GENERAL TERMS AND CONDITIONS OF LIP LABEL FOR ONLINE ACQUISITION AT WWW.LIPLABEL.COM
Name of the company: TEXTILIP FASHION SL
Registered office: TEXTILIP FASHION SL, Calle Arquimedes, Number 4, Oficina 19, 28914 Leganes - Madrid, Spain
Email address: email@example.com
VAT identification number: B88111380
For the purposes of these General Terms and Conditions, the following terms shall have the following meanings:
"Business Day" means a calendar day, other than a Saturday, a Sunday or a holiday, in which banks in Spain are open for normal business;
"Consumer" means any natural person who does not act in the course of a profession or business (consumption) that enters into an Agreement with LIP LABEL through the LIP LABEL website;
"Agreement" means any agreement with respect to orders placed for Products available in the LIP LABEL web store held between LIP LABEL and the Consumer through the LIP LABEL website (Remote contract);
"CCE" means Código Civil Español (Spanish Civil Code)
"Medium durability" means any instrument, including electronic mail, that allows the Consumer to store information addressed to him in an accessible manner for future reference for a period of time suitable for the purposes of the information, and which allows the unaltered reproduction of the information. information of that stored form;
"LIP LABEL": TEXTILIP FASHION SL, a subsidiary incorporated under the laws of Spain and the European Union
"LIP LABEL Website" is the online store of LIP LABEL on the LIP LABEL website;
"LIP LABEL website" refers to the LIP LABEL website at www.liplabel.com;
"General terms and conditions" means these General Terms and Conditions of LIP LABEL;
"Intellectual property rights" means all existing and future intellectual property rights, subsisting anywhere in the world, whether registered or not (including, among others, all trademark rights, trade name rights, patent rights, copyrights, database rights, design rights and all trademarks, trade names, domain names, software, patents, works, databases, designs, models, know-how and all rights with respect to any of the above) related to the Products and the LIP LABEL website;
"Parties" means LIP LABEL and the Consumer collectively;
"Product" refers to all products that LIP LABEL produces and / or sells under, among others, the name (commercial) "LIP LABEL" and / or "LIP LABEL SHOP".
- These General Terms and Conditions apply to any Agreement (and / or changes or additions to it) for the sale and delivery of Products contracted through the web store LIPLABEL in which LIP LABEL is a party and applies to the entire legal relationship Between the parts. These general terms and conditions also apply and are an integral part of all offers made by LIP LABEL and all acceptances, after-sales acknowledgments, and confirmations by LIP LABEL of any order placed by the consumer.
- When placing an order, the Consumer agrees to be bound by these General Terms and Conditions.
- If specific terms and conditions related to the Product are applied in addition to these General Terms and Conditions, said terms will be explicitly specified in the offer of the specific Product and, if contradictory, the Customer may invoke the most favorable applicable condition for the consumer.
- These General Terms and Conditions replace the previous general terms and conditions for the sale and delivery of the Products concluded through the web store liplabel.com
Offers and orders
- The material on the LIP LABEL website is provided for general information only. Obvious errors or errors in the offer do not link LIP LABEL.
- LIP LABEL will indicate on the LIP LABEL website if an offer is of limited duration.
- An offer is subject to availability. If a product is not in stock, despite appearing in the webshop, LIP LABEL can cancel a confirmed order. In this case, the consumer will be informed by email and any payment related to the order will be refunded.
- Subject to the provisions of these General Terms and Conditions, the Agreement becomes effective upon acceptance of an offer and compliance with the applicable terms by the consumer. The consumer accepts the offer by placing an order through the web store liplabel.com. Immediately after receiving an order, LIP LABEL will send an automatic email confirming receipt of the order.
- LIP LABEL can obtain information, within legal frameworks, about the consumer's ability to meet their payment obligations, as well as the facts and factors that are important for the responsible conclusion of the agreement.
- LIP LABEL reserves the right to refuse or cancel an order, without being responsible for any damage or cost in (among others) the following situations:
- The product is not available, or the product is sold out;
- The order is marked by the LIP LABEL security systems as an unusual order or an order susceptible to fraud;
- The consumer's billing information is not correct or is not verifiable;
- LIP LABEL has reason to believe that the Consumer is a reseller;
- There was an error in the price shown on the LIP LABEL website;
- LIP LABEL cannot deliver to the shipping address provided by the Consumer. and in this case, the consumer will be informed by email and any payment related to the order will be refunded.
- All prices quoted on the LIP LABEL website are in euros.
- LIP LABEL reserves the right to change the prices indicated on the LIP LABEL website without prior notice. LIP LABEL will not be liable to the Client or to any third party for the price changes.
- Shipping and delivery rates are applied per order. All costs related to the import and export duties of the shipment and excise duties, as well as all other charges or taxes levied or collected with respect to the Product, shipping, and customs clearance shall be borne by the Consumer. Such costs or expenses that have been paid by LIP LABEL, will be charged to the Consumer.
