GENERAL CONDITIONS OF RECRUITMENT

The webpage www.posturopa.com aims to design, produce and trade fashion articles, especially clothes, as well as all kinds of accessories.

These general conditions of recruitment are intended to regulate the use of the selling services for online products by POSTUROPA SL, hereinafter the SELLER, through its own website www.posturopa.com, by establishing the regulation of the services provided, the prices and payment methods, the cancellation and return policies and the customer service.

In compliance with the article 10 of the Information Society and E-commerce services (Law 34/2002), users shall be informed that the SELLER’s address is en C/ Gall nº1, 2º 4ª,, 08950 Esplugues de Llobregat, that its CIF number is B66896440 and that its contact email isinfo@posturopa.com.

The users who finally decide to purchase a product via www.posturopa.com shall be considered a CUSTOMER.

 

Applicable regulation

-               Spanish Royal Decree 1/07, of 16th November 2013, in which the text of the General Law for the Protection of Consumers and Users is approved (modified by the Law 3/14, of 28th March 2014).

-               Spanish Law 7/98, of 13th April, on General Conditions of Recruitment.

-               Spanish Law 7/96, of 15th January, on Retail Commerce Regulations.

-               Spanish E-commerce Directive (Directive 2000/31/CE, of 8th June 2000).

-               Spanish Law 34/2002, of 11th July, on Information Society and E-commerce Services.

-               Civil Code.

-               Spanish Organic Law on the Protection of Personal Data (LO5/99, of 13th December) and Spanish Royal Decree 1720/2007, of 21st December.

-               Spanish Organic Law 1/1982, of 5th may, on Civil Protection of the Right to Honor, Personal and Family Intimacy and Image.

-               Spanish Law on Intellectual Property (Legislative Royal Decree 1/1996, of 12th April, modified by the Spanish law 21/2014, of 4th November).

 

1.         Object

These general conditions regulate the contractual relationships between the SELLER and the CUSTOMER of the website www.posturopa.com. Surfing the aforementioned website constitutes the acceptance the terms of use[1] on the part of CUSTOMER. Likewise, the use of the services that the SELLER offers to the USERS and/or CUSTOMERS through the website shall constitute the acceptance of all the provisions included in the general conditions of recruitment. 

The SELLER reserves the right to make any appropriate changes and modifications in the website for its functionality.

The SELLER reserves the right to make any appropriate modifications in these general terms of use. These modifications shall be applied in all the purchase orders made after their publication.

 

2.         Recruitment conditions

To make an order, it shall not be necessary that the CUSTOMER is registered in the website. In that case, when placing the order, the CUSTOMER shall introduce his/her data in the billing and shipping forms.

The SELLER supplies all its products through courier companies to the shipping address given by the CUSTOMER in all the European Union.

The ordering process through the website www.posturopa.com includes the following steps:

  • Selecting the products and choosing the different options of design, sizes or materials.
  • Depending on the product, to personalize it by uploading images from the CUSTOMER or his/her Facebook, Instagram or Google accounts
  • Adding the product in the chart and starting the order process after validation.

The CUSTOMER guarantees the veracity of the data provided to the SELLER in the forms, and shall be responsible of communicating any kind of modification.

 

3.         Prices and payment methods

The prices that appear in the website of the SELLER, unless expressly stated otherwise, include VAT.

The SELLER may review and modify unilaterally the prices that appear in the catalogue. The SELLER shall try, at all times, to update the prices, and any change shall be communicated through the website www.posturopa.com. In any case, before completing the purchase process, the CUSTOMER will be informed of the final price of the product, which shall prevail between the parties.

The CUSTOMER shall pay the orders by means of a bank card (debit or credit) or via PayPal.

Once the payment is made, the bill will be automatically generated and will be sent to the email address indicated by the CUSTOMER when placing the order.

 

4.         Use of promotional coupons

If the CUSTOMER has a promotional coupon or a discount coupon, the CUSTOMER will have to introduce the code at the end of the order process, just before the payment process.

Once the code is introduced, the CUSTOMER shall review the final price in order to confirm that the discount has been correctly applied before paying. The SELLER shall not be responsible in case the promotional coupons do not work as expected.

 

5.         Shipping costs

The shipping costs shall be accepted when placing the order and shall be applied as follows:

-               Standard shipping: Mainland Spain, 2-5 working days: 5€ and Ceuta, Melilla, Canary Islands and Balearic Islands, 5-7 working days: 7€

-               Standard shipping, to countries of the European Union, 7-10 working days: 15€

The shipping will be free of charge if the purchase exceeds 150€, or if it exceeds the prices specified in every offer.

 

6.         Delivery time and transport

The delivery time of the orders for mainland Spain shall be of 2-5 working days, once the order is received; and of 5-7 working days for the orders for Ceuta, Melilla, Canary Islands and Balearic Island.

In case the order is sent to any country of the European Union, the delivery time shall be of 7-10 working days.

