1. General Information
This document (as well as all / other documents mentioned here) regulates the conditions governing the use of this Website and the purchase of products therein (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that Natalia Maldonado Friedman (hereinafter My Berry Own), with NIF 02660136W develops through the Website includes: the sale and marketing of stationery products and accessories.
In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the Cookies Policy, and the Privacy Policy. By using this Website or when making and / or requesting the acquisition of a product through it, the User consents to be bound by these Conditions and by all the aforementioned, so, if you do not agree with these Conditions, you must not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in place at the time the product acquisition is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he / she can contact the owner using the contact information provided, by writing an email to contact@myberryown.com or, where appropriate, using the contact form.
The information on the purchase Conditions and the navigation on the website are written in Spanish (see Términos y Condiciones) and English. They are available permanently to be printed or saved.
2. The User
The access, navigation and use of the Website, confers the condition of User (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so, since the navigation of the Website begins, all the Conditions set forth herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make inquiries and purchases that are legally valid.
- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities would be informed.
- Provide truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal Notice).
- The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed primarily at Users residing in Spain. My Berry Own does not ensure that the Website complies with laws of other countries, either totally or partially. My Berry Own declines all liability that may arise from such access. The User may formalize at his / her choice, with My Berry Own, the contract of sale of the desired products in any of the languages in which these Conditions are available on this Website.
3. Purchase or acquisition process
To proceed with the purchase of the product, the User must select the product they wish to buy and add it to the Shopping Cart. Once the selection of products to be purchased has been completed, the User must click on the “Shopping Cart” icon. Next, the products selected for purchase will be indicated and the User must select between the options available for shipping the products to the indicated address and the method of payment thereof.
The data provided to My Berry Own through the corresponding form are identifying elements to access and make purchases and are personal and non-transferable.
Next, the User will receive an email confirming that My Berry Own has received their order or purchase request, that is, the order confirmation. Where appropriate, this information could also be made available to the User through their personal connection space on the Website (“My Account”).
Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that the User may download through his / her personal connection space on the Website. Likewise, the User may, if he so wishes, obtain a copy of the invoice on paper, requesting it from My Berry Own using the means of contact on the Website or through the contact details provided.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product in question and that are displayed next to the presentation or, where appropriate, image of it on the Website pages, indicating, by way of example, but not exclusive, and attending to each case: name, price, components, customization, quantity, color, product details, or characteristics and recognizes that the completion of the purchase order means full acceptance of the particular conditions of sale applicable to each case.
When placing an order on the Website, the User agrees to make the purchase of the selected product, the payment thereof and the shipping costs involved (except in case of promotion or any publication that indicates otherwise at the time of the purchase).
The communications, purchase orders and payments that intervene during the transactions made on the Website could be archived and kept in the computerized records of My Berry Own in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that apply in this regard, and particularly in compliance with current regulations on data protection and the rights that users attend under these Terms and Conditions of Use, to the Privacy Policy and the Legal Notice of this Website.
4. Availability
All purchase orders received by My Berry Own through the Website are subject to the availability of the products and / or materials, and / or that no circumstance or force majeure affects the supply of them and / or the provision of services.
Unless prior notice, the products advertised on the web are available for purchase, although they do not have to be available for immediate shipment. The manufacture of each product is made to order and may take several days to be prepared (see Delivery Times on the Shipping page).
If there are difficulties in the supply of products or there are no products in stock, My Berry Own will contact the User and reimburse any amount that could have been paid for the purchase.
5. Prices and payment
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless, by legal requirement, especially with regard to VAT, different matters are indicated and applied.
The products will be sold at the price indicated at the time of the order confirmation by the customer.
Other taxes, fees, tariffs or surcharges are not included in the final prices of the products as shown on the Website.
In no case will My Berry Own add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received in the order confirmation.
The accepted payment methods are:
My Berry Own uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, My Berry Own will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the Username.
6. Delivery
Shipments are generally made through the National Postal Service (Correos). Home deliveries are made on weekdays.
If for any reason, attributable to My Berry Own, it could not meet the delivery date, My Berry Own will contact the User to inform him / her of this circumstance and, he / she may choose to proceed with the purchase by establishing a new delivery date or cancel the Order with full refund of the price paid.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.
