These are the Terms & Conditions for the use of the e-shop cinemaset.com provided to customers by the company Highlights Digital Agency, S.L. registered in Spain (Barcelona) with number B65569691, and with registered address Calle Aribau 191-193, 3-2, 08021 Barcelona, Spain. For further information in this respect of the present General Conditions of Sale, you can contact HDA by e-mail at email@example.com
The present Terms and Conditions shall expressly govern the relations between Highlights Digital Agency, S.L. ("HDA")registered in Spain (Barcelona) with number B65569691, and with registered address Calle Aribau 191-193, 3-2, 08021 Barcelona, Spain (hereinafter, HDA) and third parties (hereinafter, "Customers") which visit the cinemaset.com, register as users and/or acquire products form cinema set.com, hereinafter, the e-shop.
The Customer undertakes, in general, to use the e-shop and to acquire the Products, and to use any of the services of the e-shop in an adequate and responsible manner, in accordance with the law, moral standards, public order and the provisions of the present Terms and Conditions, abstaining from using them in any manner which may prevent, damage or deteriorate the normal functioning and enjoyment of the e-shop by other users or which may harm or cause damage to the goods and rights of HDA, its suppliers, Customers or, in general, of any third party.
HDA reserves the right to decide, at any given moment, the Products that shall be offered to the Customers through the Store. In particular, HDA may, at any time, add new Products to those offered or included in the Store, it being understood that, unless otherwise provided, these new Products shall be governed by the provisions of the present Terms and Conditions. Likewise, HDA reserves the right to cease to provide or facilitate access, at any time and without prior notice, to any of the Products which are offered in the e-shop. The Products included in the e-shop shall correspond to the Products actually offered as reliably as possible in accordance with website display technology. The characteristics of the Products and their prices are detailed in the product information posted in the e-shop. Consequently, the colours and shades presented may vary depending on the monitor on which they are displayed and do not represent a contract at the time of purchase. The photographs which appear in the store are for guidance. Likewise, it may occur that for certain manufactured products, the measurements indicated vary by the tolerance of manufacturing. HDA does not accept liability for the consequences of the discrepancies which occur due to differences in the colours or/and the measurements which come from these tolerances.
The final prices indicated in the e-shop are in the currency selected by the Customer and include VAT, in addition to transport, when specified for specify shipping destinations. For other destinations, the e-shop specifies the additional cost for transportation to the delivery address entered by the Customer during the Checkout process, or will specify to the Customer how to collect the order or obtain a quote for bespoke shipping at conditions that are provided in a separate treaty with the Customer. HDA reserves the right to modify the prices of the products offered in the e-shop at any time, but the products shall be delivered to the Customer on the basis of the price lists in force at the time when the order is recorded subject to availability on that date. For sales of discounted products, the prices only apply as long as indicated on the e-shop, or until the stocks of the product offered have been exhausted.
HDA maintains ownership of the goods sold until the effective full payment of the order is made. Failure to pay any of the parts may result in non delivery of the products. These provisions do not constitute an obstacle for the transfer to the Customer, starting from the delivery, of the risks of loss and deterioration of the acquired products, and of the damage that they could cause.
HDA shall accept the orders after verification of availability in its stocks and in the stocks of its manufacturers and suppliers. If a product appears as unavailable in the e-shop, this means that it is temporarily out of stock but it is possible that it will become available shortly. If Customers place that product in his wish list, they will receive an e-mail from HDA when it becomes available again. Should a product not be available after confirming the order and after concluding the corresponding sale, Beriestain shall inform the Customer by e-mail about the partial delivery of their order or its cancellation. In this case, HDA shall refund the Client with the amount corresponding to the unavailable products and that is already paid in the form of refund on the same account as the bank account used by the Customer to pay that amount.
In order to make the payment of the Products when ordering from the e-shop, the Customer is offered to use PayPal Payment from their secured platform. The Customer may choose to make the payment using their PayPal account or their debit or credit card, in a fast and secure manner without sharing financial information with HDA. For card payment methods, the Customer’s order shall not be validated until actual receipt of payment in the bank account of HDA. If the payment is not authorized, the Customer’s order shall not be accepted.
