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 on it (hereinafter, the "Conditions").

We ask you to 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 could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or execution of the Contract (as it is defined below) will be those that are applicable to you.

The Contract (as it is defined below) may be formalized, at your choice, in any of the languages ​​in which the Conditions are available on this website.

2. OUR DATA

This website is operated under the name poemsbcn.com by POEMS Barcelona Knitting Hub., who owns it, a Spanish company with address at Joaquín Costa 23, 08206, Sabadell, Barcelona.

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of said information and data and declare that all of them are true and correspond to reality.

4. USE OF OUR WEBSITE

By using this website and/or placing orders through it, you agree to:

a. Make use of this website only to make legally valid inquiries or orders.

b.Not make 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 relevant authorities.

c. Provide us with your email address, postal address and/or other contact information in a truthful and exact manner. Likewise, you agree that we may use said 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. CONCLUSION OF THE CONTRACT

No contract will exist between 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 thereof will be refunded in full.

To place an order, you must follow the online purchase procedure and click on "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes an offer you make to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through an email confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between us (the "Contract") will be formalized only when we send you the Shipping Confirmation.

Only those products listed in 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 ordered until we confirm the shipment of the same in a Shipping Confirmation.

6. AVAILABILITY OF PRODUCTS

All product orders are subject to product availability. In this sense, if there are difficulties regarding the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you can order. If you do not wish to order such substitute products, we will refund any amount you may have paid.

7. IMPOSSIBILITY 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 on this website. Although we will do our best to always process all orders, there may be exceptional circumstances (such as a fire or major disaster) that force us to refuse to process an order after having sent the Order Confirmation; In this case, unfortunately, we will not be able to attend to your request. We will return everything paid, indemnifying, where appropriate, the damage caused.

8. NON-DELIVERY

If after three attempts we find it impossible to deliver your order, we will try to find a safe place to leave it. Likewise, we will leave you a note indicating where your order is and how to collect it. If you are not going to be at the place of delivery of the order at the agreed time, please contact our logistics operator to arrange delivery on another day.

In any case, to collect your order, you will have a period of 10 days from the date on which, following the procedure established in these Conditions, you are informed that your order is available. If after this period you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the provisions of this Clause, we consider the Contract terminated. , discounting shipping and return costs.

9. TRANSMISSION OF OWNERSHIP OF THE PRODUCTS

The product will be in your charge from the moment of delivery.

10. PRICE AND PAYMENT

The price of each product will be the one stipulated at any time on our website, except in the case of manifest error. Although we try to ensure that all prices listed on the page are correct, errors can 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 we will give you the option of maintaining this price or canceling it. Please notify us of any anomaly in prices.

The prices on this website do not include shipping costs, which will be added to the total amount due as detailed in the corresponding section.

Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a Dispatch Confirmation.

Once you have made your purchases, all the items you wish 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, Visa electron, Mastercard and PayPal. To minimize the risk of unauthorized access, your card details will be encrypted.

By clicking on "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder.

Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

11. LIABILITY AND EXEMPTION OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

12. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who granted us a license for its use. You may use said material only in the manner expressly authorized by us or by those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.

13. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You agree not to make improper use of this web page by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other program or technologically harmful material. Nor will you try to gain unauthorized access to this web page, to the server on which said page is hosted or to any server, computer or database related to our web page.

Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and will 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 liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically disruptive or harmful program or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of downloading content from it or to which it redirects.

14. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and you 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.

15. NOTICES

The notifications that you send us should preferably be sent through our email info@poemsbcn.com . In accordance with the provisions of the preceding clause, and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered to the post office or to a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

16. EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure to perform or delay in performance of any of our obligations under a Contract caused by events beyond our reasonable control (“Force Majeure Event”).

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, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.

3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

4 Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

5 Impossibility of using public or private telecommunications systems.

6 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 comply with said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that enables us to perform our obligations under the Contract.

17. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in them constitute the entire agreement existing between us and you in relation to the object of the Contract and replace any other agreement, agreement or previous promise agreed between you and us verbally or by written.

Both you and we acknowledge having consented to the execution of the Agreement 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 entered into by the two prior to said Agreement, except as expressly stated mentioned in these Conditions.

Neither you nor we will have any recourse against any untrue statement made by the other party, verbal or written, prior to the date of the Contract (unless such untrue statement was fraudulently made) and the only recourse available to the another part will be for breach of contract in accordance with the provisions of these Conditions.

18. OUR RIGHT TO MODIFY THESE TERMS

We have the right to review and modify these Terms at any time. You will be subject to the policies and Conditions in force at the time you use this website or make each order, except that by law or decision of government agencies we must make retroactive changes in said policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that you had previously made.

19. APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law. Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes as such.

