D´ORIGINAL TERMS AND CONDITIONS
1. Identification of the owner and general information
D'Original is the trade name of the company Doriginal Trend S.L. These Terms and Conditions regulate the access and use of the Website www.220.127.116.11/doriginal (hereinafter the Website), owned by Doriginal Trend S.L. (hereinafter D'Original), whose CIF is B-90128281 and whose registered office is located in Parque Industrial Guadalquivir, calle Artesanía 8, 41120, Gelves (Sevilla), as well as the services and products offered by D'Original on its website.
D'Original offers this Website according to these Terms and Conditions. By visiting the Website or using the services or applications on the Website, you agree to these Terms and Conditions.
Access to the Website does not require User registration. However, User registration and acceptance of these conditions is required in order to contract any of the services offered by D'Original, before signing the payment.
These Terms and Conditions of D'Original described below define the rights and obligations of both D'Original and Users within the Website. These are the only terms and conditions applicable to the use of the Website (although there may be special conditions for certain services) and order procedures through the Website. Plus, they supersede any other conditions, unless prior written agreement between D'Original and the User.
2. User Data and conduct on the Website
Purchasing the products offered on the Website requires User registration through the form available on the Website.
Users will be responsible for maintaining the confidentiality of the data and information provided, as well as for restricting access to their computer and passwords to avoid unauthorized use.
If Users believe that their data has been obtained by a third party, or if their data has been used in an unauthorized manner or are likely to be, Users will have to communicate this situation to D'Original immediately.
Users must check that their data is correct and complete and inform D'Original when there is some variation and/or change in the information provided to the process.
D'Original reserves the right to refuse any attempt to access the Website, remove or edit content, or cancel orders at their discretion.
It is not allowed to use the Website for purposes that are fraudulent or related to criminal or illegal activities of any kind.
It is also forbidden to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening content of any kind, or that is in violation of copyright, trademark or confidentiality, privacy or other rights, or of otherwise offensive or objectionable to third parties, or whose content contains software viruses, political propaganda, advertising content, chain letters, mass mailings or any other form of "spam" and, in general, any discomfort or inconvenience unnecessary .
3. Orders & Payment Conditions
To request an order with D'Original, the User must be over 18 years old and have a credit or debit card issued by a bank that is accepted by D'Original.
From the Website www.doriginal.es or www.doriginaltrend.com, D'Original will only ship orders to EU residents with the conditions specified here.
To place orders through the Website, the User must provide certain information through the purchase form, which will be necessary to manage the order.
4. Price, payment and discount codes
After completing the form data, the User must do the order by using the payment methods specified on the Website.
Once the payment is made, the User will receive an order confirmation e-mail, in which a summary of the items purchased, the method of delivery requested and the destination address will be included.
If an incident that prevents making the payment were to occur at the time of placing the order, Users will receive an automatic payment error message and their order will not be processed until we the payment process is successfully completed.
The prices of services are in Euros (€), including taxes, shipping and handling expenses. The total amount will be shown at the time of the final confirmation of each order.
D'Original may periodically offer discount codes to their members. These discounts may only be applied in accordance with the instructions specified by D'Original for each code. Users can only use one code per order.
5. Information on D'Original products and services.
The Website data included in each description of products and services, photographs, graphics or iconographic representations or videos, as well as trade names, trademarks or logos of any kind, only has information purposes. Therefore, D'Original disclaims any responsibility for the occurrence of errors in such information, although it is committed to taking all measures within its power to solve the aforementioned errors or comissions as soon as possible after having been informed of them.
If an error occurs in the price of the products that Users request, they will be informed of it as soon as possible, giving them the option of reconfirming their order at the correct price or canceling it. If it is not possible to contact the User, the order will be canceled. If the cancellation or rejection of the order occurs and the User has already paid, he or she will receive a full refund.
6. Returns and right of withdrawal
6.1 Returns for manufacturing defects.
The user may return to D'Original, free of charge, any product with a manufacturing defect. To formalize the return, the user must contact D'Original through the email@example.com email address, indicating the product or products to be returned, attaching a photograph and a detailed account of the defects. D'Original will check the communication and indicate, if necessary, the collection or sending process of the defective product, at no cost to the User. Each product must be returned unused and with all labels, packaging and -if applicable-, documentation and original accessories items that come with it. If Users do not proceed this way, D'Original reserves the right to refuse the return. Once the product is received and the existence of defect or manufacturing defect in any of the products ordered is verified, D'Original will proceed to process the sending of another product with the same characteristics, also at no cost to the user.
