Introduction
This contractual document will govern the General Terms and Conditions for the purchase of products or services (hereinafter, "Conditions") through the website. maskdisfraces.com, owned by THE KING OF THE CARNIVAL S.L., hereinafter, SERVICE PROVIDER, whose contact information is also provided in the Legal Notice of this Website.
These Terms may be modified at any time. It is the USER's responsibility to read them periodically, as those that are in force at the time of placing orders will be applicable.
Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understood, and comprehended what is stated here.
- He/she is a person with sufficient capacity to enter into a contract.
- Assume all the obligations set forth here.
These conditions will have an indefinite validity period and will apply to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible and is aware of the current legislation of the countries to which the products are sent, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On one hand, the PROVIDER of the products or services hired by the USER is THE KING OF CARNIVAL. S.L., with registered address at INDUSTRIAL ESTATE CENTROVIA, BUENOS AIRES STREET, 77 - 50198 LA MUELA (Zaragoza) (Zaragoza), VAT number B99016537 and customer/user service phone number 647541417.
And on the other hand, the USER, registered on the website through a username and password, for which they have full responsibility for use and custody, and are responsible for the accuracy of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of sale that arises between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online hiring process.
The contractual relationship of a purchase agreement involves the delivery, in exchange for a specified price publicly displayed on the website, of a specific product or service.
Hiring process
In order to access the products or services offered by the PROVIDER, the USER must be of legal age and register through the website by creating a user account. Therefore, the USER must provide their personal data freely and voluntarily, which will be processed in accordance with Regulation (EU) 2016/679 of April 27, 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of December 5 (LOPDGDD) on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, committing to using them diligently and not sharing them with third parties. They also agree to promptly inform the PROVIDER in case of loss, theft, or potential unauthorized access by a third party, so that immediate blocking can be carried out.
Once the user account has been created, it is reported that in accordance with what is required by Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Order shipment.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Competition.
7. General overview of the offer.
8. Price and validity period of the offer.
9. Transportation expenses.
10. Payment method, expenses, and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTUAL CLAUSES
Unless there is a specific written agreement, placing an order with the PROVIDER will imply the USER's acceptance of these legal terms. No provision made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
2. ORDER SHIPPING
The PROVIDER will not send any order or activate any service until they have verified that the payment has been made.
Shipments of goods will usually be made through EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely chosen by the USER.
Failure to execute the distance contract
The delivery dates or deadlines will be understood as approximate, not constituting a delay in essential non-compliance. In the event that the PROVIDER has not made the delivery of the merchandise, 30 days have elapsed since the agreed delivery date, due to lack of product or service availability, the USER must be informed and will be entitled to cancel the order and receive a full refund without any cost, and without any liability for damages attributable to the PROVIDER.
In case of unjustified delay by the PROVIDER regarding the full refund, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of that amount.
The delivery time is usually between 2 and 5 business days, depending on the destination population and the chosen payment method. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.
The PROVIDER will not assume any responsibility if the delivery of the product or service does not take place because the data provided by the USER is false, inaccurate, or incomplete.
Delivery will be considered completed at the moment the carrier has made the products available to the USER and they, or their delegate, have signed the delivery receipt document.
It is the USER's responsibility to check the products upon receipt and to report any exceptions or claims that may be justified in the delivery receipt document.
In the event that the hiring does not involve the physical delivery of any product, but rather an activation of services that are directly downloaded from the website, the PROVIDER will inform the USER in advance regarding the procedure they must follow to carry out this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and/or claim any possible defects or flaws in the product or service, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receiving the product, to return it (article 71 of Law 3/2014, of March 27). Unless the return is due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition, and in the case of a service, from the same day of activation and/or download of the service.
The right of withdrawal cannot be applied in the following cases:
1. If the product is not in perfect condition.
2. If the product packaging is not original or is not in perfect condition, the original packaging must protect the product in such a way that it is received in perfect condition. The use of seals and adhesive tapes applied directly to the packaging is prohibited.
3. When the product is open and it cannot be proven that it has not been used.
4. In the software applications that are directly downloaded through the portal or unpacked by the USER after physical delivery.
When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in article 103 of Law 3/2014, of March 27th.
6. In the supply of products whose price depends on fluctuations in the financial market that the SERVICE PROVIDER cannot control and that may occur during the withdrawal period.
7. In the supply of products made according to the USER's specifications or clearly personalized.
8. In the supply of products that can deteriorate or expire quickly.
Any returns must be communicated to the PROVIDER, requesting a return number through the form enabled for this, or by email to admon@elreydelcarnaval.net, indicating the corresponding invoice or order number.
Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with transportation costs at their expense, to the address of THE CARNIVAL KING. S.L., INDUSTRIAL ESTATE CENTROVIA, BUENOS AIRES STREET, 77, 50198 LA MUELA (Zaragoza).
4. CLAIMS
Any claim that the USER deems appropriate will be addressed as quickly as possible, and can be made at the following contact addresses:
Postcard: THE KING OF CARNIVAL S.L., INDUSTRIAL PARK CENTROVIA, BUENOS AIRES STREET, 77, 50198 LA MUELA (Zaragoza)
Phone: 976471832
Email: admon@elreydelcarnaval.net
Online Dispute Resolution
According to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online conflict resolution between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not incur liability for any failures due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the force majeure event.
6. COMPETITION
The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.
If any provision of these terms is considered null or impossible to comply with, the validity, legality, and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, understood, and accepted the present Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER will be subject to these Conditions.
No modification, alteration, or agreement contrary to the Commercial Proposal of THE CARNIVAL KING. S.L. Nothing outside of what is stipulated here will have effect, unless there is an express written agreement signed by the PROVIDER, in which case, these specific agreements will prevail.
Given the continuous technical advances and improvements in products, the PROVIDER reserves the right to modify their specifications with respect to the information provided in their advertising, as long as it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping costs, handling, packaging, shipping insurance, or any other additional services related to the purchased product or service.
The prices applicable to each product are those published on the website and will be expressed in the currency EURO. The USER understands that the economic value of some products may vary in real-time.
Before making the purchase, you will be able to check online all the details of the budget: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed.
Once the order is placed, the prices will remain the same regardless of product availability.
Every payment made to the PROVIDER involves the issuance of an invoice in the name of the registered USER or the business name that the USER has provided at the time of placing the order. This invoice will be sent along with the purchased product, as well as in PDF format to the email address provided by the USER.
For any information about the order, the USER can contact the PROVIDER's customer service phone number 976471832 or via email at admon@elreydelcarnaval.net.
9. TRANSPORTATION EXPENSES
Prices do not include shipping or communication costs, nor installation or download, or additional services, unless there is a written agreement stating otherwise.
The shipping costs will be calculated at the time of saving the shopping cart or quote, as they are calculated based on the weight of the products and the delivery address.
The maximum transportation fare applied is as follows:
Peninsula up to 2 Kg: .......... €
Peninsula> 2 Kg up to 10 Kg: .......... €
Peninsula > 10 Kg: .......... €
Outside peninsula up to 2 kg: .......... €
Outside peninsula > 2 Kg up to 10 Kg: .......... €
Outside peninsula > 10 Kg: .......... €
10. PAYMENT METHODS, CHARGES, AND DISCOUNTS
The PROVIDER enables the following payment methods for placing an order:
- Bank transfer: a discount of ...........% will be applied for prompt payment.
- Cash on delivery: a charge of ........... % (minimum 3 €) will be applied as a collection commission fee. Payment will not be accepted if it exceeds ........... €.
- Credit card: no discounts or charges will be applied. Payment with card will not be accepted if it exceeds ........... €.
Security measures
The website uses generally accepted information security techniques in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized data access. In order to achieve these goals, the user/client agrees that the provider may obtain data for the purpose of corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant or Cardholder.
11. PURCHASING PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the shopping cart. In the cart, you will only see the items, quantity, price, and total amount. Once the cart is saved, taxes, charges, and discounts will be calculated based on the payment and shipping information entered.
The baskets do not have any administrative connection, they are just a section where you can simulate a budget without any commitment from either party.
From the shopping cart, you can place an order by following the following steps for its proper completion:
1. - Verification of billing data.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Place the order (purchase).
Once the order has been processed, the system instantly sends an email to the provider's management department and another one to the user's email confirming the order placement.
Orders (purchase requests)
Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the status of the order and the estimated shipping and/or delivery date.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description. They all come with a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
13. WARRANTIES AND RETURNS
The warranty of the products offered will comply with the following articles based on Law 23/2003, of July 10, on Consumer Goods Sales Guarantees:
I) Conformity of the products with the contract
1. Unless proven otherwise, it shall be understood that the products are in conformity with the contract as long as they meet all the requirements listed below, except where, due to the circumstances of the case, one of them does not apply.
a) Meet the description and qualities displayed by THE KING OF CARNIVAL S.L..
b) Be suitable for the uses to which products of the same type are commonly intended.
c) Be suitable for any special use required by the customer when it has been made known to THE CARNIVAL KING. S.L. at the time of the contract celebration, provided that the buyer has acknowledged that the product is suitable for this use.
d) Present the quality and usual features of a product of the same type that the customer can reasonably expect, taking into account the nature of it and, if applicable, the descriptions of the specific features of the products provided by EL REY DEL CARNAVAL. S.L..
e) THE KING OF CARNIVAL S.L. Describe the details, technical specifications, and photographs of the products provided by their manufacturer, so that the manufacturer is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the sales contract and has been carried out by EL REY DEL CARNAVAL (THE CARNIVAL KING). S.L. or under their own responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. Responsibility for non-conformities that the USER is aware of or could not have ignored at the time of the contract's conclusion, or that originate from materials supplied by the USER, shall not apply.
