computer equipment that may be caused by whatever kind of virus, worm, Trojan horse or other harmful components. The User recognises that use of the Internet network involves a risk that computers may be affected by the aforementioned elements. To this end, it is incumbent on the User, in each case, to have available the tools and means for detecting and eliminating harmful electronic programs.
11.3 Neither will My-Team be responsible for damages and harm of whatever kind caused to the User resulting from failures of, or disconnections from, telecommunications networks that result in the suspension, cancelling or interruption of the Store’s service during the provision of the same or of a similar character. In this respect, the User recognises that access to the Store requires the use of services provided by third-parties outside of the control of My-Team (as an example: telecommunication networks operators, service providers, etc.,) for which the reliability, quality, continuity and operation are not under the control of My-Team.
- Protection of Personal Information
12.1 In compliance with the provisions of Organic Law 15/1999, of December 13th, regarding the Protection of Personal Information and the implementation of its regulations, My-Team informs that the information that is submitted through its registration form, as well as from subsequent transactions and/or inquiries, will be incorporated into a file owned by My-Team for the use of this company with the sole purpose of developing and executing the sale, personalizing the products and services acquired by the User, as well as whatever other necessary service or connected service for the purchase through the Store.
12.2 All of the data requested is obligatory, in such a way that the omission of any part could make it impossible for us to handle your purchase or provide the requested services. Please notify us immediately of whatever modifications or changes to your information so that our files can at all times be up-to-date and do not contain errors. In this regard, the User acknowledges that the information given to us is accurate, up to date and truthful.
12.3 Unless the User tells us otherwise during the registration process, the User expressly consents that their information could be used by My-Team in order to pass on commercial information regarding the company’s products and services, as well as from third-party companies linked to My-Team by regular postal services, E-mail, SMS, or whatever other similar electronic communications medium, as well as handling the information in order to filter and/or create profiles with the same purpose.
12.4 The User shall be able to exercise at any time their rights of access, rectification, opposition or cancellation by contacting My-Team at the address noted above, or via an E-Mail directed at My-Team, accompanied in all such cases by a copy of their ID or official documentation confirming their identity.