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LEGAL CONDITIONS OF USE OF THE ELECTRONIC ORDERING PLATFORM (VIRTUAL BUSINESS ASSISTANT)

PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCESS TO AND USE OF THIS ELECTRONIC ORDER MANAGEMENT PLATFORM SERVICE IMPLIES AN EXPRESS AND UNRESERVED ACCEPTANCE OF ALL TERMS OF THESE TERMS, HAVING THE SAME VALIDITY AND EFFECTIVENESS AS ANY CONTRACT CONCLUDED IN WRITING AND SIGNED.

YOU MUST EXPRESSLY AGREE TO THESE TERMS WHEN REGISTERING AS AN AUTHORIZED USER IN ORDER TOPERFORM COMMERCIAL OPERATIONS ON THEWEBSITE.

COMPLIANCE WITH THESE CONDITIONS WILL BE ENFORCEABLE WITH RESPECT TO USERS WHO ACCESS THE COMMERCIAL ASSISTANT SERVICE AND MAKE USE OF THE SERVICE AFTER FILLING IN THE ESTABLISHED IDENTIFICATION FIELDS AND IDENTIFYING THEMSELVES AS A NATURAL OR LEGAL PERSON. IT IS REPORTED THAT THE PERSON RESPONSIBLE FOR THE WEBSITE WILL ARCHIVE THE ELECTRONIC DOCUMENT IN WHICH THE ORDER IS FORMALIZED, BEING ABLE THE USER TO ACCESS IT, ONCE REGISTERED, AS SET OUT IN POINT 2.6 OF THE PARTICULAR CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF THIS CONDITION, DO NOT ACCESS OR USE THE ONLINE STORE SERVICE.

1. OBJECT

These conditions are intended to regulate the conditions of access, use, request and management of orders accessible from the website http://www.basiccrea.eu (hereinafter, the Website) or from any other Internet addresses that re-enter it.

The Website is the responsibility ofBASICCREA, with C.I.F./N.I.F. no B65798779,and withregistered office at C/ CORDELLES, 8 - 08030 BARCELONA and registered in the Commercial Register of BARCELONA Volume 43176 , Folio 163, Section 8, Sheet B 425426,

The email address and contact phone number are:

E-mail: ventas@basiccrea.eu

Tlf: 931930313

The Website makes these conditions available to users, so that they can be stored and reproduced, thus fulfilling the legal duty of prior information.

The request for orders through this electronic platform may only be made from the Internet, through the Website.

2. PARTICULAR CONDITIONS OF USE

2.1 Acquisition of user status.

The use of the electronic ordering platform is limited only to natural or legal persons, who are PROFESSIONAL MERCHANTS either with physical store or e-commerce. Access to extended content will only be allowed once this condition has been verified by submitting Model 036/037 documents.

To access the electronic platform and be able to place any order, they must register as users, having to fill in the identification fields requested in the registration form provided for the creation of a new user, being expressly prohibited its use to minors. Registered users will have a custom username and password that will identify you as a platform client; responsibility exclusively for the customer not to disseminate to third party such personal registered user id. In the event of any suspicion of unauthorized use by the registered user of the name or password, you must communicate it as soon as possible to the person responsible for the Website.

All orders placed with the user's personal key will be considered validly placed by the customer and will be binding on it, rising all rights and obligations arising from these general conditions of use.

2.2. Procedures and EMBRODERY for placing orders.

To place an order on the Website, the following steps must be followed:

  1. Log in to the Website as a registered user, with the name and password authorized to access the electronic ordering platform.
  2. Fill in the required fields indicated on the respective order form.
  3. Select the product(s) and add them to the shopping cart.
  4. Specify, for each product, the quantity you want and click on the "view cart" option to view the entire order, and if the order is correct, select the "place order" option. If there are any products you do not want, you can delete them at this time.
  5. Once the order is confirmed, the delivery address and billing address will be displayed. If there are any errors in them, or your personal user data have been modified, you must suspend the execution of the order in order to update your registered user data.
  6. Finally, select the "confirm order" option. Once the order has been confirmed, it will be in a "pending" state pending payment confirmation.
  7. Registered users can check the status of their orders, which can be: "pending payment confirmation" "in service" "completed" and "cancelled".