If due to lack of stock it is not possible to send another product with identical characteristics, there will be a refund of the sums paid for the purchase of the product as soon as possible, within following fourteen (14) days in any case.
In the event that Users were not satisfied with the products received in their order, Users, according to the General Law for the Protection of Consumers and Users, have a period of fourteen (14) calendar days to return it without penalty and without giving reasons, although it should take over the direct cost of returning the order to D'Original. To formalize the return, they should contact D'Original through the firstname.lastname@example.org email address, sending the completed withdrawal form attached to these Terms and Conditions as ANNEX 1. Once the communication has been received, D'Original will tell them how shipping their order to their stores, which must be unused and with all labels, packaging and -if applicable-, documentation and original accessories items that come with it. If Users do not do so, D'Original reserves the right to refuse the return. The return of amounts paid will be done as soon as possible within fourteen (14) days following the date on which the User has been informed of his or her decision of contract discontinuance.
7. Use of the Website
It is not allowed to use the Website for purposes that are fraudulent or related to criminal or illegal activities of any kind.
It is also forbidden to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening content of any kind, or that is in violation of intellectual property rights, trademarks, confidentiality, privacy or other rights, or otherwise offensive or objectionable to third parties, or whose content contains software viruses, political propaganda, advertising content, chain letters, mass mailings or any other form of "spam" and, in general, any discomfort or inconvenience unnecessary.
The User agrees to make a lawful, diligent, honest and correct use of any information or content where he or she has access either through the Website or third parties websites that are accessed through the links of the Website under the principles of good faith and respecting the law at all times.
Users will only have access to all the information (any message, sound files, photographs, drawings, software and generally any kind or type of computer file, graphic, etc.) appearing on the Website for personal use.
Likewise, the User acquires the commitment not to cause maliciously or intentionally damages that might impair, alter the website itself and not to introduce or spread computer viruses that can produce unauthorized content or systems alterations of the Website.
8. Reviews, comments, communications and other content
Users can participate in social networks with comments and/or images provided that the content thereof is not be unlawful, obscene, abusive, threatening, defamatory, invasive of privacy, infringing intellectual property rights or is offensive or objectionable another mode for third parties and whose content does not contain computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other form of "spam". It is not allowed to use false email addresses, impersonate any person or entity, or otherwise lie about the origin of any content. D'Original reserves the right (but not the obligation) to remove or modify any content.
Any user wishing to publish content on the Website, whether it is graphic works, videos, musical works, photographs, animations, pseudonyms, names, symbols, texts, comments and generally any visual, textual or sound element from such partner, which will be called "user's content", is committed to transfer to D'Original a publishing license.
The user authorizes D'Original the publication of the "user's content" for free, worldwide and without restriction or reservation. Accordingly, he or she expressly agrees upon acceptance of these General Terms to provide D'Original with a license on the "user's content" which includes:
The right of reproduction and distribution of the "user's content" in any kind of multimedia support, paper, film, optical disc format, etc., including media advertising purposes and any shape corresponding to the graphic arts, by any technical processes and treatment modes (analog, digital ...) for the end-user devices, such as computers, mobile phones, digital tablets, etc., in all formats; and specifically, the right to store, archive and host the "user's content" on the servers used by D'Original as well as hard drives, RAM, caches, in all formats.
The right of public communication and distribution of the "user's content" to the public by any means of transmission and communication networks, particularly the Internet and the Website including Intranet, press, waves, cable, electronic networks and/or digital, downloads, etc.
The right of transformation of the "user's content" in all formats and presentations, illustrated with any legends, texts and commentaries (excluding political, pornographic or those contexts that are not appropriate), covering the ability to tweak or modify the "user's content ", namely graphic motifs, format, clarity and/or color, which may be necessary for the previously mentioned operating modes.
The user agrees that the "user's content" may be disassociated in any opportunity, both promotional and commercial or that is published on the Website, by D'Original's decision.
