The purpose of these General Conditions of Sale is to regulate the offer and distance sale of ITEMPORALITY Products, through the web https://www.itemporality.com/ (hereinafter, "the Web"), to individuals who act as consumers (hereinafter, "the Clients") in Spain.
The offer and sale of Products is made through this website by CITYTIME BRANDS, SLU (hereinafter “CITY TIME”), domiciled at Avenida Doctor Severo Ochoa, nº47, 1ºB, CP 28100 - Alcobendas (Spain), with NIF nºB -87080370 and registered in the Madrid Mercantile Registry in Volume 17510, Folio 32, Section 8, Page M-300,778.
From now on, for the purposes of these Terms and Conditions, CITY TIME will also be called ITEMPORALITY. The products that ITEMPORALITY sells through this website will be referred to as "the product", "the products", "ITEMPORALITY product" or "ITEMPORALITY products".
The ITEMPORALITY products offered through the website will be available for the Spanish territory included in the Iberian Peninsula and the Balearic Islands, excluding the Canary Islands and the cities of Ceuta and Melilla. Orders will also be served in a number of European countries.
Clients can contact us for any doubt, suggestion or claim through any of the following means:
- by writing an email to the following address: firstname.lastname@example.org
- By calling 91 309 98 00 during public service hours from 8 a.m. to 4 p.m., Monday to Friday. The price of a call is that of a local call from a landline phone.
The pre-contractual, contractual and post-contractual relationship concluded remotely between ITEMPORALITY and the Clients are governed by these General Conditions of Sale as well as by 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, by Law 34/2002, of July 11, on information society services and electronic commerce, as well as by any provision contained in the regulations that must be complied with by employers in their relations with consumers.
The placing of an order by the Client implies full acceptance without reservation of these General Conditions of Sale, which must be read and accepted each time the Client places an order and may be printed, stored and reproduced by the Clients. To download these Terms and Conditions click here.
These General Conditions of Sale are written in Spanish, the language in which the contract between ITEMPORALITY and the Clients will be formalized.
ITEMPORALITY may modify, at any time and without prior notice, the content of the General Conditions of Sale. However, the modifications to the General Conditions of Sale will only be applicable to sales that are formalized after the modification of the General Conditions of Sale comes into force.
These General Conditions of Sale will only apply to consumers, in accordance with their definition contained 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 or in the regulation that replaces it.
All Products offered through the Web are displayed in detail in each of the sections enabled on the Web for each of the categories, news or collections. Entering the section "the product file" of each model of the Products, you will be able to see the characteristics of the Product.
ITEMPORALITY makes every effort to ensure that all Products offered on the Website are available and only those Products for which stocks are available are displayed. However, it is possible that some of our products are not available at the time of ordering, a circumstance that will be made known to the purchaser when placing the order, as described in section 5 "ORDER CONFIRMATION" of the these General Conditions of Sale.
The indicated price of the Products is the price at which ITEMPORALITY offers its Products through the Web. This price includes all applicable taxes.
- PURCHASE PROCEDURE
Through the Web:
In order to make a purchase, the Customer must access the Web www.itemporality.com
Once on the Web, the Customer may select from among all the Products available on the Web that or those Products that he wishes to purchase. To do this, you must click on the "Add to cart" button and indicate the number of units you wish to add. By default, a Product unit will be added.
Once you have verified that everything is correct, you must validate the box "Proceed to payment" by means of which the Client gives their consent for ITEMPORALITY to proceed to collect the amount indicated in the order, provided that the Products selected by the Client are available when ordering.
Once ITEMPORALITY has proof of the effective payment of the order amount, it will proceed to send a confirmation email to the Client. Likewise, you will be able to consult and track the order placed through the tracking of the order number provided by SEUR.
Once the payment is made, the Customer can only cancel the order while it is in pending status. If the order has already been processed, the Client will not be able to cancel the order without prejudice to the power that he has to exercise the right of withdrawal.