THE PERSON RESPONSIBLE FOR THE WEBSITE RESERVES THE RIGHT TO SUSPEND THE PROCESSING OF AN ORDER AND RETAIN IT IN CASE THERE ARE DOUBTS ABOUT THE AUTHENTICITY OF THE USER WHO URGES IT, AS WELL AS IN CASE OF NON-PAYMENT OF PREVIOUS ORDERS. IT ALSO RESERVES THE RIGHT TO WITHHOLD THE ORDER IN CASE IT IS NECESSARY TO CONFIRM ANY END OF IT.

THE PRICES OF THE PRODUCTS SHOWN IN EUROS WITHIN THE VIRTUAL BUSINESS ASSISTANT DO NOT INCORPORATE THE APPLICABLE TAXES, WHICH WILL BE THOSE IN FORCE ACCORDING TO THE TAX RATE AT THE TIME OF PLACING THE ORDER.

2.3. Method of payment.

The following payment methods are made available to the registered user:

1st.-Bank transfer

The user can pay for his order by bank transfer to the account indicated in the Online Store. The owner of such bank account is responsible for the website.

2nd.-Deferred form of payment

The controller of the Website may expressly authorize in certain exceptional cases other forms of payment deferred to large regular customers.

3rd.-Pay by PAYPAL

For export orders only we accept payment through Paypal. This payment method has a surcharge of 3% of the invoice amount.

2.4. Response procedure and form of shipment.

Shipments of goods whose order is managed through the electronic platform by means of the shopping cart formula will be sent either through their own means or through external transport companies. Shipping costs will be governed by the conditions expressed in the Delivery section.

In all cases, the goods will be transported at the buyer's own risk.

2.5. Claims and Non-Conformities.

Any defect or deterioration that the customer may notice in the goods transported, must include the carrier, making the appropriate claim in the act of receiving the goods.

IN ANY CASE, IT IS ESSENTIAL THAT THE PRODUCTS ARE RETURNED IN THEIR ORIGINAL PACKAGING AND SEALS. IN NO CASE WILL REFUNDS OF GOODS, OR CLAIMS ABOUT THEM, BE ACCEPTED AFTER FOURTEEN CALENDAR DAYS AFTER RECEIPT.

In case of discrepancies or any error about the product received, the customer must inform the Website in writing, within a maximum period of fourteen calendar days from the date on which the order was received, by one of the following means:

E-mail: ventas@basiccrea.eu

Tlf: 931930313

The general procedure for non-conformity claims with the order served is as follows:

  • The user receives a commodity with which he is not happy and wants to return, or has any other claim
  • After informing the person responsible for the Website, after checking the veracity of the claim, we will proceed directly to make the order for collection or payment of the goods and to give the corresponding solution within a maximum period of fifteen days.
  • The costs of the return will be borne by the user or the person responsible for the Website, depending on the reason for such return. The person responsible for the Website will conveniently inform the user at this point within the maximum period indicated in the previous point.
  • In the event that no agreement is reached between the parties on the cause of the claim and / or return of the product, the user will be free to exercise the appropriate legal actions, both extrajudicial and judicial, in exercise of their rights as a consumer.

2.6. Other procedures.

Entering as a registered user on the Website the following procedures can be observed:

  • Manage your personal data
    Through the "My Accounts" section, you can consult and modify personal, contact data (addresses, telephone, mail etc.)
  • Check orders
    Through the "Orders" section, you can check the history of the orders, as well as the status and situation of the orders. Entering a certain order, the user can access the electronic document in which the said order has been formalized, when the same is archived by the person responsible for the Website, in order to respond to any claim made by the user in this regard.
  • Download images and view catalogs
    In this section you can consult online the product catalogs and download the image content by accessing our database prior registration through the images point. The user may also print these conditions of use of the electronic ordering platform.

3. OBLIGATIONS OF THE PARTIES

Without prejudice to any other obligations arising from these conditions for the supplier distributor, responsible for the Website, and/or for the customer, both parties undertake to observe and comply with the following:

The WEBSITE RESPONSIBLE undertakes to:

  • Make available to customers and users the necessary information of the products and goods to be purchased within the Website.
  • Once the order has been placed by the customer, send an email check inging the receipt of the request or order placed.
  • Make available to customers and users these conditions of use of the electronic ordering platform, so that they can be stored, archived and / or printed by the user.
  • Warn and inform customers and users of any changes that may occur in these terms of use.
  • Answer and inform the customer as soon as possible about any incident in the order placed.
  • Comply with current data protection legislation in order to safeguard the information provided by the customer.