D'Original may also assign the rights of intellectual property contained in this publication license to any of the partner companies D'Original no limitations other than those established in this license.
Similarly, the User agrees that D'Original can use the "user content" to quote and link it to your screen name or your name in its promotional operations, marketing and advertising.
This license is valid in any language, throughout the world and during the period of protection agreed to the "user's content" to their holders rights in accordance with the Spanish and European legislation.
The user agrees not to receive any remuneration for such publications.
The user expressly states that any "user's content" introduced in the platform D'Original effectively owned by the User or has the authorization of the legitimate owners or licensees of the content and does not infringe the rights of intellectual property of others, and specifically the rights of employees of D'Original, or the rights to honor or image of third parties, or any other proprietary rights of third parties.
The User guarantees D'Original that has all the powers and authority to agree on the rights granted by the present and the user has not performed or will not perform by an assignment/license to third parties or by any other means, any act that could compromise this license and specifically that people who may be contained in certain "user's content" are not linked to the same by any exclusivity agreement regarding the use of their image or name. Specifically, the User declares that the "user's content" sent to D'Original is completely original and that it does not include a section on any other work of any kind that may compromise the responsibility of D'Original.
In the "user content" supplied by the User to D'Original may not appear or be entered data or content relating to people under 14 years old.
The user acknowledges having been informed that D'Original:
Rejects any responsibility about exploitation or dissemination of the "user's content" in any medium;
Users may withdraw their "user's content" from their Website if in its opinion such content is infringing the rights of D'Original partners or these Terms and Conditions, all without prejudice to any legal action which may be taken against the user who infringes the rights of others.
Therefore, the User rejects any recourse against D'Original and before any other company that may replace it in the future.
9. Intellectual or Industrial Property
The intellectual property rights of the Website, its source code, design, navigation structures and the different elements contained therein are owned by D'Original, which has the exclusive exercise of the rights to exploit them in any way and in particular the rights of reproduction, distribution, public communication and transformation, according to the Spanish and European legislation.
D'Original reports that it does not provide any license or expressed or implied authorization on intellectual and/or industrial property rights or any other right or related, directly or indirectly, with the contents included in the Website property. Total or partial reproduction of the contents of the Website, even through a hyperlink, without the express written consent by D'Original, is prohibited. Unauthorized use of this content will result in legal action.
10. Partial Nullity
If any Clause of these Terms and Conditions is declared invalid, the remaining Clauses shall remain valid, taking into account the spirit of these Terms and Conditions.
All communications between D'Original and the User concerning the contract of orders through the Website, shall be done by written communication and in accordance with the communicative procedures established in these Terms and Conditions for each individual case.
14. Ethics Policy about Suppliers
As a prestigious and reliable company that is committed to the goal of providing high quality products to its customers, D'Original recognizes its obligation to ensure that suppliers act ethically. We expect our suppliers to regularly provide an environment that protects the health and safety of employees, in addition to their basic human rights. All suppliers must comply with national laws and regulations on employment, in particular with regard to the following:
• Minimum working age
• Freely chosen employment
• Health and security
• Freedom of association and right to collective negotiation
• Absence of discrimination
• Absence of painful and inhuman treatments
• Working hours
• Labor conditions
D'Original will never consciously acquire supplies from countries that fail to comply with the above principles. We also expect our suppliers to move these principles while dealing with their own suppliers. Because of the sometimes complex nature of the supply chain of our suppliers, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as D'Original continues to grow, it recognizes the importance of action by taking the initiative and making every effort to defend the rights of the people involved in the manufacture of its products.
16. Governing Law and Jurisdiction
These General Conditions are subject to the Spanish law. The parties, in accordance the with the Real Decreto Legislativo 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, submit to the Courts which belong to the place of residence.
Withdrawal form model
(This form must only be complete and sent if you wish to withdraw from the contract)
DORIGINAL TREND, S.L.
Artesanía 8, Parque Industrial Guadalquivir, 41120 Gelves (Sevilla)
Phone: [please include phone number]
Hereby I express that I give up my purchase contract of D'Original shoes:
- Order placed/received on [insert date of contract/date of receipt of the order]
- [Name of consumer and user]
- [Address of consumer and user]
Signature of consumer and user (only if this form is notified on paper)