- PAYMENT METHODS
The Customer may make the payment of the total amount of the order, including shipping costs, if any, by debit or credit card VISA, VISA ELECTRÓN, MASTER CARD, MAESTRO or AMERICAN EXPRESS issued by a Spanish bank, through PayPal.
The payment of your order takes place in real time through the Virtual POS once it has been verified that the data provided is correct.
ITEMPORALITY guarantees that it will treat the data corresponding to the means of payment used with total security and confidentiality. The data of the card used for payment is transmitted in SSL encrypted form. This solution guarantees secrecy in communication through a dialogue with encryption keys. In order to detect and avoid fraudulent operations and unnecessary harm and inconvenience to our Clients, ITEMPORALITY has adopted fraud prevention measures and controls. These controls consist of the analysis of the characteristics of the orders and their comparison with previous fraudulent operations.
On occasion, in order to guarantee that it is not a fraudulent operation, ITEMPORALITY may require you to complete certain information or to provide other complementary information. The refusal to supply this information will prevent ITEMPORALITY from carrying out the necessary checks on the authenticity of the order. In these cases, ITEMPORALITY will have the right to cancel the order due to fraud.
Despite our attempts to improve our fraud detection systems, we cannot fully guarantee that an operation that is not fraudulent will not be classified as fraudulent. In the event that the Client is affected and an operation is incorrectly denied, please inform us through the means of contact provided in these General Conditions of Sale so that we can attend to your order as soon as possible.
Also bear in mind that the providers or issuers of the means of payment used may have other anti-fraud measures not controlled by ITEMPORALITY that may lead to the rejection of certain types of operations. ITEMPORALITY does not control nor is it responsible for the damages that the application of the policies approved by the different providers or issuers of payment means may cause.
In case of payment by PayPal, the amount of the purchases will be charged to the PayPal account immediately. If the purchase is made by bank card, once the transaction has been confirmed by the bank, we will proceed to confirm the order by sending an order confirmation email. In the event of a bank rejection, the order will be automatically canceled and the Client will be informed by sending an e-mail.
In the event that a Client is fraudulently or improperly charged the amount of a purchase made using the Client's payment card number, the Client may demand the immediate cancellation of the charge by sending an e-mail, in which case, ITEMPORALITY, will proceed to reimburse the amount unduly or fraudulently charged as soon as possible.
However, in the event that the purchase has been effectively made by the Customer who demands the cancellation of the charge, the latter must compensate ITEMPORALITY for the damages caused by said cancellation.
By accepting these General Conditions of Sale, Clients who place their order through the Web, give their consent to receive the invoice electronically in relation to the orders placed by said Client. The invoices referring to the orders placed by the Customer will be sent by email. The Client may revoke consent to the issuance of the invoice electronically and choose to receive the paper invoice by requesting it from the Customer Service department, calling 91 309 98 00 during public service hours from 8 a.m. to 4 p.m. from Monday to Friday. Friday or by sending an e-mail to the following address: email@example.com. When the Products are delivered to the transport company for shipment, for those Clients who have given their consent to send the invoice in electronic format, ITEMPORALITY will issue an invoice online indicating the amount of the Product, transport costs separately and VAT. For the issuance of the invoice, the information provided by the Client is taken. The data cannot be modified after the invoice has been issued.
- ORDER CONFIRMATION
The order that the Client sends by clicking the "Proceed to payment" button has the value of a contractual proposal and implies full knowledge and full acceptance of these General Conditions of Sale.
The contract of sale between ITEMPORALITY and the Client is considered to have been concluded once ITEMPORALITY sends the order confirmation to the Client's email address, confirmation that will take place within a maximum period of 24 hours.
In said order confirmation email, the order number that the Client must use in any communication with ITEMPORALITY related to said order will be indicated. The message will contain, in addition to the information required by law, all the data that the Client has entered, who undertakes to verify the veracity of said data and to communicate any eventual modification in time. Possible encumbrances arising from errors in the data not indicated in time, will be the sole responsibility of the Client. In the event that the payment of the order is not made through the payment system indicated by the Client, the transaction will be understood as not carried out and therefore ITEMPORALITY will not process the corresponding Order.
