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Conditions of use and contracting

Last Updated: August 9, 2019

1.- Ownership

This site is owned and operated by TXINGUENE SL (hereinafter, The Company ), with address at CALLE ERMITA, 34 – 1 B, 20304, Irún, NIF number B20929642.

Email: onursent@gmail.com

TXINGUENE SL is registered in the Mercantile Registry of #### _ LUGAR_R_MERCANTIL _ #### , Volume #### _ TOMO_R_MERCANTIL _ #### , folio #### _ FOLIO_R_MERCANTIL _ #### , section #### _ SECCION_R_MERCANTIL # , inscription #### _ INSCRIPCION_R_MERCANTIL _ #### and with sheet #### _ HOJA_R_MERCANTIL _ #### .

2.- Acceptance

This website and the service provided (hereinafter the Service) is available to any user and is subject to the following terms and conditions: these Terms of Use and Contract, our Privacy Policy and our Cookies Policy.

When you use the Service you agree to our terms and conditions. By doing so, you agree not to use this site for illegal purposes.

On the other hand, we inform you that for legal reasons we archive the electronic documents in which the subscriptions to our payment services are formalized. You can access these documents at any time by requesting it at: onursent@gmail.com

3.- Description and Use of the Service

3.1.- Service

Through the Service you can buy rugs at retail.

3.2.- Use

Users agree to use the Service in accordance with current legislation and the terms and conditions of the platform.

Likewise, users agree not to collect data for advertising purposes, to send advertising of any kind or communications for sale or other commercial purposes. Neither may you make available to third parties, for any purpose, data collected in the Service.

In case of breaching these obligations, users must respond to them. Similarly, in the event of damaging, disabling, overloading, deteriorating or preventing the normal use of the materials and information contained in the Service, the information systems or the documents, files and all kinds of content stored on any computer equipment of the Service, of its members or of any user of the Service.

4.- External links

You may be referred from the Service to other websites through links.

However, The Company has no control over those sites or their content, subject to its own terms and conditions. Therefore, The Company is not responsible for the quality, veracity or accuracy of the information contained therein.

5.- Age

Regarding the registration in our Service, or the contracting of any of our products or services, you declare that you are of legal age and that you have the legal capacity to be bound by this agreement and use the site in accordance with its terms and conditions, that you fully understand and acknowledge.

If you contract the Service on behalf of a company, you acknowledge having authorization and adequate representation on behalf of the organization to do so.

You declare that all the information you provide to access the Service, before and during its use, is true, complete and accurate.

6.- Intellectual and industrial property

The content and information of the Service (among other data, text, sound or image), as well as the hardware or software elements used to provide such content and information, are the property of The Company or have the corresponding authorizations for their use. .

Furthermore, the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes of the Service are prohibited.

For any other use of the content of the Service you need our prior written consent.

7.- User Content

You can contribute to the Service by sending us messages to our email address, through the contact form or by sending messages through the platform’s messaging system (hereinafter “Content”).

We may use your Content in different ways, such as: displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, promoting or distributing it.

Therefore, by submitting Content to us, you grant The Company a free, non-exclusive, worldwide use license, until the content is withdrawn, transferable and sublicensable on that Content.

That means that the content is still yours, but the Company , thanks to that license of use, can:

a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works from it, display and exhibit it throughout the world, by any known means and for any legitimate purpose; and b) use the name you submit in connection with that Content.

However, The Company reserves the right not to publish content or information that is false or contrary to the rights of third parties.

8.- Price and taxes

The prices of the products offered in the Service are indicated in euros (€) and include the value added tax (VAT) applicable to these services in Spain.

In the event that the client’s place of residence or domicile is another member state of the European Union or a third state, the price of the reservation may be modified if the applicable tax rate is different.

9.- Payment and means

To contract our products, it is essential to pay the amount in full and in advance.

The payment of the contracted Service can be made:

  • By credit or debit card VISA or MasterCard, charging the amount at the time of purchase of the products.

In this sense, The Company informs the holders of credit and debit cards that it is responsible for transactions in the online store. They are carried out on a secure page, using SSL technology to guarantee the security of data transmission.

10.- Validity of the offers

The products offered in the Service, and their prices, will be available for purchase while they are in the catalog displayed on the web.

In any case, The Company reserves the right to make the modifications it deems appropriate in the Service, being able to update the functions of the Service according to the market.

