Terms of service
General Conditions of Purchase
1. Parties
On the one hand, Tamara María Mahillo Sánchez (hereinafter Sr. Marqués), with NIF 02663812K and registered office at Calle Doctor Gómez Ulla 24 5A, Madrid (28028), owner of the platform https://srmarques.com (hereinafter the Website), and on the other hand, the Buyer, understood as any User, of legal age and with the necessary legal capacity to act, who completes the steps established therein aimed at the purchase of products offered by the Website.
2. Object
The purpose of these General Conditions of Purchase is to regulate the acquisition by you, as a User, of products through the Website, in exchange for an economic consideration that corresponds to the provisions herein.
3. Products
3.1. Offer of Products
The Web Site provides information about all products on sale, features and prices. However, it reserves the right to withdraw, replace or change the products offered to its customers through its website, by changing the content of the same. The products offered at any time by the Website, will be governed by the general conditions in force in each case, which is why the company will have the power to stop offering, without notice and at any time, access to the products mentioned.
3.2. Availability
All our products are manufactured on demand of the Buyers, so we do not have a stock storage.
4. Description of the purchase process
The purchase process can be carried out through the Website.
To purchase the products available in the catalog, it will be necessary that through the catalog, you click on those that are of your interest, selecting the option “Add to cart”. The selected products will automatically be available to you in the shopping cart.
Then you must:
1/Click on “Your cart” and check that the items in the cart are those you selected so that you can modify the order, adding or deleting products.
2/Once you have checked that the products in the cart correspond to the selection made, to proceed with the order, you must select “Checkout”.
3/After that, the purchase process will be shown on the screen, indicating the characteristics and products you have selected, and you will have to enter all the necessary data in case you proceed with the purchase. In all those cases, in which the access would have been carried out in such a way that the information related to your identification data, address or payment method would not have been obtained, it will be necessary that you consign such, with the possibility that you create an account on the Web Site, so that the processing of the order can be managed.
4/It will be necessary to select the shipping method.
5/In the event that the access has been made in such a way that the method of payment has not been indicated, it will be necessary that you select the chosen method of payment. Currently the available payment methods are:
1_Debit or credit card: In this case we will need you to provide us with your card information for the sole purpose of processing the payment.
2_Google Pay: for more information visit https://pay.google.com
3_Shop Pay: for more information visit https://shop.app/
4_Paypal: for more information visit https://paypal.com
5_Once you have provided this information, you must, after reviewing the order and depending on the payment method selected, proceed to payment, and thereby confirm your willingness to purchase and formalize the sale, after acceptance of these Terms and Conditions.
6/Sr. Marqués will confirm receipt of your purchase request and, if applicable, payment of the order. Likewise, it will send you the corresponding invoice by e-mail, when you have requested it. By accepting these Conditions you allow the electronic invoice to be sent. You may object to this at any time by sending an e-mail to the e-mail address you will find in the Legal Notice.
7/Once the order has been confirmed, you will receive it within the deadlines indicated in the Delivery and Returns Policy.
5. Pricing Policy
The prices displayed on the website are set by Sr. Marqués. Prices are shown in Euros. Before purchasing any of the selected products we will show you the prices broken down according to the taxable base and applicable taxes at all times.
Prices do not include certain applicable taxes to be paid by the Buyer for shipping purposes. Sr. Marqués cannot determine in advance the taxes that will be applicable, as this will depend on the place from which it contracts. Once the Buyer has entered this information in the appropriate form, the information regarding the taxes to be paid will be shown to the Buyer.
The transport and delivery costs of the products will be those indicated on the Website at all times, and in the Shipping and Returns Policy.
A manifest error in the price of a certain article cannot be considered binding, and therefore, Sr. Marqués is exonerated from selling said product at the wrong price.
6. Discount Policy
The Website may include promotions and/or discount codes for accumulation of points on the page. These circumstances will appear on the screen, as well as any applicable conditions. Any modification of these is subject to the will of Sr. Marqués.
7. Acceptance of the General Conditions of Purchase
When the purchase is made entirely through the Web, you must read these Conditions and accept them expressly, by clicking on the corresponding consent checkbox, which is unchecked by default, at the end of the purchase process.
In the event that there are special rules or restrictions that affect certain rates, discounts and/or products that you have selected, such special rules or restrictions will be made clear to you on the screen before proceeding with the purchase of the product.