It is possible that one or more of the Products contained in the order placed by the Customer are not available at the time of processing the order. In this case, ITEMPORALITY will notify the Client of the lack of availability of the Product for which there is no stock. If the order placed by the Customer only contains the Product that is not available, ITEMPORALITY will cancel the order.
- SHIPPING AND DELIVERY
Shipping costs will be free on all orders to Spain, regardless of the purchase price. For orders destined for other countries of the European Union, shipping costs will be free as long as the purchase price exceeds € 39.
We will process and ship your order within 24 hours during business days. You will receive a tracking number in your email to verify the status of your order. If not, you can contact us by Facebook, Instagram or by sending an email to firstname.lastname@example.org.
Our free standard shipping takes 3-7 business days. Keep in mind that our expected deadlines are estimates and may vary due to factors beyond the control of ITEMPORALITY and the transport company, without, in any case, exceeding the period of 30 calendar days from the confirmation of the order.
Taxes and obligations: your order may be subject to import duties and taxes, which are applied once the shipment reaches your country. Customers who place an order in our European store and with a European delivery address will not be subject to import duties as we will ship the products from our warehouse in Europe.
We kindly ask Clients to verify, at the time of delivery of the order by the carrier:
- that the Product or Products are not damaged or altered.
- that the number of items delivered corresponds to that indicated on the transport document.
In the event that at the time of delivery you detect that the Products are damaged or altered or that the Products do not correspond to the order placed, please proceed to express your observations and present all claims that you deem justified, and may even reject the order.
In accordance with the provisions of the Consumer Law, delivery to the Client or to a third party designated by him, other than the carrier, entails the transfer of risk and, consequently, that the deterioration of the Products, loss or theft that may occur from that moment they are not the responsibility of ITEMPORALITY.
In the event that ITEMPORALITY through the courier company has not made the delivery within the indicated period, the Client will summon ITEMPORALITY to comply with an additional period appropriate to the circumstances. If the order is not delivered within said additional period, the Customer will have the right to terminate the contract. The foregoing will not be applicable when ITEMPORALITY has refused to deliver the goods or when the Client has informed ITEMPORALITY, before the conclusion of the contract, that delivery on a certain date or before a certain date is essential.
The delivery will be made through the courier company. The home delivery schedule will be from Monday to Friday (working days) from 9am to 7pm. No deliveries are made on Saturdays, Sundays or those days that are holidays at the place of delivery of the order.
At the time of delivery, the Customer will not have to pay any expenses to the transport company since the Customer will have already paid the shipping costs of the order (if any) at the time of formalizing the purchase.
ITEMPORALITY will send a shipping confirmation email to the Customer when their order leaves the warehouse, another with a tracking number (with a link to the website of the courier company) and finally the carrier will contact you to Delivery.
In the event that it had not been possible to deliver the order by the courier company, said order will be available to the Customer for a period of fifteen days at the office indicated by the carrier.. If within said period the Client does not proceed to withdraw the order, ITEMPORALITY will terminate the Contract due to impossibility of compliance, proceeding to reimburse the amounts paid by the Client although the Client will have to face the costs of returning the order and the expenses of consignment that, where appropriate, the transport company passed on to ITEMPORALITY for the storage of the order. Notwithstanding the cancellation of the order, the Client may again proceed to place the same order if they so wish.
From time to time, different types of promotional sales may be advertised on the Web, such as sales with discounts or sales with gifts.
Such sales will be subject to the conditions that are expressly indicated for each specific promotion as well as to these General Conditions of Sale in everything that does not contradict the particular conditions of the promotion.
Now, in the event that the advertised promotion consists of a sale with a gift (eg: for the purchase of a certain Product, the Customer is given another Product), it must be borne in mind that, for any type of sale With a gift that is made, the return of the Product purchased that gave the right to obtain the gift will entail the obligation to return the gift delivered.