The prices that appear on the web are indicative. The Company reserves the right to change prices without prior notice.

We inform you that despite the updates that are made to the prices of the Service, they could contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service.

11.- Exclusion of guarantees and responsibility

Except in those cases expressly described in these terms and conditions and as far as the law allows, The Company is not responsible for damages of any nature that may be due to a lack of accuracy, completeness or timeliness, including errors and omissions, of the information contained in the Service. Similarly, neither of any duty or commitment to verify or monitor its content and information.

Likewise, The Company does not guarantee the availability and continuity of the operation of the Services. The Company will endeavor to give sufficient advance notice of any interruptions that may occur in the operation of the Service whenever possible.

The Company excludes, to the full extent permitted by the legal system, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Service. Similarly, regarding the fraud of the utility that users could have attributed to the Service.

Likewise, The Company excludes any liability for damages of any kind that may be due to the use of the Service and its contents by users, clients or professionals, or that may be due to a lack of veracity, validity or authenticity. of the information that users provide to others about themselves. In particular, The Company excludes any liability for damages of any kind that may be due to the impersonation of a third party made by a user in any kind of communication made through the Service.

12.- Right of withdrawal, returns and refunds

12.1.- Right of withdrawal

As a user, you have the right of withdrawal for a period of 14 days, starting from the moment you receive the requested product, always in accordance with the applicable regulations. To do this, you must fill in and send us the withdrawal form included in the Annex via email to onursent@gmail.com.

12.2.- Returns, exchanges and refunds

If, once the product is received, it arrives damaged or in poor condition, The Company allows you to exchange it for a new one within thirty (30) calendar days, counting from the date of receipt, and at no additional cost.

The return of the purchased items must be carefully packaged and include the delivery note. For the return, contact us at onursent@gmail.com

If it cannot be done by ordinary postal mail, once the request has been confirmed, the carrier will contact you to specify the day and time of collection, without additional charges.

On the other hand, if by mistake you were given a product other than the one requested, communicate it at onursent@gmail.com and the correct product will be delivered to you, collecting the first one, without any additional charge for you.

13.- Modifications and invalidity

We may update the terms and conditions of the Service in the future, as well as the features and functions of the Service itself. However, this will not adversely affect the quality of any specific services that we have expressly agreed to provide.

We will inform you of the changes in terms and conditions by placing a notice in a prominent place on our website and / or by email.

If any clause included in our terms and conditions is declared, totally or partially, null or ineffective, it will only affect said provision or the part of it that is null or ineffective. The terms and conditions will subsist in everything else, having such provision, or the part of it that is affected, by not being placed.

14.- Claims and actions derived from the contract

This Service is governed by Spanish law.

In order to simplify the resolution of claims through civil channels and reduce costs, we do not exclude the possibility of submitting to an Equity Arbitration of the Court of Arbitration of the Chambers of Commerce and Industry.

In this sense, and according to the applicable regulations, The Company informs of the existence of a European platform for the resolution of online disputes that facilitates the out-of-court resolution of such disputes for contracts also concluded online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr

If the contracting of the Service is carried out by a company, in case of dispute the parties submit to the courts of San Sebastián and to Spanish law.

15.- Contact

If you have questions about these terms and conditions, contact us at:

E-mail: onursent@gmail.com

Address: CALLE ERMITA, 34 – 1 B, 20304, Irún

ANNEX – Model to exercise the right of withdrawal

_____________________ (Name of store or vendor)
_____________________ (NIF)
_____________________ (Direction)
_____________________ Email:

Through the following document I inform you that I am withdrawing from the contract of sale of the following good / service _____________________________ signed with you on the ___ day of _______________ of ____________.

Customer’s personal data (fill in capital letters)

Name and surname _____________________________________________________

Address _______________________________________ Nº __ Floor ____ Pta. ____

Postal Code __________________
Population _____________________
Province ______________________
Telephone ______________________
Email ______________

This document will only be effective until fourteen (14) calendar days from the receipt of the product or from the contracting, in the case of services.

Date __________________________

Firm:

When you send us the withdrawal document, you agree that we collect and process your personal data as established in our Privacy Policy. We collect the data in order to meet your request as a client, the legal basis for this being the contract. In any case, you can exercise at any time the rights of access, rectification, deletion, limitation of your treatment, opposition and portability of your data by postal or electronic mail, as indicated in our Privacy Policy .