Terms of service
TERMS & CONDITIONS
1. GENERAL INFORMATION
These conditions of use (the "conditions of use") regulate access and use of the website hosted under the domain name www.melpom.com (the "website") and under any of the subdomains or dependent web pages of the same, as well as the content and services that the owner of the website makes available to its users (the "users") and established together with the privacy and cookies policy, relating to the management of the personal data of the users , the terms and conditions by which the website is governed.
2. PURPOSE OF THE CONTRACT
Access to the website or its use by the user, as well as the purchase of any product, infers, and without reservation, the knowledge and acceptance of these conditions of use, therefore, it is recommended that the user reads them carefully every time you want to buy a product.
3. PURCHASE OF PRODUCTS
How to buy products
All orders are subject to availability of the products. In the event that, once the order confirmation has been sent, MELPOM for some reason did not have the requested product available, MELPOM will contact the user as soon as possible, to let them know the product is not available. In this case, MELPOM may:
· Offer the user, without a price increase, a product with characteristics and specifications similar to the one originally requested, as long as the replacement product is in accordance with the user's needs.
· Offer the user the option to cancel the order, refunding the amount paid within 7 business days.
Refusal to process an order
Although MELPOM will do its best to process all orders, there may be exceptional circumstances that force them (MELPOM) to reject the processing of an order after sending the order confirmation, for which reason MELPOM reserves the right to do so at any time.
MELPOM reserves the right to remove any product from the website at any time and to remove or modify any material or content thereof. MELPOM is not liable to the user or to any third party for the removal of any product from the website, regardless of whether the said product has been sold or not.
All the products contained in the website are original MELPOM. All of them have a 3-month guarantee from the order delivery date.
It will be understood that the products are in accordance with the conditions of use as long as they comply with all the requirements that are expressed below:
· They conform to the description made by MELPOM and possess the qualities of the product that MELPOM has presented to the user in the form of a sample or model.
· They are suitable for the uses that products of the same type ordinarily used.
· They are suitable for any special use required by the user when they have made it known to MELPOM as long as MELPOM has admitted that the product is suitable for such use.
· Present the usual quality and benefits of a product of the same type that the user can expect, considering the nature of the product.
In the event it is proved that the product does not comply with the product specifications, MELPOM will proceed, when appropriate, to the repair, replace, reduce of the price or terminate the contract, all options being available to the user.
MELPOM is not responsible for damages to the products that may result from their misuse, as well as acts or omissions of the user that do not comply with the specifications of each product or for damages caused by third parties that are not linked to MELPOM.
MELPOM takes the utmost care in the presentation and description of the products. However, the photographs of the products are presented illustratively. In order to know the precise characteristics of each product, you must check the corresponding descriptive data that accompanies each product.
Delivery of products
Once the shipping confirmation has been sent, the products will be delivered to the address indicated by the user when placing the order within approximately one to two (1-2) working days from the day of purchase to Spain and 2-4 business days outside of Spain.
MELPOM assumes no responsibility when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping assigned company, such as the absence of the user or the retaining of the product in customs.
Delivery times are approximate, although MELPOM tries to adjust to them accordingly.
Shipping costs include transportation. For deliveries in the Canary Islands, Ceuta and Melilla as well as in countries not belonging to the European Union, customs expenses at the destination or other taxes (tariffs) are not included; the recipient will have to pay them in cash in order to receive the merchandise. The recipient will be responsible for all import expenses and taxes that are generated at the customs office in the country of destination, whether the merchandise is delivered or not.
An attempt will be made to dispatch the order in the shortest possible time, but the recipient must consider the provisions of the country of destination for the importation of the requested items, MELPOM is not responsible for them. Neither will MELPOM be responsible for the effects produced by strikes, wars or other circumstances beyond its control.
MELPOM will not be responsible for delays in customs clearance or if local authorities decide to confiscate or contain any items of a shipment.
Price and payment of the products
The prices applicable to each product are those published on the website on the date the user places the order. Despite the fact that MELPOM tries to ensure that all the prices listed on the website are correct, errors may occur. In the event that MELPOM discovers an error in the price of any of the products that a user has requested, it will inform you as soon as possible and give you the option to reconfirm the order at the correct price or to cancel it. If MELPOM fails to contact the user, the order will be considered canceled and the user will be fully reimbursed for the amount paid.