The delivery times shall vary in accordance with the product, the place of dispatch and the delivery address. The delivery times are estimated from information provided by the shipping company used by HDA and shall start to count from confirmation of dispatch to the Customer by HDA. The orders with a delivery or order completion date during holiday periods may suffer from delays due to vacation of some of HDA's suppliers. In the event of unexpected delays over a month from date of confirmation of order, HDA will inform the Customer by email. Possibility of delivery of the Products offered in the e-shop to the address of the Customer is confirmed during the checkout process, and under the transport conditions indicated in the e-shop. HDA shall not deliver any product to PO Boxes. The price for the product may include transport and home delivery for the shipping address of the Customer, which will then by specified during checkout process. For shipments outside European Community, United States and Canada, HDA will either provide a bespoke shipping solution to the Customer or allow collection from the place of dispatch. The transport company shall make the deliveries from Monday to Friday, morning or afternoon, having previously agreed the time with the Customer. Should the time offered by the transport agency not be convenient for the Customer, they may modify or reject it, agreeing on another day. This could delay the delivery of the goods slightly. The Customer undertakes to be in the place of delivery on the day agreed for the delivery with the haulier and to verify the correctness of the order and the perfect condition of the goods at the time of receipt. The Customer is responsible for checking that the dimensions of the article shall not represent a problem of accessibility to their home, paying special attention to doors, corridors, lifts, stairs, landings, etc. The transport service is not authorized to raise or lower any article on the outside of the building, or to use pulleys or similar mechanisms. The additional costs arising from the hire of cranes, in the event of being necessary, shall be for the exclusive account of the Customer. Should it not be possible to carry out the delivery on the day foreseen due to difficulties of access or of passage not previously indicated by the Customer or to their absence on the delivery day agreed with the haulier, the transport company shall invoice the Customer directly for the additional delivery expenses. Any cost generated due to the impossibility to deliver or a delay in the delivery because of wrong, imprecise or confusing details provided by the Customer shall be for their exclusive account. For reasons of HDA logistics, the same order may have partial shipments with different delivery dates. The Customer shall be informed at all times. The goods are covered at all times against transport, loss and handling risks. In the event of a claim concerning possible defects or deterioration marks on the products (fault, missing product in relation to the delivery note, damaged packaging, broken products, etc.), the Customer must indicate the anomalies on the haulier’s delivery note and notify them to the e-mail address firstname.lastname@example.org within a period of two days from the date of delivery. Photos must be attached to the e-mail, showing the packaging and/or product deterioration from different angles. An acknowledgement of receipt will be sent, giving precise instructions on the process to follow. It is essential to keep this acknowledgement as proof of receipt. Except in the case of hidden defects, no claims shall be accepted after the receipt of the product by the Customer, if the latter has not followed the procedure detailed above. The Customer must never throw away the packing of the products until they have checked that they are in perfect condition and verified that all the products are the same as those ordered.
Pursuant to the provisions of Article 44 of the Spanish Retail Trade Act, the Customer has 14 working days to notify the return of a product to HDA simply due to withdraw, starting from the day following the day of receipt of the full order, that is to say the day that follows the day of the last delivery if the order was delivered in several shipments. The product is composed of the complete order, and must be returned in perfect condition, unassembled, in its original packing. The Customer may exercise their right of withdrawal notifying the return to email@example.com. HDA shall contact the Customer to indicate the steps to be followed for the return. The Customer must return the product within a maximum period of 30 days from their notification of withdrawal, for their account, using the means that they consider to be convenient. The product must be sent together with the original shipping documents. Returns shall not be accepted outside the above-mentioned period. The complete amount shall not be refunded for any product which has been damaged by the Customer or whose original packing has deteriorated in a manner which goes beyond its simple opening. In this case, a partial refund shall be made, in accordance with the scale of the damage. Bespoke products manufactured at Customer's request do not benefit the cancellation right.
Pursuant to the provisions of Law 23/2003, of 10 July, on Warranties for the Sale of Consumer Goods, all new articles subject to this contract are, in general, guaranteed against any manufacturing defect or non-conformity with the quality specified in the contract, for a period of two years starting from the date of receipt of each of them, the Customer’s right to the repair of the article to which the contract refers being recognized, in addition to its replacement, to a reduction in the price and to the termination of the contract, the repair and replacement of the article, if appropriate, being free of charge for the consumer. The Customer must notify the defect or non-conformity within the deadline to firstname.lastname@example.org. Claims must be supported with photos of the defects. The warranty does not cover damages caused by negligence, knocks, inappropriate use or handling or incorrect installation, or materials subject to wear and tear from normal use. Vintage products are sold as it, whose imperfection shall be indicated in the conditions report provided by HDA at Customer's request, and do not give an entitlement to a claim against the warranty for the imperfection. Except as concerns this anomaly, the Customer maintains the rest of their rights and obligations as if it were a new product. For those incidents which justify use of the warranty, the article shall be repaired or replaced, a rebate shall be offered or the product under guarantee shall be returned, under the legally established terms. In the event of a return, HDA may forego recovery of the product. The warranty shall lose its value if any of its details or those of the proof of purchase are modified, altered or replaced.