8. Obligations of the parties
8.1. Obligations of the Holder
Sr. Marques undertakes to:
1.To carry out in an effective and efficient manner all the formalities for the execution of the reception by the Buyer of the products he has purchased.
2.To send to the Buyer all the information and documentation necessary for the reception of the order.
3.Not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank that may or has the potential to damage their goodwill or negatively influence them. Under the card brands' programmes, the following activities are prohibited: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, issuing bank, merchant, cardholder, or cards; as well as the sale of medicines.
4.Comply with these obligations, as well as any other obligations that may be applicable.
8.2. Buyer's obligations
By accepting these Conditions, you agree to:
1/To pay in due time and form the corresponding amounts specified in the purchase process. Failure to pay will exempt Sr. Marqués from the fulfilment of the obligations set out herein, and any others that may have been contracted in exchange for the receipt of the economic consideration for the products.
2/To be responsible for the veracity and authenticity of any data that have been provided in order to purchase the selected articles.
3/To assume the responsibilities derived from any of the requirements demanded by these Conditions to hold the condition of Buyer, as well as the lack of documentation necessary for the payment of the purchase.
4/Comply with any other obligations contained in these Conditions or in any other that may be applicable and assume any liability arising from its breach, leaving the Holder completely indemnified.
9. Exclusion of liability
The Holder is in no case responsible for the damages caused to the Buyer for causes attributable to the same. Sr. Marqués shall only and exclusively be liable for any damages caused as a result of purchases made on the Website, provided that they are the result of a fraudulent or negligent action on the part of the Purchaser.
By way of example, Mr. Marqués is not responsible for:
1_The usefulness for the Buyer of the products that he/she has purchased, as at no time is the Owner responsible for the selection made, even if he/she identifies articles in combination with the selected products, which, due to their characteristics, are recommended as accessories and/or complements.
2_Personal or material damage caused as a result of the use of the products, provided that the recommendations specified therein have not been followed.
3_The non-fulfilment of its obligations for reasons of force majeure such as, but not limited to, internal or external strikes, natural disasters, social upheavals, etc.
You thus acknowledge, as the Buyer, that you acquire the articles at your own risk and peril, with the activity of Sr. Marqués being limited to the execution of the material tasks necessary for delivery, processing and management.
In any case, the liability assumed by Sr. Marqués towards the Buyer shall in no case include loss of profit and shall be limited, as a maximum and for whatever reason, to the total amount received by Sr. Marqués from the Buyer in consideration for the purchase of the product in accordance with these Conditions.
10. Indemnification
Any type of damage, prejudice, loss or cost (including lawyers‘ and/or solicitors’ fees) derived from a breach by the Buyer of these Conditions or any other applicable ones, incurred by Sr. Marqués, will have to be compensated by the Buyer who caused it. This includes any third party claim arising from such breaches.
11. Modifications
These Conditions may be modified and/or updated at any time without prior notice. The modifications made shall come into force as soon as they are published on the Website, regardless of the means and form used for this purpose.
The modification shall only affect Buyers who have accepted it after such modification.
12. Other issues
12.1. Safeguarding and interpretation of these Conditions
If any provision of these Conditions is declared by the Competent Authority to be illegal, invalid or unenforceable, this shall mean that it shall be interpreted as closely as possible to the original intention of such provision. In any event, such a declaration in respect of any provision or provisions shall not prejudice the validity of the remaining provisions.
The non-requirement by Sr. Marqués of the strict fulfilment of any of the terms of these Conditions does not constitute nor can it be interpreted in any case as a renunciation on his part to demand it in the future.
12.2. Language
The language applicable to these Conditions is English. If versions in other languages are offered, it is only as a mere courtesy, for the convenience of the Buyer. Therefore, the Buyer expressly accepts that these Conditions shall be governed by the Spanish version. In the event of contradiction, the Spanish version shall prevail.
12.3. Legislation and jurisdiction
The relationship between the Holder and the Purchaser shall be governed by Spanish law and any discrepancies or disputes regarding these Conditions shall be submitted to the Courts and Tribunals of the Purchaser's domicile, provided that the Purchaser is a consumer and User in accordance with the applicable regulations. Otherwise, the parties submit to the Courts and Tribunals of Madrid.
If the Buyer has any problem arising from the purchase of the products available in the Website Catalogue, he/she may resort to the European Union's online dispute resolution system, accessible from the following link:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES.