Welcome to https://books.carmenmartinezjover.com, in this website of Carmen Martinez Jover’s personalised books, we work to complete your order satisfactorily.
This document establishes the General Contract Conditions of the website https://books.carmenmartinezjover.com, which has as its object to sell personalised books of Maria del Carmen Dorotea Martinez Jover (hereinafter, Owner) with RFC MAJC590702JT4 and address at Mariano Escobedo 353A, Col. Polanco, 11570 Mexico City, Mexico, by those people physical or legal (hereinafter, contracting person or user) who express their willingness to acquire the products that are made available in the store https://books.carmenmartinezjover.com website through the request made by electronic means, specifically, via internet through this website owned by the Owner.
1.- CONTRACTUAL INFORMATION AND DOCUMENTATION. ACCEPTANCE OF THE CONTRACT
These General Terms and Conditions of Contract are displayed on a permanent basis on the website https://books.carmenmartinezjover.com, owned by the Owner, and all users can archive, print and, therefore, be previously informed of the conditions under which the products will be contracted from the store (hereinafter, the product).
Also, these General Conditions are reiterated together with a summary of the specific request - specific product contracted, cost with indication of taxes if they were applicable, shipping costs, etc. - for express acceptance by the party of the contracting person - by clicking on "I have read and accept the terms and conditions" - each time a specific request is made through the website.
It is not technically possible for the contracting party to complete the application without acceptance of these General Conditions. So that the contracting person can make this acceptance and, therefore, make the request, he must provide his data when placing the order in https://books.carmenmartinezjover.com, at which time he accepts these Conditions.
The contracting person, by accepting these Conditions, gives his express and unreserved consent for the Owner to carry out the necessary collection operations for the acquisition of the product that they contract, expressly authorising Maria del Carmen Dorotea Martinez Jover to make the collections in the payment methods that she herself has selected, or introduced from the secure area enabled for that purpose, in accordance with the regulation of payment services.
These General Conditions, together with the specific request made through the Internet by the contracting party - also known as "Particular Conditions" - configure the content of the contract between the Owner and the contracting party who declares to have sufficient capacity to contract and have read, understood and accepted the present conditions.
The Owner, at the time of contracting and within a period not exceeding twenty- four hours, will send the confirmation of the order made to the email address associated with the account of the contracting person.
The contracting person will permanently dispose of these General Conditions on the website. Any subsequent modification of these General Conditions will be clearly displayed in an easily accessible place on the https://books.carmenmartinezjover.com website. All the aforementioned documentation may be printed and filed by the contracting person and may be requested at any time by the Customer Service Department, via email sent to email@example.com; or by calling the telephone number +52155 4522 7279.
Any request for information, or claim that is deemed pertinent, may be raised to the Customer Service in the signs identified in the previous paragraph. The Service will acknowledge receipt of the claim submitted by sending the relevant receipt -with the corresponding identification key- to the email address that must be provided to the Customer Service to process the claim.
By this contract the Owner undertakes to deliver to the contracting party the product that it has requested through https://books.carmenmartinezjover.com, website in exchange for a certain price and in accordance with the conditions established in this document.
3.- RIGHTS AND OBLIGATIONS OF THE OWNER
3.1. Product delivery
The Owner undertakes to deliver the product in perfect condition to the address indicated by the contracting person on the order form, which contains the specific conditions that are attached to these general conditions. The Owner will not be responsible for the errors caused in the delivery when the data entered by the contracting person in the order form do not conform to reality or have been omitted.
Unless the parties agree otherwise, the Owner shall deliver the product by means of the transfer of its material possession or control to the person that the contracting party has indicated.
In terms of delivery times, we will endeavour to process and manage the User's order within the time established for each item. However, manufacturing times can vary sometimes, so the delivery times of the products are indicative. The delivery time should not be the essence of these terms and conditions and the Owner will not be responsible for losses or expenses that may occur as a result of a delay in the delivery of the order. Consequently, the Owner reserves the right to send the order to the User in different deliveries. In case the order is scheduled to be made in different deliveries, each delivery will constitute an independent contract.
If by mistake the User does not collect the order,
https://books.carmenmartinezjover.com has no obligation and will not reimburse the payment.
3.2. Owner's responsibility
The Owner will in no case be responsible in relation to:
3.2.1. Errors, delays in access by the contracting party when entering their data in the order form, the slowness or impossibility of order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the good faith of the Owner. In any case, the Owner undertakes to solve the problems that may arise and to offer all the necessary support to the contracting person to arrive at a quick and satisfactory solution of the incident.
3.2.2. Errors or damages caused by inefficient product use and bad faith by the contracting party.
3.2.3. The non-operability of the email address provided by the contracting person for sending the order confirmation.
3.2.4. The Owner has full responsibility for the quality of the product, allowing the return of the same provided that they are defective or do not reach the contracting person in the correct state. The Owner will be responsible, in this case, for the costs incurred as a result of such return provided that the contracting party communicates this fact, within a maximum period of fourteen calendar days from the date of delivery and the product has not been consumed or altered in any case. The Owner is exempt from any liability in relation to possible breakages or defects of the product produced after the delivery thereof, likewise, the Owner will not have any responsibility in relation to that product that has already been consumed or used without any type of incident. by the contracting party that intends to make a claim. Likewise, the contractor is responsible for making sure that he has filled in ALL the personalisation fields correctly and that he has written what he wants to appear in each one of them. Once the purchase process is finished, the Owner is not responsible for the result of the text personalized by the client. If you wish, the contractor can go back and review your personalisation, and if you need help, get in touch through firstname.lastname@example.org
The contracting person, before signing the delivery of the order should check that the product is delivered in perfect condition, if it gives its agreement at the time of delivery is understood by both parties that the product was delivered correctly and therefore, the possible deterioration It occurs after delivery.