MELPOM is not obliged to supply the user with any product sold at the wrong or lower price (even if the shipping confirmation has been sent), if the error in the price is obvious and unequivocal and could have been reasonably recognized by the user as an incorrect price.
Prices can change at any time. However, possible changes will not affect the prices of products once MELPOM has sent the shipping confirmation.
Way to pay
The user can make the payment by Visa credit or debit cards, Visa electron, Mastercard, American Express or Paypal. To minimize the risk of unauthorized access, the user's credit card data will be encrypted. Whether the form of payment is made by credit or debit card or through Paypal, the charge will be made at the time that MELPOM sends the order confirmation to the user.
Value Added Tax (VAT)
The applicable vat rate will be the one legally in force at any given time depending on the specific product in question.
4. RETURNS AND EXCHANGES OF PRODUCTS
Right of withdrawal
In accordance with the applicable regulations, in the event that the user is buying as a consumer, he/she may withdraw from the contract (except in the cases established by law) and freely return or exchange the products delivered at any time within the period of 30 calendar days from the date of delivery (the "withdrawal period").
See changes and returns tab for more information.
5. USE OF THE WEBSITE
6. INTELLECTUAL PROPERTY
All the information contained in the website, including its graphic design and the source code, are protected by copyright and other rights contained in royal legislative decree 1/1996, of 12th April, which approves the text of the intellectual property law, and other norms that regulate intellectual property.
These rights belong exclusively to MELPOM therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of transfer, of all or part of the content of the website, and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.), as well as the databases and software necessary for the visualization or operation of the same, and any object that according to the current legislation is protectable by the rules of intellectual property.
Users may not exploit or use commercially, directly or indirectly, in whole or in part, any of the content that makes up the website without the prior written permission of MELPOM.
Authorization for the use of any content on the website may be requested from the email address email@example.com. The provisions of the preceding paragraphs will not imply in any case the assumption of responsibility by MELPOM for the content, nor may it generate the right to compensation for users or third parties.
7. INDUSTRIAL PROPERTY
Trademarks, trade names, store signs, names, logos, slogans or any type of distinctive sign shown on the website and belonging to MELPOM, and in particular, the name "MELPOM", may not be used, without prior written permission of MELPOM.
8. LINKS TO THIRD PARTY WEBSITES
The links contained in the website, referring to advertising or other types of content, and whose ownership or responsibility corresponds to third parties other than MELPOM, are not the responsibility of MELPOM, who in no case controls or approves the services, content, data, files, products or any kind of material existing on the page or web pages of third parties. Therefore, MELPOM will not be liable, under any circumstances, for the legality of the content of said page / s, being the sole responsibility of the third party for content related to that link, especially in respect to the law, moral, good customs and public order. The existence of links does not presume a relationship of any kind between MELPOM and the owner of the website on which it is established.
9. DISCLAIMER OF LIABILITY
MELPOM is cleared from any responsibility related to:
· The operation of the website, (including causes of force majeure, or any other interruptions beyond the control of MELPOM), that may not be fully operational, or is lacking in functionality to manage the relevant service.
· Possible errors or security deficiencies that may occur due to the use, by the users, of a browser of an outdated or insecure version, as well as the activation of the devices for keeping passwords or identification codes of the registered user in the browser, or damages, errors or inaccuracies that may arise from its malfunction.
· For direct or indirect damages that may be caused by the information transmitted or communicated on the website or in its electronic communications, including technical limitation or human errors in the published data.
· Damages, including but not limited to: direct or indirect, inherent or consequential damages, losses or expenses, arising in relation to this website or its use or impossibility of use by any of the parties, or in relation to with any performance failure, error, omission, interruption, defect, delay in operation or transmission, computer virus, system or line failure.
Although it uses its best efforts, MELPOM cannot guarantee the users continuous and uninterrupted access and use of its website.
MELPOM has the right to review and modify these conditions of use at any time. The user will be subject to them from the moment they accept them, except if the law or government agencies states MELPOM must make retrospective changes, in which case the possible changes will also affect the orders that the user had previously requested.
11. CONTACT AND WRITTEN COMMUNICATIONS
For any query or incident related to orders, the user must contact MELPOM by sending an email to the following address firstname.lastname@example.org
12. JURISDICTION AND APPLICABLE LAW
The operation and use of the website and these conditions of use are governed by Spanish law. To the extent permitted by law, MELPOM and the user, clearly surrender any other jurisdiction that may relate to them, and agree to submit to the jurisdiction of the courts and tribunals of Barcelona (Spain).