General Terms and Conditions as to the Ley General de Consumidores y usuarios (LGDCU)
The following General Terms and Conditions are a translation of the Spanish Condiciones Generales. Valid for these General Terms and Conditions is Spanish Law.
The website www.the-cat-design.com is a website owned by Sylvia Lucas (hereinafter: The-Cat-Design), CIF / NIF No.: X3641302B and address
Port Ginesta, Local 222,
E – 08860 Castelldefels (Barcelona
Phone: +4 667 450 273)
The access, reproduction and use of the services of the website requires prior acceptance of the current General Terms and Condition by the user. The-Cat-Design reserves the right to modify these General Terms and Conditions when it seems appropriate and publish the updates version on website. It is the responsibility of the user to know the General Terms and Conditions before accessing the page or contract a service. In case the user does not agree to the General Terms and Condition he refrain from using the services offered on the website of The-Cat-Design.
The webpage The-Cat-Design.com is a project composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, including html codes of the website, etc.), whose Intellectual Property corresponds to The-Cat-Design, except with regard to those materials obtained under license from third parties.
The-Cat-Design and its licensors retain at all times the Intellectual Property on the website and on the different elements that compose it, individually considered, of all copies made (independent of the medium to which they are incorporated), granting on them only the rights of use that are described below. Any right that is not expressly assigned is understood to be reserved.
In addition to the above, The-Cat-Design is responsible for the selection, design of the structure and layout of the contents of the Website, as well as who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitizing and presenting of the same, corresponding, therefore, the protection that Article 12 and Title VIII of Book II of the Intellectual Property Law may grant on the website, considered as a database.
The-Cat-Design is also the sole owner of the graphic design and image of the Web, reserving the pertinent legal actions that may correspond against the persons who perform imitations or unfair uses thereof.
WEB CONTENTS AND DOWNLOADS. PERMITTED AND PROHIBITED USE
• Web browsing, which means, access and display of the same in a device, being authorized any temporary or accessory reproduction, provided that it is not voluntary and forms an integral and essential part of the technology transmission process. Browsing certain sections of the Web requires prior registration.
• Benefit (after registration) of the services and advantages provided by THE-CAT-DESIGN through the website www.the-cat-design.com to its users, under the conditions expressly indicated in the different sections.
It is strictly prohibited:
• Any operations regarding the Web, its contents, downloaded products and copies of all of them that are contrary to the Law, good customs and good faith.
• Any use outside the personal and private sphere, especially those that have commercial or professional purposes, including the sending of advertising or messages and the collection and processing of data from third parties.
• Any type of extraction, public communication and / or transmission, total or partial, by any means, outside the private scope of permitted use and, especially, its incorporation to any other work, including web pages, collections or databases. The publication in media of the materials susceptible to downloading the Press Room section is exempt from this prohibition.
• The removal, concealment or falsification of notices and warnings about the Intellectual or Industrial Property of the Web or any of the products provided through it.
• The operations and activities expressly prohibited in any other sections of these General Terms and Conditions and, in general, any that may prejudice the normal functioning of the Website, to other users or to any third party.
LINKS TO THE WEB WWW.THE-CAT-DESIGN.COM
Establishment of links and hyperlinks from the page www.the-cat-design.com to other pages or websites are allowed, provided that that they do not harm the public and brand image of THE-CAT-DESIGN, the webpage of The-Cat-Design or any of the people and products to which reference is made in it. In the establishment of links to the website www.the-cat-design.com, the use of techniques that imply confusion over the identity and ownership of the contents, such as framing or others, is expressly prohibited.
Is prohibited the establishment of links from websites or pages whose contents promote or advocate, directly or indirectly, any type of violence, discrimination, pornography or illegal activity. Likewise, the establishment of links for commercial purposes is expressly prohibited.
By creating links the use of elements extracted from the web www.the-cat-design.com, without the prior and express consent of THE-CAT-DESIGN is strictly forbidden.
Under no circumstances may links to the Website from third party websites or websites imply relations between THE-CAT-DESIGN and their owners, nor does it imply endorsement, sponsorship or recommendation by THE-CAT-DESIGN about them, so THE-CAT-DESIGN does not will be responsible at all regarding its content and lawfulness.
CONTENTS AND USER BEHAVIOUR
As a client or user of the Website, you agree to make appropriate use of the content and services offered through it and
not to use them to:
1. Engage in illicit activities, illegal or contrary to good faith and public order.
2. Disseminate content or propaganda of a racist, xenophobic, pornographic nature that advocates terrorism or violates human rights.