3.2.5. The contracting person expressly waives to claim any contractual or extra- contractual liability for possible damages or losses arising from what was previously stated in this clause. In any case, the responsibility of the Owner if it fails to comply with what is stated in this agreement under the terms of these general conditions will be limited to the refund of the amount that, if applicable, the contracting party could have paid in relation to the product and always upon return. by the contracting party of the product in question.
3.2.6. The contracted product has the guarantee of conformity provided for in the Law. If the product is not in accordance with the contract, the contracting party may choose between demanding the replacement of the product, or, where appropriate, the reduction of its price or resolution of the contract, in the legally established terms.
4.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PERSON
The contracting person undertakes to pay the amount for the product actually requested in the amount and form established in these Conditions.
The remuneration for the product actually requested by the contracting person will be that indicated on the website and that which appears on the specific request of the contracting person at all times (except in case of typographical or manifest error); requests that will constitute the particular conditions of the order. The price of the product that appears on the website is always indicated in American dollars with taxes included.
In the event of an error in the price of the product requested by the contracting party, the Owner will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. In the event that the contracting party can not be reached, the order will be considered canceled and the amounts that have been paid will be reimbursed in full, without any right to compensation.
The full final price will include: taxes or fees, the amount of the increases or discounts that are applicable to the offer and the additional expenses - for example, those associated with transportation, means of payment, etc. - that are passed on to the contracting person, which will be expressly accepted by the contracting person.
The Owner will issue the invoice corresponding to the contracted product detailing all the concepts that comprise it. At any time, the contracting person can communicate their desire to receive the invoices, by means of a communication addressed to the Customer Service.
4.1.2. Payment Methods
The contracting person must pay the amount corresponding to the contracted product through any of the payment methods / procedures available on the website. The additional expenses associated with the selected payment methods must be paid and confirmed independently in the terms indicated on the website.
The contracting person, who has the status of consumer, can desist from the contract made in https://books.carmenmartinezjover.com, within fourteen calendar days without justification, counted from the day of delivery of the last of the products included in the contract . The hiring of products that are made according to the specifications of the contracting person or clearly personalised, which by their nature can not be returned (eg personalized books), will not be subject to withdrawal.
To exercise the right of withdrawal, the contracting person must notify his / her decision to withdraw from the contract by means of an unequivocal statement to: Carmen Martinez Jover, at Mariano Escobedo 353A, Col. Polanco, 11570 Mexico City, or at email@example.com, indicating that you withdraw from the contract and providing the following information: reference of the order, date of receipt, name and surname of the contracting person and his address. You can also use the model form provided in the current regulations on the defense of consumers and users. If the withdrawal is submitted on paper, it must be duly signed by the contracting person. To comply with the deadline, it is enough that the notification is sent before it expires.
In the event of withdrawal by the contracting party, the Owner will return all payments received, including -in his case- the delivery costs (except for the additional expenses resulting from the election by the contracting party of a modality of different delivery to the less expensive mode of ordinary delivery offered by the Owner), without undue delay. Said reimbursement will be made using the same means of payment used for the initial transaction, unless otherwise expressly agreed; In any case, you will not incur any expenses as a result of the refund. The Owner may withhold reimbursement until the products have been received or until proof of return is presented.
The contracting person must return or deliver the products directly to the Owner at: Carmen Martinez Jover, at Mariano Escobedo 353A, Col. Polanco, 11570 Mexico City, without any undue delay and, in any case, no later than the deadline of fourteen calendar days from the date you communicate your decision to withdraw from the contract. The deadline will be considered fulfilled if you make the return of the products before the end of that period. The contracting person must assume the direct cost of returning the products. It is estimated that this cost rises to approximately the same amount you paid for the products to be delivered to you.
The contracting person is responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and, where appropriate, the operation of the products. The User has the right to cancel an order only if: i) the Owner has not been able to deliver the order within a period of 30 working days after the date of the order; ii) in the case of defective products, as soon as the defect has been discovered (taking into account that you have inspected the product as soon as possible after delivery and, in no case, beyond 14 days after receiving the product ).
4.3. Responsibility of the contracting person
The contracting person assumes all the risks of deterioration, impairment, damage and loss of the product from the moment it has been made available by the third party who, on behalf of the Owner, makes the delivery of the requested product.
The contracting person undertakes to check the good condition of the product before the third party who, on behalf of the Owner, makes the delivery of the requested product, verification that will be made prior to the signing of the receipt of the delivery made.
The Owner and the contracting person may consider this contract terminated for any of the causes established in the laws and in particular for the breach of these General Conditions. The termination of the contract may be exercised by contacting the other party at: the postal address provided by the contracting person when contracting the service, and at the address of the Owner, duly identifying the contract that is to be resolved.
6.- COPYRIGHT AND TRADEMARK
The Owner informs that the contents, the programming and the design of the website https://books.carmenmartinezjover.com, are fully protected by the author's rights, being expressly prohibited any reproduction, communication, distribution and transformation of the aforementioned protected elements except with the express consent of the owner. The Owner may use external sources for the preparation of its contents on certain occasions and / or establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate owner of the copyright of this information so included may at any time request the elimination of the aforementioned references.
7.- DATA PROTECTION
8.- JURISDICTION AND APPLICABLE LAW
These general conditions are governed by Mexican law. The Courts of Mexico are competent to resolve any dispute or conflict arising out of these general conditions, the contractor expressly waiving any other jurisdiction that may correspond to him.
In the event that any clause of this document is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. The Owner may not exercise any of the rights and powers conferred in this document, which will not imply any waiver of the same unless expressly acknowledged by the Owner.