Legal warning


GENERAL CONDITIONS 1. INTRODUCTION This document (together with the documents mentioned therein) establishes the conditions governing the use of this website and the purchase of products in it (hereinafter, the "Conditions"). Please read the Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website. These Conditions may be modified. It is your responsibility to read them periodically, as the conditions in force at the time of use of the website or the celebration of the Contract (as it is defined below) will be those that apply to you. 2. OUR DATA This website is operated under the name SAMTEX, an Andorran company domiciled in Avenida Doctor Mitjavila, 25, AD500 Andorra la Vella, registered in the Register of Commerce and Industry and with number F-182411-N. 3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE The information or personal data that you provide us about you will be treated in accordance with the provisions of the Privacy Policy. By making use of this web page you consent to the processing of said information and data and declare that all the information or data that you provide us are true and correspond to reality. 4. USE OF OUR WEB PAGE By using this website and / or placing orders through it, you agree to: 1. Make use of this website only for inquiries or legally valid orders.

2. Do not place any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.
3. Provide us your email address, postal address and / or other contact information in a truthful and accurate manner. Also, you agree that we may use such information to contact you if necessary (see our Privacy Statement).
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5. CELEBRATION OF THE CONTRACT
The information contained in these Conditions and the details contained on this website do not constitute an offer to sell, but rather an invitation to contract. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount will be refunded in full.
To place an order, you must follow the online purchase procedure and confirm the payment. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Keep in mind that this does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance, which will be informed through an email in which we confirm that the product is being sent (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will be formalized only when we send you the Shipping Confirmation.
Only those products related to the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any product that could have been the object of the order until we confirm the shipment of the same in a Shipping Confirmation.

6. AVAILABILITY OF THE PRODUCTS
All product orders are subject to their availability. In this sense, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide information about substitute products of equal or superior quality and value that you can order. If you do not wish to place an order for these substitute products, we will reimburse you for any amount that you may have paid.

7. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content thereof. Although we will do everything possible to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after sending the Order Confirmation, so we reserve the right to do so at any time, to our sole discretion.
We will not be liable to you or to any third party for removing any product from this website, regardless of whether said product has been sold or not, removing or modifying any material or content on the website, or for denying us to process an order once we have sent the Order Confirmation.

8. DELIVERY
Notwithstanding the provisions of Clause 6 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the related products / s in each Delivery Confirmation within the delivery period specified in the mail of Order Confirmation or, if no date of delivery was specified, within 15 working days from the date of the Confirmation of Shipment.
However, delays may occur for any of the following reasons:
• personalization of the products;
• Exhausted items;
• unforeseen circumstances; or
• delivery area;
If for some reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with the purchase by establishing a new delivery date or canceling the order with the full refund of the price paid. Keep in mind in any case that we do not deliver on Saturdays or Sundays.

9. PRICE AND PAYMENT
The price of each product will be that stipulated in each moment on our website, except in case of manifest error. Although we try to make sure that all prices listed on the page are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we can not get in touch with you, the order will be considered canceled and you will be reimbursed in full for the amounts that have been paid.
We will not be obliged to supply you with any product at the wrong lower price (even if we have sent you the Shipping Confirmation) if the error in the price is obvious and unambiguous and could reasonably have been recognized by you as an incorrect price.
Prices may change at any time, but (except as stated above) the possible changes will not affect the orders with respect to which we have already sent a Confirmation of Shipment.
Once you have made your purchases, all the items you want to buy will have been added to your basket and the next step will be to process the order and make the payment.
You can make the payment with VISA, Mastercard and UnionPay cards.
By authorizing the payment you are confirming that the credit card is yours.
Credit cards will be subject to checks and authorizations by the issuer of the same, but if that entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we can not formalize any Contract with you.

10. CHANGE / RETURN POLICY

You will not have the right to withdraw from the Contract whose purpose is the supply of products that have been modified in their original form by custom arrangements or customized adjustments.
Your right to withdraw from the Contract will apply exclusively to those products that are returned under the same conditions in which you received them. Please return the item using or including its original packaging. It must also include all the instructions, documents and packaging of the products. No refund will be made if the product has been used beyond the mere opening of the product or if it has suffered any damage, so you should be careful with the products while they are in your possession.
Changes can be made for any item, in any size or color for an equal or higher amount as long as the difference is paid.
You can make the returns through a courier / courier or post office. You must notify us first in the following email: monicagarcia@monicci.com

SAMTEX will not be responsible for the shipping costs of changes or refunds. Any additional cost will be at your expense.
After examining the article we will inform you if you have the right to the refund of the amounts paid. The return will be made as soon as possible and, in any case, within 30 days from the date of receipt of the item / s in our warehouses. The refund will always be made in the same means of payment that you used to pay for the purchase.
If you have any questions, you can contact us through our contact form, by e-mail or by phone.