3. Causing damage to the physical and logical systems of THE-CAT-DESIGN, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
4. Disseminate contents that attempt against the image and reputation of THE-CAT-DESIGN or third parties.
5. Attempt against the rights of Intellectual Property, Industrial, image, honor or others that correspond to THE-CAT-DESIGN or third parties.
THE-CAT-DESIGN will have full freedom of decision on whether the collaborations and messages are finally published on the Web or not, being entitled to withdraw them when deemed appropriate.
The-Cat-Design acts on the assumption that the customer as read and agrees to the legal notice, Policy of Data Protection, Policy of Cookies and General Terms and Condition before initiating the buying process.
The online-shop The-Cat-Design presents products for cats. Clicking on the photo a page opens with further information on that product. In case the user wants to buy the product, he can choose the quantity and for some products different options (colour) and add the selected product to his cart by clicking on the symbol. A new page opens with a pop-up message informing the customer that this product has been added to his cart. Customer is going to be asked if the wants to see the cart. In case he agreed he will be lead to a page to continue the buying process.
In case the customer prefers to continue shopping, he always has the possibility to see the content of his cart and start payment process by clicking on the cart symbol on the upper right corner.
In case the customer wants to finish the buying process, the current page shows a survey of the products in the cart and the prices. Customer can redeem a voucher on this page as well. If the customer has been registered before the system shows the delivery zone already and costs of shipment. Continuing the process the customer has to introduce his billing details in the system. In case he wants the good shipped to another address there is the space to introduce a different shipping address by clicking the box and introducing the shipping address. A new survey of the order shows products in the cart with their prices and the shipping costs as well as addresses.
In the next step the customer chooses the payment method between bank transfer, credit card of PayPal (who accept credit cards as well). To finalize the buying process customer requires to accept the Terms and Conditions.
In case the customer has chosen bank transfer a window will open with the order details, order number and the bank-account number of The-Cat-Design. At the same time an e-mail will be sent to the customer´s e-mail with all order and payment details. The customer has to indicate the order number on the bank transfer slip to be able to assign the payment to an order.
In case the customer pays by Pay-Pal the systems leads the customer to the webpage of PayPal, where he can introduce his data. Customers, who do not have a PayPal account can pay with their credit card as well independently.
The option payment by credit card leads to the page of the bank BBVA to introduce the data of the customer´s credit card.
Finalising the contract
The products presented in the online-shop of The-Cat-Design are no binding offer to buy.
It is the customer presenting a binding offer to buy a product the moment he finished the buying process on the webpage.
The user will receive confirmation of the receipt of his order within 24 h. This receipt neither represent the binding acceptance of a buying contract by The-Cat-Design. A binding contract between customer and The-Cat-Design becomes realized the moment The-Cat-Design sends out the goods and has informed the customer by mail that the goods have been sent.
Availability of the product
In case a product is not available, independent of the fault of The-Cat-Design, The-Cat-Design will inform the customer immediately by e-mail or phone. The customer has the possibility to change his order to a similar product or to cancel it. In case the order will be cancelled The-Cat-Design will reimburse any payment done as soon as possible.
Conditions of delivery
To provide the best delivery service, The-Cat-Design facilitates customer data to the forwarding company. These data are name, address and phone number which are necessary for the delivery. For further questions on the Policy of Data Privacy the customer may refer to the following link:
The-Cat-Design deliver to the following countries:
Spain (Mainland), Balear Islands, Canary Islands, Germany, France, The Netherlands, Belgium, Luxemburg, Denmark, Ireland, Austria, United Kingdom, Sweden, Switzerland, Portugal, Poland.
The-Cat-Design is pleased to sell and deliver to other countries as well. Please contact The-Cat-Design for options and costs: firstname.lastname@example.org or by phone: 0034 667 450 273.
Delivery time is mentioned in the description of each product and may be within 2-3 weeks.
The-Cat-Design has contracted the forwarder MRW, but depending on the country of delivery may work with other transport companies as well.
In case the products has been damaged during transport, the customer has to inform The-Cat-Design as soon as possible by mail at email@example.com, so that The-Cat-Design can complain to the forwarder.
The online-shop The-Cat-Design accepts the following methods of payment, credit cards, PayPal and bank transfer. Payment by cheque or cash is not accepted.
Payment by credit card: The amount will be deduced from the card when the order will be shipped.
Payment by PayPal: PayPal is an online payment facility which allows secure, quick and easy payments. By using PayPal the customer can even pay with his credit card.