20. WITHDRAWAL, CHANGES AND RETURNS

The User, as a consumer and user, makes a purchase at https://www.poemsbcn.com/. If you are not satisfied with any of the products in your order, you have the right to withdraw from said purchase and request a return.

In order to communicate your total or partial withdrawal from the purchase of the Product, in accordance with the applicable legislation, you have a maximum period of 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquired possession. material of goods purchased on the POEMS website. In the event that the goods that make up your order are delivered separately, you have a maximum period of 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of the goods that made up the same purchase order. The return made on time will not entail any penalty. However, the Customer must bear the shipping costs.

To exercise this right of withdrawal, the User must notify POEMS of his decision through the contact spaces provided on the website or through info@poemsbcn.com

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that POEMS makes available to them, however, its use is not mandatory. To meet the withdrawal period, it is enough that the communication of the decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, POEMS BCN will reimburse the user for all payments received, including shipping costs, without undue delay and, in any case, no later than 14 calendar days from the date POEMS is informed of the withdrawal. decision to withdraw by the User.

POEMS will reimburse the user using the same payment method used by the user to carry out the initial purchase transaction. This reimbursement will not generate any additional cost to the user. POEMS could withhold said refund until it has received the purchased products, or until the user presents proof of their return, depending on which condition is met first.

The user can return or send the products to POEMS:

POEMS BARCELONA KNITTING HUB SL

C/ JOAQUIN COSTA 23 – 08206 SABADELL (BARCELONA)

The user must return or send the products without undue delay and, in any case, no later than 14 calendar days from the date POEMS was informed of the withdrawal decision.

The user acknowledges that he must assume the direct cost of return (transportation, delivery) of the goods, if any is incurred. In addition, it will be responsible for the decrease in value of the products, resulting from a handling other than that necessary to establish the nature, characteristics and operation of the goods.

The products must be returned using or including all their original packaging, the instructions and other documents that accompany them, in addition to a copy of the purchase invoice.

Exceptions to the right of withdrawal, including but not limited to, this would be the case of:

- Products that cannot be returned due to hygiene or health protection reasons, if they have been unsealed after delivery.

- Products that can deteriorate or expire quickly.

- Sealed sound or video recordings or sealed software, if you had unsealed them after delivery.

- Goods made according to your specifications or clearly personalized.

- Digital content that would not have been delivered on a tangible support if you had consented to the execution at the time of delivery and without it being possible to withdraw from that moment.

- In any case, no refund will be made if the product has been used beyond its mere opening, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

withdrawal form

21. ONLINE DISPUTE RESOLUTION

Following the European consumer regulations, companies established in the European Union that carry out contracts of sale or provision of services online (including those that offer their products through email) and online markets established in the Union, must offer on their websites the link to the online dispute resolution platform, through which claims for contracts made online can be processed:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

The creation and development of the Online Dispute Resolution Platform is provided for in Regulation (EU) 524/2013 of the European Parliament and of the Council, to try to offer an online mechanism for submitting disputes between consumers and users established in the Union Union in a simpler, faster and cheaper way than going to court.

Therefore, through the platform enabled through the previous link, the user can send their complaints, claims or other types of comments that they wish to make.

In addition, the company has official claim forms available to consumers and users, who can request them through the contact information provided and indicated on the website.

22. PRODUCT WARRANTY

If you contract as a consumer and user, we offer you guarantees on the products that we market through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested. within a period of three years from the date that appears on the purchase ticket or invoice, or on the delivery note if delivery is later.

It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this web page, (ii) they are suitable for the uses to which the products are ordinarily intended of the same type and (iii) have the usual quality and benefits of a product of the same type that can reasonably be expected. When this is not the case with respect to the products delivered to the user, the user must proceed as indicated in the Return of defective products or shipping error section.

The guarantee period is three years, although it does not include deficiencies caused by negligence, blows, incorrect use or improper manipulation, etc., nor materials that are worn by use.

As sellers of this website, we are responsible for the legal guarantee for the products on display.

23. LIABILITY AND EXECUTION OF LIABILITY

The company's responsibility, except as otherwise expressly provided in these Conditions, in relation to any product purchased on our website, will be strictly limited to the purchase price of said product.

However, our liability is not excluded or limited in the following cases: Death or personal injury caused by our negligence; Fraud or fraudulent misrepresentation; In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability. Without prejudice to the provisions of the previous paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, the company will not accept any responsibility for the following losses, regardless of their origin: Losses of income or sale Loss of business, Loss of profit or loss of contracts, Loss of expected savings, Loss of data, Loss of management time or office hours.

Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, the company cannot guarantee the accuracy and security of the information transmitted or obtained through this web page unless that expressly establishes the contrary in the same.

All product descriptions, information and materials on this website are provided as true body and without express or implicit warranties about them.