In the event that the consumer does not return the gift, the value of the gift that appears in the specific advertising of the promotion will be deducted from the final price to be returned.
The gifts or bonuses that are offered may not be sold or transferred to third parties for the purpose of directly or indirectly obtaining financial or in-kind profit or for the purpose of promoting themselves. The Client may waive the gift but may not obtain any compensation for the gift waiver.
- RIGHT OF WITHDRAWAL (RETURNS)
The Client will have the right to withdraw from the contract for a period of 30 calendar days (hereinafter "withdrawal period") without indicating the reason from the date of the material possession of the Product by the Client or by a third party designated by the Client other than the carrier. However, the Customer may not exercise the right of withdrawal in those cases provided for by article 103 of the Consumer Law, among which is the supply of goods made according to the specifications of the consumer and user or clearly personalized.
All returns must be made through the online store, in no case will changes or returns be accepted at physical points of sale of ITEMPORALITY.
In the event that the Customer places an order with two or more Products and these are not delivered in the same delivery, the period will begin to run on the day that the Customer or a third party designated by the Customer other than the carrier acquires material possession of the last of the Products.
The foregoing is without prejudice to the 30-day right of withdrawal that you contractually assists from the Shipping Confirmation that you will receive for each of the goods that can be delivered separately in the case of Mixed Orders.
To exercise the right of withdrawal, we recommend that the Client send an email to email@example.com, within the withdrawal period, communicating your intention to withdraw from the contract.
The Client may also exercise the right of withdrawal by completing the withdrawal form and sending it to Avenida Doctor Severo Ochoa, nº 47, 1ºB, CP 28100 - Alcobendas (Spain).
Likewise, the Client may indicate their willingness to withdraw from the contract by any type of unequivocal declaration in which the Customer expresses their willingness to withdraw, for example, by means of a letter sent by post to the following address, ITEMPORALITY (CITY BRANDS SLU) Avenida Doctor Severo Ochoa nº47, 28100 Alcobendas, Madrid, or by email firstname.lastname@example.org. You can download the withdrawal form here.
Consequences of withdrawal
In the event of withdrawal on your part, we will refund all payments received, including delivery costs to the initial shipping address (with the exception of additional costs resulting from your choice of a delivery method other than the mode least expensive ordinary delivery that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used for the initial transaction, unless you indicate otherwise, expressly detailing the means of payment through which you want us to make the return. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first. The Customer is responsible for the decrease in value of the merchandise that is derived from a different use of the Product than that necessary to establish the nature, characteristics or operation of the merchandise.
In addition to the right of withdrawal legally recognized for consumers and users and mentioned in the previous clause, we grant you a period of 30 days from the Shipping Confirmation to make product returns.
In the event that you return the products within the contractual term of the right of withdrawal, but once the legal term has elapsed, you will only be reimbursed for the price paid for such products, and the Customer must bear the direct costs of returning the product.
RETURN OF PRODUCTS AFTER THE DISMISSAL PERIOD
Without prejudice to the legal right of withdrawal established by the Consumer Law, ITEMPORALITY offers the Customer, as a commercial guarantee, the possibility of returning the product from the 15th to the 30th of the delivery of the product. For this, it will be necessary to follow the procedure described to exercise the right of withdrawal. In the case of return of the product between 15 and 30 days from the delivery of the product, ITEMPORALITY will refund the amount of the returned product but not the amount of the shipping costs. The return costs will be borne by the Customer.
- PRODUCT WARRANTY
Although in accordance with the provisions of 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, the seller, is In other words, ITEMPORALITY, is responsible for the lack of conformity of the Products with the contract for a period of 2 years from the delivery of the Product in the terms established in the aforementioned Royal Legislative Decree 1/2007.