Free shipping will depend on the place or country where it is shipped.

In case that the delivery time could not be accomplished because of out-of-stock, the SELLER shall provide a new delivery time and shall inform the CUSTOMER. In case the CUSTOMER disagrees, the sale could be resolved and the payment shall be reimbursed by the same paying method.

The delay in the delivery shall not imply any right to compensation for the CUSTOMER.

 

7.         Place and method of delivery

The order will be sent to the address indicated by the CUSTOMER in the billing form and in the shipping form.

The modification of the delivery address should be made as soon as possible by means of an email to info@posturopa.com, or calling to (+34) 937 822 145, and this decision could imply the modification of the shipping costs, when applicable. If the modification is not made before sending the products, they shall be sent to the wrong address, but the SELLER shall be relieved of any responsibility. 

The delivery is made by means of a courier company.

If, in the moment of the delivery, the customer was absent and the order could not been delivered to a third person, the courier company shall proceed as it is set in its action protocol.

 

8.         Product returns

8.1. Return policies

In the event that the CUSTOMER is not satisfied with the purchase, he/she could proceed to its return.

In case of return, the CUSTOMER shall formally inform the SELLER by means of an email to devoluciones@posturopa.com, explaining the incident. POSTUROPA shall verify the circumstances alleged by the CUSTOMER and shall inform him/her whether it accepts the return or not.

The products returned shall keep, when possible, the original packaging and labeling, and shall be properly protected to return them.

In case of acceptance of the return, POSTUROCA shall indicate the return procedure and shall reimburse the payment of the order by means of a voucher.

The customer shall pay the shipping costs of the return, as it is established in the clauses of these conditions of recruitment.

 

8.2. Right of withdrawal

Within 14 calendar days from the reception of the order, the CUSTOMER can exercise his/her right of withdrawal, as provided for in article 102 of the Spanish Royal Decree 1/2007, of 16th November, which approves the text of the Spanish General Law for the Protection of Consumers and Users, modified by the Spanish Law 3/2014, of 27th March.

The right of withdrawal shall not apply to products of POSTUROPA SL, which have been personalized because these are goods made to the consumer and user’s specifications and are clearly personalized (art. 103.c) of the Spanish General Law for the Protection of Consumers and Users. These products are described as “personalized product”.

In case of return because of withdrawal, the CUSTOMER shall pay the shipping and transport costs of the return.

 

9.         Guarantee

The SELLER guarantees the good condition of its products. In the event that there were problems related with their conditions, the CUSTOMER shall inform the SELLER by means of an email to info@posturopa.com or calling (+34) 937 822 145.

 

10.    Privacy and data protection

We inform you that, in accordance with the Spanish Organic Law 15/1999, of 13th December, on Personal Data Protection and the Spanish Royal Decree 1720/2007, of 21st December, which approves the Regulations, the user’s data gathered by means of any form from the website, of the email address provided or received by WhatsApp or telephone call, including photographs, are included in a file which is properly registered in the Spanish Data Protection Agency.

The aim of this file shall be directly related with the business activity. The SELLER has taken all measures provided in the aforementioned law to guarantee the confidentiality and security of the CUSTOMER’s data.

The CUSTOMER may exercise the right to access, correct, cancel and object by sending an email to the address info@posturopa.com, with the subject LOPD.

The CUSTOMER declares that has authorization or has previously informed the third parties whose personal data or images are provided by means of the contract forms from the website www.posturopa.com.

Likewise, the CUSTOMER explicitly authorizes the treatment of his/her personal data to any person in charge of the data treatment and who provide the SELLER the services of web hosting and database, or any other kind of service that is necessary to the development of the hired products.

 

11.    Intellectual and industrial property

The contents of this site are protected by copyright. The images, brands, products, references, logos, texts, source code, etc., of the product catalogue are subject to intellectual or industrial rights, of its own of third parties, that the SELLER has obtained the authorization or license for their use.

The access or use of the website may not imply the granting or concession of licenses related to the intellectual or industrial property and shall not confer right or expectation of right. No alteration, exploitation, reproduction, distribution or public communication of the rights contained in the site shall be allowed without the previous authorization of the right holders.

The CUSTOMER declares that the contents, images or any distinctive sign included in the design of the products hired, are of its property or has all the relevant permissions and licenses, exonerating the SELLER of any responsibility.

 

12.    Limitation of responsibility

The SELLER assumes no responsibility for the ownership of the photographic contents provided by the CUSTOMER, for the personal data that could appear in the images provided by the CUSTOMER, because the CUSTOMER is the only responsible.

 

13.   Customer service

The user may ask any question related to the service offered by the SELLER by means of an email to info@posturopa.com or calling the pone (34) 931 420 090.

 

14.    Jurisdiction and competence

In the event of any conflict or any divergence in the interpretation or application of these general terms of use, both parties expressively waive any other jurisdiction that may correspond to them and submit to the courts and tribunals of Esplugues de Llobregat.


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