Bank transfer: By transferring the amount of the invoice to the following bank-account:
The-Cat-Design, Sylvia Lucas
IBAN: Es33 0182 3532 3802 0017 4045
The customer has to indicate his order number as a reference on the bank transfer to be able to assign the payment. If not, the order can not be fulfilled.
The banc transfer takes 2 days and the order will be shipped after receipt of the amount.
In case payer and customer are not identical, The-Cat-Design requires a copy of the transfer sent to firstname.lastname@example.org.
The prices of the products are indicated in the online-shop. During the buying process the valid Price will be shown on the page. The-Cat-Design has the right to modify prices and General Terms of Conditions without previous notice. This modification to not refer to orders which have been already confirmed by The-Cat-Design.
All prices indicated in the online-shop www.the-cat-design.com are in EURO and are final prices for customers within the European Community, (incl. VAT) and exclusive transport costs. For order from non-EU countries the price will be recalculated to net price. Local taxed, transport costs, taxes and contribution will be calculated and charged to the customer.
The goods stay property of The-Cat-Design until the last payment of the amount of the invoice has been done. Reservation of title, embargo or transfer of ownership just can be executed with the acceptance of The-Cat-Design.
The customer has the possibility to cancel and order without cause, contacting The-Cat-Design as soon as possible under the phone-number 0034 667 450 273 or by e-mail to email@example.com.
If the order has not yet left the warehouse, it will be cancelled without any problem. In case the order has been dispatched already, the customer has to wait until the receipt of the goods and send it back to The-Cat-Design. Once arrived back in the warehouse of The-Cat-Design the amount of the order will be credited, deducing the costs of shipment. Payment method will be the same like for the initial order.
The customer has 14 calendar days from the receipt of the order by him or a third person who is not the transporter, to withdraw the purchase without any penalty and without giving reasons. He has to inform The-Cat-Design by filling in the form below and send it to firstname.lastname@example.org or use the automated form in the footer of the webpage.
The purchase must be returned with all its products. In any case and for hygiene reasons, the returned products must be in perfect condition, unused, in their original packaging, with the seal and with all their accessories.
The client must assume the costs of the return shipping.
The customer will be responsible for ensuring that both the product and its packaging arrive in perfect condition, being necessary to pack the articles in an appropriate manner, in order to avoid possible deterioration during transport.
Once the return package is received, The-Cat-Design will verify its status and if the returned items, as well as possible accessories and documentation are complete and in perfect condition, The-Cat-Design will send the customer an email to notify the approval or rejection of the refund.
The reimbursement of all payments received for the purchase, including delivery costs, will be made within 14 calendar days following the receipt of the goods. The refund will be processed through the same means of payment used by the client for the initial transaction.
The-Cat-Design reserve the right to withhold reimbursement until the receipt of the products or until the client has presented proof of the return of the same, depending on which condition is met first. There will be no refund if the product has been used.
To withdrawal the order the customer can fill in the automated form in the footer of the webpage or use this from to fill it and send it to email@example.com:
(complete and send this form, only if you want to withdraw from the contract)
Port Ginesta, local 222
E – 08860 Castelldefels
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service.
– Ordered on/Received on.
– Name and Address of consumer(s).
– Date and Signature* of consumer(s).
*(Only if this form is notified on paper)
The products of The-Cat-Design fulfill the legal guarantee for manufacturing faults. The guarantee does not cover faults resulting from incorrect usage or normal wear.
In case the customer receives a wrong product or in poor condition, or in case of loss or damage of products by the transport company, the customer may request its return and / or replacement, within 14 calendar days after to the delivery of it. In this case, The-Cat-Design is committed to assume the costs of sending the return and will pick up the defective product and / or return the missing product for another identical product at no additional cost to the customer.
The information or personal data provided to The-Cat-Design will be treated in accordance with the Policy of Data Privacy. By making use of the web page www.the-cat-design, the processing of said information and data is consented and it is declared that all the information or data that you provide us are true and correspond to reality.
THE-CAT-DESIGN reserves the right to modify the web-site without prior notice, change, delete or add content and services provided through it, as the way in which they appear presented or located.
Although THE-CAT-DESIGN will make its best efforts to keep the information contained in the Web updated and free of errors, The-Cat-Design does not offer any guarantee regarding its accuracy and updating. Neither is it possible to obtain any result or specific purpose, so access to and use of the Website is the exclusive responsibility of the users and customers.
THE-CAT-DESIGN will pursue the breach of these General Terms and Conditions, as well as any improper use of the Website or its contents, the infractions of the rights that correspond to it or its licensors, especially those of Intellectual and Industrial Property, exercising all the actions, civil and criminal, that may correspond to it in Law.
Last version: Barcelona, 12.3.2019