The CUSTOMER undertakes and will be solely responsible for:

  1. Assume payment of goods whose order has been placed through the electronic ordering platform of the Website.
  2. Safeguard and maintain in absolute confidentiality the identifier provided as a registered user within the Website, as well as your personal password, taking responsibility for not communicating it to any unauthorized third party.
  3. Expressly authorize and consent to the transfer of your personal data PRODUCTS FOR BASICCREA with CIF. no B65798779 and domiciled in Cordelles street no 8, 08030, Barcelona, for the purposes of processing and managing orders placed.
  4. Any act you perform differently from the indications or instructions designated on the Website about order management through the electronic platform.
  5. The certainty, accuracy and timeliness of the data with which you will fill out each of the forms that are collected on the Website.
  6. Direct or indirect manipulation of content appearing on the Website for fraudulent purposes.
  7. Direct or indirect damages caused to him by any third party if the customer and/or registered user lost, disclosed, or, in any way, let a third party know the data and information necessary to access the electronic platform and manage the placing of product orders by impersonating the customer's identity.
  8. All acts that come to infringe the industrial and intellectual property of the Website.
  9. Any unlawful action or omission that contravenes the provisions of these conditions.

4. RESPONSIBILITIES AND LIMITATIONS

The controller of the Web service cannot guarantee that the use of the Website and/or the electronic platform will be continued or uninterrupted. Likeever, it cannot guarantee that the information provided is error-free, having a purely informative nature and not being binding on the person responsible for the Website.

Accordingly, the controller of the Website does not guarantee or be responsible for:

  1. The uninterrupted continuity in the use of the Website, as well as the unavailability and / or accessibility thereof.
  2. The absence of errors in the use of the Website.
  3. The absence of viruses and other harmful components on the Website or on the server that supplies it.
  4. The invulnerability of the Website and/or the impregnableness of the security measures adopted therein.
  5. Damages caused, to himself or a third party, by any person who violates the conditions of use of the Website or its security systems.
  6. Any other damages that may be caused by reasons inherent in the malfunction or malfunction of the Website or links located in the domain.

However, the person responsible for the Website declares that he has taken all necessary measures, within his possibilities and the state of technology, to ensure the operation of the electronic platform and prevent the existence of components harmful to customers and/ or users.

The service provider makes every effort to avoid errors in the contents published on the Website, in particular those relating to the description and price of the products and goods. All the contents offered through it are updated, with the person responsible for the Website reserving the right to modify them at any time. In any case, the service provider is not responsible for the consequences that may arise from errors that may appear in the contents contained in the Website and / or electronic platform.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The person responsible for the Website owns or has obtained the corresponding license or authorization on the exploitation rights in the field of intellectual property, industrial and image over the contents available through the electronic ordering platform, among others by way of example and not exhaustive, the texts, graphic designs, drawings, codes, software, product catalogs, photographs , videos, sounds, databases, indices, images, trademarks, logos, expressions and information and, in general, any other creation protected by national standards and international treaties on intellectual and industrial property (hereinafter, together, the Contents).

All intellectual and industrial property rights in the Contents are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included in the Website, whether images or text, for public or commercial purposes, if the prior, express and written authorization of the owner of the corresponding rights is not available.

The access and navigation of the user through the Website, as well as the use of the electronic ordering platform, will in no case entail a waiver, transmission, license or total or partial transfer of the ascribed rights.

Accordingly, it is not permitted to delete, circumvent or manipulate the copyright notice and any other data identifying the rights of their respective owners incorporated into the Contents, as well as the technical protection devices, or any information and/or identification mechanisms that may be contained therein.

References to names and trademarks, logos or other distinctive signs implicitly prohibit their use without the consent of their rightful owners. At no time, unless expressly stated, access to or use of the Website and/or its Contents, does it confer on the user any right over the trademarks, logos and/or distinctive signs included there in it protected by law.

6. PROCESSING OF PERSONAL DATA AND CONFIDENTIALITY POLICY

The processing of personal data, as well as any other information requested from users for the management and processing of online consultations within the Website, will be carried out subject to Regulation (EU) 2016/679 of the European Parliament and of the Council, April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter GDPR), the Organic Law on the Protection of Personal Data and Spanish development regulations, as well as Law 34/2002, of July 11 on services to the information society and electronic commerce; being treated in order to manage the contractual relationship arising from the processing of orders within the electronic platform (Online Store).