Right of withdrawal
- The consumer has the right to withdraw from the agreement within 14 calendar days without giving any reason. The waiting period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires the physical possession of the requested Product. In the event that several Products of the same order are delivered separately, the withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the latest products ordered.
- In order to exercise the right of withdrawal, the Consumer must inform LIP LABEL of its decision to withdraw from the Agreement by requesting a Return Merchandise Authorization on the LIP LABEL website or by sending an email with an unequivocal written declaration to the service to firstname.lastname@example.org within the withdrawal period. In order to meet the withdrawal period, it is sufficient for the Consumer to request a Return Merchandise Authorization or to send the unequivocal statement to LIP LABEL before the withdrawal period expires.
- During the withdrawal period, the Consumer will handle and inspect the Product and the packaging with care, in the same way that the Consumer could do it in a retail store. The Consumer will only unpack or use the Product to the extent necessary to establish the nature, characteristics, and operation of the Product. The Consumer shall be responsible for any diminished value of the Product resulting from the handling that is not necessary to establish the nature, characteristics, and operation of the Product.
- If the consumer exercises his right of withdrawal, the consumer will return the product to LAB LABEL at his own risk and expense, without undue delay and, in any case, no later than 14 calendar days from the day on which the consumer communicated his decision of retire to LIP LABEL. This term is met if the consumer returns the product before the withdrawal period of 14 calendar days expires. If the consumer is outside the European Union, the consumer must declare the returned product as "Returns and repairs of Spanish goods" in the customs declaration.
- The Consumer will return the Product with all the accessories delivered and in the original full condition and, as far as possible, in its original packaging. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- If the consumer exercises his right of withdrawal in a timely manner, LIP LABEL will reimburse the relevant payments received from the consumer, including the costs of delivery, without undue delay and, in any case, no later than 14 calendar days from the day of the report. to LIP LABEL of the consumer's decision to withdraw from the Agreement. LIP LABEL may withhold reimbursement until LIP LABEL has received the Product, or until the Consumer has provided adequate evidence of having shipped the Product in a timely manner, whichever occurs first. LIP LABEL will carry out said reimbursement using the same means of payment that the Consumer used for the initial transaction unless the Consumer has expressly agreed otherwise.
- Notwithstanding the provisions of paragraph 7.6 above, LIP LABEL will not reimburse the shipping costs if the Consumer opted for a delivery type that is not the least expensive standard delivery type.
- LIP LABEL has the right to refuse to accept a returned Product and to refund the payments if the Consumer does not comply with the instructions of this clause. In addition, LIP Label will be happy to resend the product to the consumer at its cost.
Payment by the consumer
- LIP LABEL does not accept any other method of payment than the payment methods indicated on the LIP LABEL website. LIP LABEL can change these payment methods at any time. All actual costs of payment will be transferred to the consumer.
- The Consumer has the obligation to inform LIP LABEL of any error in the payment data provided or established.
Shipping and delivery
- The ordered product will be sent to the consumer within 1-3 business days after the order is confirmed. If the consumer orders multiple orders with the same shipping address, these orders can be combined, unless the consumer requests otherwise. In such case, the Products will be sent to the Consumer within 1-3 business days after the last order.
- The shipping and delivery terms indicated in these General Terms and Conditions, on the LIP LABEL website or communicated by LIP LABEL are indicative and not guaranteed. If LIP LABEL cannot comply with the delivery date (estimated), LIP LABEL will notify the Consumer accordingly. LIP LABEL will not be responsible for the damages and costs that arise or in relation to the delayed delivery.
- LIP LABEL sends to the shipping addresses in the countries indicated on the LIP LABEL website. LIP LABEL will deliver the Product to the shipping address specified in the order of the Consumer.
- If the shipping address is outside the European Union, the consumer will be responsible for ensuring that the requested product can be imported legally.
- LIP LABEL is authorized to contract third parties in compliance with its shipping and delivery obligations under the Agreement. All shipping services used by LIP LABEL provide a tracking number.
- All risks related to the Product will pass to the Consumer when the Product is delivered to the shipping address specified in the Consumer's order. If the consumer refuses or does not accept and/or accept the delivery of the requested product, the consumer will be charged the actual shipping costs of the product to LIP LABEL.
- The Consumer must inform LIP LABEL about any claim about defects and/or non-compliance with the specifications of the Product delivered, including, among others, complaints about visible defects and/or damage to the Product and/or the color of the product. Any complaint will be sent in writing to the following email address: email@example.com. The email must contain a clear description of the complaint, the name of the consumer, the order number included in the order confirmation and the article number of the product and it will be sent within a reasonable time after the discovery of the defects, but in any case not more than two (2) weeks after the discovery of the defects.
- Complaints submitted to LIP LABEL will be answered within a period of three (3) Business Days, from the date of receipt of the complaint. The Consumer shall provide LIP LABEL with all the assistance that LIP LABEL may require for the purpose of examining the complaint. LIP LABEL is only required to take the complaints into account if LIP LABEL has the opportunity to verify the complaint.
- In the case of a timely, correct and justified complaint in accordance with this clause 10, the consumer shall have the right to the replacement or repair of the defective or non-conforming product, or an appropriate credit for the purchase price of the product.