The guarantee period of the Product will begin to count on the day of delivery of the Product, which, unless proven otherwise, will be the day that appears on the invoice or purchase receipt or on the corresponding delivery note if later.
During the first six months:
If the lack of conformity manifests itself during the first 6 months from the delivery date, in accordance with the provisions of the regulations, it is presumed that the lack of conformity already existed at the time of delivery. Therefore, it is up to ITEMPORALITY to prove otherwise and that the defect is the consequence of misuse or defective maintenance carried out by the Customer. In this way, ITEMPORALITY has to prove that it delivered the Product in accordance with the agreed conditions and that the lack of conformity did not exist at the time of delivery and that, therefore, ITEMPORALITY is not responsible for the lack of conformity. .
During this period, ITEMPORALITY will bear the expenses that may be generated to prove that the Product is compliant and that the lack of conformity did not exist at the time of delivery of the Product.
After six months and up to two years:
If the defect appears after the first 6 months and until the end of 2 years from the date of delivery of the Product, the Customer is the one who has to prove that the lack of conformity already existed at the time of delivery of the Product and that it it is not due to misuse or improper maintenance.
Sometimes, the Client will have to prove to ITEMPORALITY by means of an expert opinion of the Product the origin of the lack of conformity. In this case, it will be the Client who must bear the costs derived from obtaining those reports, estimates or documents issued by experts, technicians, professionals, Technical Assistance Services, as well as the costs of shipping the Product to ITEMPORALITY. In the event that it is proven that the lack of conformity of the Product already existed at the time of delivery, ITEMPORALITY will assume all the expenses incurred by the Customer to demonstrate the existence of the lack of conformity.
Alternatives in the absence of conformity:
In the event of a lack of conformity of the Product with the contract, provided that it is within the legal guarantee period of two years, the Customer may choose between requiring the repair or replacement of the Product, unless one of these two options is objectively impossible. or disproportionate. In relation to the lack of conformity that occurs between the second and third year, ITEMPORALITY will be the one who decides if a repair can be carried out or if the watch can be replaced by an identical one or by a watch with similar characteristics.
The form of remediation that, compared to the other, imposes on ITEMPORALITY costs that are not reasonable, will be considered disproportionate, taking into account the value that the Product would have if there was no lack of conformity, the relevance of the lack of conformity and if the form alternative sanitation could be carried out without major inconveniences for the consumer and user.
If the Customer has chosen to repair the Product, it continues to be not in accordance with the contract, the Customer may demand the replacement of the Product, unless this option is disproportionate, the price reduction or the termination of the contract.
If the Customer has opted for the replacement and the Product continues to suffer from a lack of conformity with the contract, the Customer may demand the repair of the Product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided for in the Consumer Law.
Termination of the contract will not be possible if the lack of conformity is minor.
In order to enforce the rights conferred by the regulations, it will be necessary to present the purchase invoice for the Product.
In everything not provided for in this section, Chapters I, II and III of Title IV of 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.
Clients can contact our Customer Service for any claim they may have through the following means:
- by calling 91 309 98 00 during public service hours from 8 a.m. to 4 p.m. from Monday to Friday. The price of a call is that of a local call from a landline phone);
- by writing us an email to the following address: email@example.com.
ITEMPORALITY will respond in the shortest possible time and, at most, within one month from the sending of the form by the Client.
In the event that Clients wish to submit an official claim form, they can contact the Competent Consumer Service in their place of residence.
- APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Sale, the relationship between the Client and ITEMPORALITY, as well as any contract entered into between ITEMPORALITY with the Client, are governed by Spanish law.
For the resolution of any conflict that may arise between ITEMPORALITY and the Clients who act as consumers, both parties expressly submit to the jurisdiction and competence of the Spanish Courts and Tribunals in the terms of what is established in article 52.3 of the Law of Civil Procedure, expressly waiving any other jurisdiction that may be applicable to them.
The Client that wishes can present their claim directly through the European Union Platform for online dispute resolution accessible through the following link: http://ec.europa.eu/odr