• TERMS OF AGREEMENT

    TERMS OF AGREEMENT 

     

    Article 1 – The Company

    Three Screws S.L. is a limited liability company registered at C / Cartagena 275, 6º 1ª, 08025 Barcelona, Spain and also registered with the Companies Registry of Barcelona with CIF B-66869074 (hereinafter, the "Company" or "Three Screws").

    The Company owns and operates the website www.rubensanchezdancewear.com (hereinafter, the "Website").

    Article 2 – General Terms 

    The present general terms (hereinafter the "Terms of agreement") of the Company apply to the sales made by Three Screws of products offered displayed on the Website.

    These Terms of agreement are the only applicable terms to the exclusion of any others. The parties may provide specific conditions that will be attached and will prevail in those present.

    The validation of the order of a product implies the express and full acceptance of all the present Terms of agreement.

    These Terms of agreement are accessible at all times on the Website and will prevail, if applicable, on any other contradictory version.

    The buyer guarantees the accuracy of the information provided to the Company through the Website or through other means.

    Article 3 - Products

    3.1 General Terms

    The products are the set of goods put up for sale by the Company on the Website.

    The products put on sale by the Company are in accordance with the Spanish legislation in force and the rules applicable in Spain.

    Photographs of the products do not constitute a contractual document. Each product is manufactured by hand and there are, therefore, two identical models.

    3.2 Customization of Products

    The buyer may ask Three Screws to have the product customized.

    Three Screws reserves the right to refuse any customization of products Three Screws considers to be illegitimate or inappropriate.

    Any customization that refers principally but not exclusively to the following is considered to be illegitimate or inappropriate:

    •  a trademark, work or any right that is owned by a third party or which the purchaser is not authorized to use;

    •  any dishonourable, insulting, degrading, aggressive or threatening content;

    •  any content that is illegal, defamatory, discriminatory and, especially, any content that condones crimes against humanity or incites racial hatred;

    •  any pornographic content;

    •  any false or inaccurate claim;

    •  any content that violates respect for privacy.

    The legitimate or appropriate character of the customization constitutes an essential element of the contract of sale between Three Screws and the buyer.

    In case of rejection of the order, based on this article, Three Screws undertakes to inform the buyer as soon as possible.

    3.2 Copyright and intellectual property rights related to product customization

    By making an order for custom products, the buyer declares that the customization is his work.

    If this customization is not your work, the buyer warrants that, through the execution of the order, they are expressly authorized to use the work in this operation.

    In any case, the buyer is solely responsible for any controversy or damage linked to the fraudulent use of a work, any possible violation of copyright, the person or rights of third parties.

    Article 4 - Order

    To place an order, the buyer should visit the Website, choose the item they want and click on "Buy now". After this operation they will access the characteristics of the product and they will choose the different options that are offered with respect to it (materials, size, etc.).

    A summary of the order will appear on the screen and the buyer will be able to visualize the details of their order as well as the price.

    Then, the buyer should validate their order indicating their data and proceeding to payment.

    In order to proceed with the order, the buyer should tick the box "I have read and accept the terms of agreement", therefore expressly and fully accepting the integrity of these Terms and Conditions.

    The order will be final once the corresponding total price has been paid. 

    Three Screws will confirm the customer's order by sending an email.

    The payment of the purchase(s) should be made via PayPal or credit card. The credit cards accepted today are: Visa, MasterCard.

    Article 5 - Price

    The price of our products on the Website is marked in euros, including taxes, not including management and shipping costs. This amount will be invoiced separately and will be shown before final validation of the order.

    The buyer is solely responsible for payment of customs charges that may apply to the purchase of products made.

    Article 6 - Delivery

    6.1 - Order processing

    The buyer may request the issuance of an invoice for the products purchased.

    The products will be delivered to the address indicated in the order process.

    However, if the product is not available after placing the order, the Company will inform the customer by email.

    The order will be automatically cancelled and the customer will be refunded the amount paid within a maximum period of 30 days from the payment made.

    6.2 - Conditioning of the order

    Orders are dispatched in a package to guarantee their condition during transport.

    All orders are dispatched with a delivery note in the order.

    6.3 - Delivery address and deadlines

    The products will be sent to the delivery address that the buyer has indicated during the ordering process.

    Delivery will be made by the carrier designating by Three Screws. The package will be delivered to the buyer under the usual conditions of delivery practiced by the carrier.

    It takes between 10 and 12 weeks to manufacture the products. The delivery times of the products will, therefore, be between 12 and 14 weeks depending on the destination of the same.

    Three Screws agrees to make its best efforts to deliver the items ordered by the buyer within the aforementioned deadlines. However, these deadlines are suggested as an indication and a possible overrun will not lead to any claim for damages, withholding or cancellation of the order by the buyer.

    However, if the ordered products have not been delivered within 7 days after the delivery date, for any reasons other than force majeure, the sale may be cancelled as per the buyer’s request and the amount paid by the buyer will be cancelled. Refunds will be made as soon as possible, within a maximum period of 30 days. 

    Pursuant to Article 1105 of the Spanish Civil Code, Three Screw cannot be held liable or be considered to have committed a fault during the execution or processing of its file if the delay or failure to execute is due to force majeure.

    6.4 - Receipt of delivery

    The buyer is responsible for verifying the status of the products delivered upon receipt. If it verifies the nonconformity or an apparent vice in them, the buyer can refuse to sign the delivery note and return the package to the carrier.

    In case of confirmed non-conformity of the product, return costs will be borne by Three Screw. On the other hand, Three Screw will replace in the shortest possible time and assuming the expenses, the products delivered whose apparent defects or defects of conformity were duly proven by the Buyer.