For the purposes set out in articles 13 and 14 GDPR (Right of information in the collection of data), the customer is informed in advance that the data collected when registering as a user will be part of the CUSTOMERS file, registered in the General Register of the Data Protection Agency, for which the owner of the Website is responsible. The purpose of this file is the management, control and billing of orders placed by registered users through the electronic platform (Online Store), obeying such collection of personal data to a commercial relationship of purchase and sale of goods in detail by catalog.

The user is also informed that the information provided is subject to the commercial relationship established in the electronic order and will not be used for any purpose in addition to the intended one, which is determined by the commercial relationship established for this purpose.

Likewise, with the confirmation of sending personal data through the form provided on the Website, the user grants express consent for the processing of his personal data for the following purposes:

  1. The processing and management of the products purchased through the electronic ordering platform, invoiced by the person responsible for the Website, in accordance with the data collection form provided in that domain.

  1. Sending advertising information of offers and liquidation of the products offered within the electronic ordering platform and marketed by the person responsible for the Website.

  1. The transfer of the data collected by the person responsible for the Website to the wholesale distributor PRODUCTS FOR MANUALITIES BASICCREA SL, in order to have at all times sufficient stock of goods, to attend and serve the goods purchased by the user registered within the electronic ordering platform.

  1. The data will be kept indefinitely by the person responsible for the Website, for statistical purposes regarding the volume of orders placed by the user, unless the customer makes use of any of his right of cancellation, deletion, limitation of the processing or portability of the data.

  1. In case of non-compliance with the purposes provided for herein conditioned by the person responsible for the Website, the user has the right to file a complaint with the Spanish Data Protection Agency.

Likewise, in compliance with the Principle of Data Quality, the user undertakes to provide true, accurate, complete and up-to-date data, so that they respond truthfully to the situation of the data.

7. RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION, OPPOSITION, DELETION, LIMITATION OF PROCESSING AND PORTABILITY OF DATA

The controller of the Website informs the user that he/she may exercise the rights of access, rectification, cancellation, opposition, deletion, limitation of the processing and portability of the data in the terms provided for in the current legislation, by express request addressed to the controller of the Website that must contain:

  • Name and surname of the interested party, photocopy of his/her ID, passport or other valid document that allows identification.
  • Request to make your request.
  • Address for communications purposes.
  • Date and signature of the applicant.
  • Documents accreditation of the request you make, if any.

The aforementioned request will be met by the controller of the Website in the terms provided for in the GDPR and its corresponding development regulations.

8. DURATION AND MODIFICATION OF THE SERVICE

These terms will remain in effect and will be valid for as long as they are accessible to customers and users through the Website.

The person responsible for the Website reserves the right to be able to modify the terms and conditions stipulated herein unilaterally, being obliged to announce any changes to these conditions. The temporary validity of these conditions coincides with the time of their exposure, until they are modified in whole or in part.

The user expressly accepts the use of email as a valid procedure for the exchange of information and the sending of communications between and/or with the person responsible for the Website.

Each party shall be responsible, exclusively, for the fulfillment of the obligations arising for each of them arising from the current regulations that apply and must leave the other unscathed against the actions, claims and / or claims that third parties may exercise for the breach thereof.

In the event that any provision or provisions of these general conditions are held to be null and void, in whole or in part, by any court, court or competent administrative body, such nullity or non-application shall not affect the remaining provisions. In such a case, the parties agree to replace the clause(s) concerned with another or other clauses having the most similar effects to those of the substitutes.

The non-exercise or execution by the person responsible for the Website of any right or provision contained in these general conditions of use shall not constitute a waiver thereof, unless acknowledged and agreed in writing by you.

9. APPLICABLE LAW AND COMPETENT COURTS

For all purposes the relations between PRODUCTS FOR MANUALITIES BASICCREA SL with the Users of its telematics services, present on this website, are subject to the Spanish legislation and jurisdiction to which the parties expressly submit, being competent for the resolution of all disputes arising or related to their use the Courts and Tribunals of Barcelona.

10. WARRANTY OF PRODUCTS PURCHASED IN SPAIN

To claim and enforce the warranty, the consumer can contact both the seller and the manufacturer of the product.

  • The law establishes a general period of 2 years warranty from purchase.
  • If the defect comes to light for the first 6 months from the delivery of the good, it is presumed to be a defect of origin, the consumer must not prove anything to get the warranty applied.
  • If the problem occurs after 6 months, the manufacturer or seller may require the consumer to prove that the fault existed of origin.

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