- The consumer will return the defective product or not in full to LIP LABEL. The return costs are for the consumer's account. Defective or non-conforming Product will become the property of LIP LABEL as soon as it has been replaced or accredited.
- A claim that does not comply with the requirements established in this clause 10, will not be taken into consideration by LIP LABEL, it will be considered that the Product does not present defects and complies with the specifications and does not release the Consumer of any of its obligations under the agreement.
- LIP LABEL shall in no case be liable to the consumer for any loss or indirect damage arising from or in connection with the agreement, the sale of any product by LIP LABEL or the consumer's use thereof, regardless of whether said damage is or not in non-contractual civil liability, product liability, guarantee, legal obligation or otherwise, unless the damage is caused by the intention or deliberate negligence of LIP LABEL.
- Notwithstanding any provision to the contrary in the Agreement or these General Terms and Conditions, any aggregate liability of LIP LABEL for the Consumer that arises in connection with the Agreement or these General Terms and Conditions, under any theory or foundation either in contract, tort, product liability, warranty, legal duty, or otherwise, will in no case exceed the invoice value of the Product in question (unless the damages are caused by intent or intentional negligence on the part of LIP LABEL or your managerial staff).
- LIP LABEL will not be responsible for any failure or delay in performance if such failure or delay results from interruptions in the manufacturing process of the Product or if such failure or delay is caused by force majeure as mentioned in the CCE, regardless of whether said Force majeure was foreseeable at the time of the Agreement. As a result of such force majeure and/or breach by one of the LIP LABEL providers, LIP LABEL cannot reasonably be required to perform its obligations
- In the event that, as a result of a situation of force majeure and/or breach by one of the providers of LIP LABEL, LIP LABEL is prevented from fulfilling its obligations to the Consumer, this obligation will be suspended for the duration of the event of force majeure and/or breach by one of the providers of LIP LABEL, the consumer will not be entitled to any compensation.
- In the event that force majeure and/or non-compliance by one of the LIP LABEL providers is extended or reasonably expected by LIP LABEL to be extended for a period of three (3) consecutive months, LIP LABEL shall have the right to cancel the Agreement affected without any responsibility towards the consumer.
Intellectual property rights
- All intellectual property rights will remain the exclusive property of LIP LABEL or its licensors. The Consumer acknowledges that he has no right, title or interest in, nor will he acquire or attempt to acquire any Intellectual Property Right in his own name or that of third parties, or for his own name or that of third parties, or he will act in such a way that he can give the printing to third parties that the consumer owns any of these intellectual property rights.
- The Consumer shall not copy any Product or (part of) the LIP LABEL website, nor (otherwise) use any Intellectual Property Right, without the prior written approval of LIP LABEL. The Consumer shall not cause or allow anything to be done that could damage or impair the Intellectual Property Rights, including, among others, its validity, distinctive character and/or reputation.
- Nothing in any Agreement and/or these General Terms and Conditions shall be construed as conferring any license or granting any right to the Consumer with respect to Intellectual Property Rights.
LIP LABEL will process the personal data of the Consumer in accordance with the privacy statement published on the LIP LABEL website.
Availability of the LIP LABEL Online Shop
LIP LABEL does not guarantee that the LIP LABEL website, or any content on it, will always be available or that access will always be uninterrupted. Access to the LIP LABEL website is allowed on a temporary basis. LIP LABEL reserves the right to suspend, withdraw, discontinue or modify all or part of the LIP LABEL website at any time as it deems appropriate without prior notice. LIP LABEL will not be liable for any reason due to which the LIP LABEL website will not be available at any time or period.
- The invalidity or inapplicability of any provision of these General Terms and Conditions will not affect the validity or enforceability of any other provision of these General Terms and Conditions. Any invalid or unenforceable provision will be replaced or replaced by a provision that is considered valid and enforceable. The interpretation of the replacement provisions should be as close as possible to the intent of the invalid or unenforceable provision.
- LIP LABEL reserves the right to unilaterally amend these General Terms and Conditions at any time. In the event that the General Terms and Conditions have been modified, LIP LABEL will give notice thereof indicating on the LIP LABEL website that the General Terms and Conditions have been modified, indicating the date of such modifications.
- LIP LABEL may transfer, assign, and/or pledge its rights and obligations under the Agreement to a third party. This will not affect the rights and obligations of the consumer.
- The Consumer can only transfer, assign and/or pledge their rights or obligations under the Agreement to a third party with the written approval of LIP LABEL.
Applicable law and jurisdiction
- These General Terms and Conditions and any Agreement shall be governed by and construed in accordance with the laws of Spain, excluding (I) any conflict of laws under Dutch private international law and (II) the applicability of the United Nations Convention on Contracts for the international sale of goods (Vienna Convention of 1980).
- The competent court in Spain will have exclusive jurisdiction to resolve any dispute that arises from or in relation to these General Terms and Conditions and/or any Agreement without prejudice to the right of appeal (Greater Appeal) and the right to appeal to the Supreme Court (cassation).