HDA shall proceed to refund the product returned by the Customer, whether on exercising the warranty or their right of withdrawal, by means of a reverse operation for the payment made, in accordance with the payment method used by the Customer, within 30 days of notice of return subject to receipt of the returned products, or within days after having verified the return when received by HDA later than 30 days after notice of return.
The Customer recognizes that all the elements of the e-shop, the information and materials contained therein, the marks, the structure, selection, arrangement and presentation of their contents, and the computer programs used in relation to them, are protected by intellectual and industrial property rights of HDA, or of third parties, and that the General Conditions do not grant them any right other than those specifically included therein in relation to these industrial and intellectual property rights. Unless authorized by HDA, or if appropriate by the third parties holding the corresponding rights, or unless it is legally permitted, the Customer may not reproduce, transform, modify, dismantle, perform reverse engineering, distribute, rent, lend, make available, or allow public access by any public communication means to any of the elements mentioned in the previous paragraph. The Customer must use the materials, elements and information that they access on using the e-shop solely for their own needs, undertaking not to carry out, either directly or indirectly, a commercial exploitation of the materials, elements and information obtained using them.
In fulfilment of Law 15/99 LOPD, HDA hereby inform the Customers that personal details and other information provided on the registration form, in addition to that provided in the transactions carried out, shall be included and maintained in a file for processing, owned by HDA, until its cancellation is requested or maximum period of record provided by regulation is reached. The purpose of the processing shall be to carry out and execute the sale, personalized service for the products and services that the Customers have acquire and an improvement of this service, in addition to the promotion of HDA products and services. Customers are likewise informed that their details shall not be made available to other companies for any other purpose than processing services for HDA. HDA shall process these details with the greatest confidentiality, being their sole and exclusive recipient, and not making assignments or communications to third parties outside those indicated by the regulations in force.
The Customer may exercise at any time the rights of access, rectification, opposition or cancellation, by writing to HDA, or by e-mail sent to email@example.com with proof of identity and ownership of the registered account with HDA.
HDA shall facilitate the use of personal passwords by the Customer who registers as such on the website. These passwords shall be used to access the services provided by means of the website. The Customer must maintain the passwords in the strictest and most absolute confidentiality under their exclusive responsibility, therefore accepting whatever damage or consequences of any kind arise from a breach or disclosure of confidential information. For reasons of security, the password for electronic access to the services linked to the e-shop may be modified at any time by the Customer. The Customer undertakes to notify HDA immediately about any unauthorized use of their password, in addition to access by unauthorized third parties to the same.
Highlights Digital Agency, S.L., hereinafter HDA, offers access to the e-shop cinemaset.com under the conditions of use described below:
Customers: Access to the e-shop cinemaset.com grants the person making this access the status of Customer and indicates the Customer’s full acceptance without reservations of each and every one of these conditions of use, without prejudice to the specific conditions that it is necessary to apply if the Customer wishes to contract any of the products and services offered to them. The e-shop cinemaset.com offers the Customer varied information provided by HDA through the e-shop, free of charge. Notwithstanding this, the purchase of products through the e-shop requires the Customer to fill in a registration form. The data required to fill in the registration form are provided freely and voluntarily, so the data must be true and accurate. The Customer shall be solely responsible for any consequences arising from filling in the forms with false, inaccurate, incomplete or out-of-date details.
Contents and adequate use: The Customer likewise undertakes to make good use of the contents and services of cinemaset.com, which may never be used for illegal activities, or activities which may be contrary to public order, national defence or public health.
Links: cinemaset.com may provide links to other contents which are owned by third parties. The sole objective of the links is to provide the Customer with the possibility of supplementing the information by means of these links. Under no circumstance does HDA accept responsibility for the results which may arise for the Customer from following these links.
Limit of warranty and liabilities: Access to and use of cinemaset.com is carried out under the sole and exclusive liability of the Customer. HDA does not guarantee or accept liability for the damages of any kind arising from the lack of continued operation of cinemaset.com, or the incorrect operation of the e-shop, or the lack of usefulness, suitability or validity of the services and contents offered on cinemaset.com as regards the Customer’s results and expectations, or the existence of viruses or programs in the Customer’s computer or the presence of viruses in the services provided by third parties through cinemaset.com.
The present Terms and Conditions are governed by Spanish law, and in the event of discrepancies with any translation, the text of the Spanish version which is available to Customers under simple request prevails and shall be considered to be correct. Should the Customer have their domicile outside Spain, Highlights Digital Agency, S.L. and the Customer, with express waiver of any other jurisdiction to which they may be entitled, shall abide by the jurisdiction of the Courts and Tribunals of Barcelona.