11. RETURNS IN THE CANARY ISLANDS, BALEARIC ISLANDS AND OTHER COUNTRIES
If you wish to change or return a product that has been delivered to the Canary Islands, the Balearic Islands and other countries, you must contact us: monicagarcia@monicci.com.

12. CHANGES TO DEFECTIVE PRODUCTS
In the cases in which you consider that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately by means of our Contact form or by e-mail, indicating the data of the product as well as the damage it suffers and attaching some image where the defect is seen. Next, we will indicate how to proceed.
We will carefully examine the returned product. The replacement of the article will be made as soon as possible and, in any case, within 30 days after the date on which we send an email confirming that we proceed to the replacement of the non-conforming article.
The rights recognized by current legislation are safe.

14. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, registered trademark, design of garment models and other intellectual property rights over the materials or content provided as part of the website correspond to us or to those who granted us a license for their use at any time. use. You may make use of such material only in the form in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy the information about the data of your order or Contact data.

15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. You will not try to have unauthorized access to this website, to the server in which said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could entail the commission of infractions typified by the applicable regulations. We will report any breach of this regulation to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically damaging or harmful to your computer, computer equipment, data or materials as a result of using this website or of the download of contents of the same or those that it redirects.

16. LINKS FROM OUR WEB PAGE
In the event that our website contains links to other web pages and third-party materials, these links are provided for informational purposes only, without our having any control over the content of such web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.

17. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send to you be in writing. By using this website, you agree that most of those communications with us are electronic. We will contact you by email or we will provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

18. VERBAL COMMUNICATIONS (TELEPHONE OR PRESENTIAL)
It may be the case that the information or communications that we provide are given verbally (via telephone or in person). As a general rule, these data will always be backed up and will be compatible with the information provided on this website and in these Conditions, and we will try to leave a written trail of verbal communications whenever possible.
Should the case arise in which a supposed exchange has not been retranscribed, it will be considered a human error without giving rise to future claims or indemnities to the extent legally permitted. This condition will not affect your rights recognized by law.

19. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract is binding for both you and us, as well as for our respective successors, assignees and successors.
You may not transmit, assign, encumber or otherwise transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent.
We may transfer, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations deriving from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you have as a consumer recognized by law or will annul, will reduce or limit in any other way the guarantees, both express and implied, that we could have granted.

20. EVENTS OUTSIDE OF OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, whose cause is due to events that are beyond our reasonable control ("Force Majeure").
Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:
1. Strikes, lockouts or other protest measures.
2. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or war preparations.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.
It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for the time that is necessary for it. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations under the Contract despite the Cause of Force Majeure.

21. WAIVER
The lack of requirement on our part of the strict compliance on your part of any of the obligations assumed by you under a Contract or of the present Conditions or the lack of exercise on our part of the rights or actions that could correspond to us under of said Contract or of the Conditions, shall not imply any waiver or limitation in relation to said rights or actions nor shall it exempt you from complying with such obligations.
No waiver on our part of a right or concrete action will imply a waiver of other rights or actions derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or rights or actions arising from the Contract shall take effect, unless it is expressly stated that it is a waiver and formalized and communicated to you in writing in accordance with the provisions of the Notification section above.

22. COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the object of the Contract and supersede any other agreement, agreement or previous promise agreed between you and us verbally or by written.
You and we acknowledge having consented to the execution of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two before said Contract, except that which is expressly mentioned in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, oral or written, prior to the date of the Contract (unless that fraudulently made uncertain statement was made) and the only action available to the another part will be for breach of contract in accordance with the provisions of these Conditions.

23. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you use this website or make each request, unless by law or decision of government agencies we should make changes retroactively in those policies, Conditions or Privacy Statement, in whose case, the possible changes will also affect the orders that you had previously made.

24. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and product purchase contracts through said website will be governed by Andorran legislation.
Any controversy that arises or relates to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Andorran courts.
If you are hiring as a consumer, nothing in this clause will affect the rights that are recognized by current legislation.

25. COMMENTS AND SUGGESTIONS
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our Contact form.

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