II) Provider's Responsibility and User's Rights
THE KING OF CARNIVAL S.L. He will respond to the USER for any lack of conformity that exists at the time of delivery of the product. EL REY DEL CARNAVAL S.L. The USER is recognized the right to repair the product, to its replacement, to a price reduction, and to contract termination.
In accordance with Article 6 of the Civil Code, any prior waiver of the USER's rights or acts carried out in fraud will be void.
III) Repair and replacement of the products
1. If the product is not in compliance with the contract, the USER may choose to demand either its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER notifies EL REY DEL CARNAVAL S.L. Once the option has been chosen, both parties must abide by it. The USER's decision is understood without prejudice to the provisions set forth in the following Article IV for cases where repair or replacement fail to bring the product into conformity with the contract.
2. Any form of cleansing that imposes on THE KING OF CARNIVAL will be considered disproportionate. S.L. Costs that, in comparison with the other form of remedy, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity, and if the alternative form of remedy could be carried out without major inconveniences for the USER.
IV) Rules for product repair or replacement
The repair and replacement will adhere to the following rules:
a) They will be free of charge for the USER.
This gratuity will cover the necessary expenses incurred to rectify the non-conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
b) They will be carried out within a reasonable timeframe and without major inconveniences for the user, taking into account the nature of the products and their purpose for the USER.
c) The repair suspends the time calculation referred to in Article VII. The suspension period will start from when the USER makes the product available to EL REY DEL CARNAVAL. S.L. and will conclude with the delivery of the repaired product to the USER. During the six months following the delivery of the repaired product, THE CARNIVAL KING S.L. They will be held responsible for the non-conformities that led to the repair. It is presumed that it is the same non-conformity when the product reproduces defects of the same origin as those initially manifested.
d) The substitution suspends the deadlines referred to in article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of article VII will apply to the substitute product.
e) If after the repair has been completed and the product delivered, it still does not conform to the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or a price reduction, or contract termination in accordance with article V.
f) If the replacement does not bring the product into conformity with the contract, the USER may demand its repair, within the limits established in section 2 of article IV, or a price reduction or contract termination in the terms of articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor when dealing with second-hand products.
V) Price reduction and contract resolution
The price reduction and contract resolution will proceed, at the choice of the USER, when the user cannot demand the repair or replacement of the product, and in cases where these have not been carried out within a reasonable period or without major inconveniences for the USER. Resolution will not apply when the nonconformity is of little importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in conformity with the contract, and the value that the product actually delivered had at the time of delivery.
VII) Deadlines
1. THE KING OF CARNIVAL S.L. It responds to non-conformities that manifest within a period of two years from delivery. In second-hand products, THE KING OF CARNIVAL. S.L. And the USER may agree to a shorter term, which cannot be less than one year from the delivery.
Unless proven otherwise, it will be presumed that non-conformities that manifest within the six months following delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the type of non-conformity.
2. Unless proven otherwise, the delivery is understood to be made on the day indicated on the invoice or purchase receipt, or on the corresponding delivery note if it is later.
3. The action to claim compliance with the provisions of the previous articles becomes time-barred three years after the product is delivered.
4. The USER must inform THE CARNIVAL KING S.L. from the lack of conformity within two months from the date on which they became aware of it.
Unless proven otherwise, it will be understood that the USER's communication has taken place within the established deadline.
VIII) Action against the producer
When it is impossible or excessively burdensome for the USER to contact THE KING OF CARNIVAL S.L. In case of nonconformity of the products with the sales contract, you may directly claim to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the producer's responsibility ceases, in the same deadlines and conditions established for THE CARNIVAL KING. S.L., The producer will be liable for non-conformity when it pertains to the origin, identity, or suitability of the products, according to their nature and purpose and the regulations that govern them.
A producer is understood as the manufacturer of a product or the importer of the product into the territory of the European Union, or any person who presents themselves as such by indicating their name, brand, or other distinctive sign on the product.
Whoever has responded to the USER will have a period of one year to repeat as the party responsible for the nonconformity. This period is calculated from the moment the rectification was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in those aspects that are not expressly established. The SERVICE PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER resides outside of Spain, the PROVIDER and the USER expressly waive any other jurisdiction, submitting to the Courts and Tribunals closest to the town of EL BURGO DE EBRO (Spain).