    Article 7 - Availability of products

    In case of a possible total or partial unavailability of the contracted product once the order has been processed, the buyer will be informed by email of the delivery of a partial order or the cancellation of their order.

    In that case, in accordance with the provisions of Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users, the buyer will be informed of this lack of availability and may then choose:

    -  Or that a quality product and price equivalent is delivered, within the limit of stock available;

    -  Or that the price of the product is refunded to him within 30 days after the order.

    The cost of delivering a new product or service will be borne by Three Screw in this case.

    Article 8 - Right of withdrawal

    In accordance with the provisions of articles 102 and following of the Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users, the buyer has a term of fourteen (14) calendar days from the delivery of the products to terminate the agreement or to return the products to Three Screws to be subject to a change or refund, provided that the products are returned in their original packaging and in perfect condition. The buyer will not incur any penalty or expense, including those corresponding to the return of the property.

    The change, to the extent that the product is available, will be made as soon as possible after receipt by Three Screws of the purchased products.

    The buyer must specify the following:

    •  Order number;

    •  Fullname, address and telephone number;

    •  The reference of the item(s) you wish to return to Three Screws.

    The refund to the buyer will be made by any means of payment within fourteen (14) calendar days from the receipt by Three Screws of the request for the exercise of the right of withdrawal by the buyer, provided that the product has been returned to Three Screws.

    Some products, defined in article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of consumers and users and other complementary laws, cannot be object of withdrawal by the buyer.

    Thus, the buyer does not have the power to withdraw in buying custom products according to your specifications.

    Article 9 - Responsibility of Three Screws - Guarantee

    9.1 - General

    The products supplied by Three Screw benefit from a legal guarantee of conformity. The materials used in the manufacture of the same do not incur allergies.

    It is specified that the products should only be used on surfaces adapted to them, such as scenarios with wooden floors, dance studios or recording studios. It is not advisable to use the products on public roads, stoneware, tile or metallic floors, or to go up and down stairs or ramps. On the other hand, it is essential to regularly check all the screws and adjust them with the help of a suitable screwdriver.

    Any warranty in case of misuse, negligence or defective use by the buyer, as well as in case of normal wear and tear, accident or force majeure is excluded. The Three Screws warranty is limited to replacing, repairing or reimbursing nonconforming or affected products of a defect.

    9.2 - On the legal guarantee of conformity

    Three Screw commits to deliver a good according to the agreement. In this sense, Three Screw undertakes to respond to defects of conformity existing at the time of dispatch of the good as well as defects in packaging.

    In accordance with article 123 of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users, Zippo will respond to any lack of conformity that is manifested in a Two years from the delivery of the product.

    In case of defect of conformity, the buyer can request, without expenses:

    -  either the replacement, within the limit of available stocks; in which case documentary justification of the delivery of the product will be delivered to the buyer, stating the delivery date and lack of conformity that originates the exercise of the right;

    -  either receive an equivalent product, within the limit of available stocks;

    -  refund of the price.

    9.3 - Regarding the guarantee of hidden defects

    According to Article 1484 of the Spanish Civil Code, Three Screws is bound by the guarantee due to the hidden defects of the thing sold that make it unfit for the intended use, or that decrease its use so much that the buyer themselves would not have acquired it, or would have bought it at a lower price, if they had been aware of such defects.

    Article 10 - Protection of Personal Data

    For the processing of orders, Three Screws must access personal data. Therefore, as the person in charge of processing such data, the Company must comply with Law 15/1999 of 13 December on the Protection of Personal Data and Royal Decree 1720/2007 of 21 December, which approves the Regulation of development of the Organic Law 15/1999 and any other applicable legislation.

    Three Screws will therefore be responsible for any infringements that may occur in the event that it assigns the personal data to another purpose, communicates them to a third party, or generally uses them irregularly, as well as when it does not adopt the measures corresponding to the storage and custody of the same.

    For the purposes of article 12 of Law 15/1999, Three Screws will only treat personal data to which it has access according to the instructions of the customer and will not apply or use it for a purpose other than the object of the contract, nor it will communicate, even for its conservation, to other people.

     

    The buyer is informed that they can exercise their rights of access, rectification and cancellation of their personal data by going directly to Three Screws through the following address: info@rubensanchezdancewear.com.

     

    Article 11 - Intellectual Property Law

    All elements present on the Website themselves are protected by copyright, trademark law, designs and models and / or any other intellectual or industrial property right. These elements belong to Three Screws and / or Rubén José Sánchez García.

    All or the full reproduction of the Website is strictly prohibited, under penalty of constituting a crime of falsification of copyright and / or designs and / or trademarks.

     

    Article 12 - Partial nullity

    If one or more of the stipulations of the present Terms of agreement are considered invalid or declared as such:

    If one or more of the provisions of these Terms of agreement are held invalid or declared as such under a law, a regulation or after a final decision by a competent jurisdiction, the other provisions will maintain their full force and scope. 

    The fact for one of the parties not to enforce a breach of the other part of any of the obligations included in these Terms of agreement cannot be interpreted in the future as a waiver of the obligation in question.

    Article 13 - Applicable duties - Language

    By expressed agreement between the parties, these Terms of agreement are governed and are subject to Spanish law.

    These Terms of agreement are written in Spanish and other languages. In case of discrepancy between two versions, the Spanish version will prevail. 

    Article 14 - Litigation

    In the event of litigation, the purchaser will address Priority to Three Screws for a friendly settlement.

    In its absence, the Spanish courts will be competent.

    Article 15 - Acceptance by the buyer

    The fact of making an order through the Website implies the adhesion and full and complete acceptance of these Terms of agreement, which is expressly acknowledged by the buyer, who especially waives the use of any contradictory document, which will be unavailable to Three Screws.  

    RSDW is not available for wrong size ordering. No change, refund and/or exchange will be made for wrong size ordering

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