For shipments within the national territory, in the event that 30 days have elapsed since the order is available for delivery, and has not been delivered for reasons attributable to the User, My Berry Own will understand that the User wishes to withdraw from the purchase. As a consequence, all payments received from the User will be returned, with the exception of shipping costs, expenses arising from the cancellation of the purchase and additional costs resulting from the User’s own choice of a delivery method different from the less expensive ordinary delivery offered by the Website, without undue delay and, in any case, within a maximum period of 14 days from the date the contract is considered terminated. However, the User must bear in mind that the transportation derived from the resolution may have an additional cost that may be charged to the User.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires the material possession of the products, which will be credited by the signature of the receipt of the order at the agreed delivery address.
When placing an order, the User undertakes to provide certain and truthful information, both of the bank account with which he makes the payment and of the shipping address.
In case any of the two data is uncertain or insufficient, My Berry Own is not responsible for the package not arriving at its destination. Try to use a regular email address and telephone number in case My Berry Own staff has to contact you to confirm any delivery information.
PLEASE BE CAREFUL when entering delivery data (full name and exact address). If due to an error on the part of the User in the indication of the shipping data, the order does not reach its destination, My Berry Own will not take part in the resolution of the case, and it is the customer who is responsible for said error.
7. Technical means to correct errors
The User is informed that if he / she detects that there has been an error when entering data necessary to process their purchase request on the Website, they may modify them by contacting My Berry Own through the means of contact enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.
In any case, the User, before clicking on “PROCEED TO CHECKOUT”, has access to the Shopping Cart where the purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and Privacy Policy to obtain more information on how to exercise their right to rectification as established in the General Data Protection Regulation (EU) 2016/679 GDPR and LO 3 / 2018, of December 5, Protection of Personal Data and guarantee of digital rights.
8. Returns
In the cases in which the User acquired products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, who makes a purchase on the Website and, therefore, is assisted by the right to withdraw from said purchase within a period of 14 calendar days without justification.
This withdrawal period will expire after 14 calendar days of the date that the User or a third party authorized by them, other than the carrier, acquires the material possession of the goods purchased on the Website or in case the goods that make up your order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by them, other than the carrier, acquires the material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify his / her decision to My Berry Own. They may do so, where appropriate, through the means of contact enabled on the Website or through the email address: contact@myberryown.com.
The User, regardless of the means chosen to communicate his / her decision, must express clearly and unequivocally that it is his / her intention to withdraw from the purchase contract.
To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.
In case of withdrawal, My Berry Own will reimburse the User for all payments received, including shipping costs and excluding return costs, without undue delay and, in any case, no later than 14 calendar days from the date in which My Berry Own is informed of the decision to withdraw by the User.
My Berry Own will reimburse the User using the same payment method used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, My Berry Own may withhold such reimbursement until it has received the products or items of the purchase, or until the User submits proof of their return, depending on which condition is met first.
The User can return or send the products to My Berry Own at:
Natalia Maldonado, C / Orellana 5, Bajo, 28004, Madrid, Spain and must do so without undue delay and, in any case, no later than within 14 calendar days from the date My Berry Own was informed of the withdrawal decision.
The User acknowledges knowing that he / she must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, the User will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal. In an enunciative way, but not exclusive, this would be the case of: customized products; products that can deteriorate or expire quickly; CD, s / DVD of music or video without its packaging, as it is sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In any case, no refund will be made if the product has been used beyond the mere unpacking of the product, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order, and that, therefore, they should contact My Berry Own immediately and let it know the existing disagreement (defect / error) by the same means or by using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined by My Berry Own and the User will be informed, within a reasonable period of time, if the refund is due or, where appropriate, the replacement thereof.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the User will always be entitled to the rights recognized in the legislation in force at any time, as a consumer and user.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that may be acquired through this Website, in the legally established terms for each type of product, answering My Berry Own, therefore, to the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided if: they conform to the description made by My Berry Own and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, he / she must proceed as indicated in the section Returning defective products or shipping error.
9. Disclaimer
Unless otherwise provided by law, My Berry Own will not accept any responsibility for the following losses, regardless of their origin:
- Any losses that are not attributable to any breach by My Berry Own’s part
- Business losses (including loss of earnings, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred), or any other indirect loss that was not reasonably foreseeable by both parties at the time that the contract of sale of the products between both parties was formalized.
Likewise, My Berry Own also limits its liability in the following cases:
My Berry Own applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or browser problems that may occur. use or others of this nature.
My Berry Own will act with the utmost diligence in order to make available to the carrier company the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general, any other characteristic of the sector, resulting in delays, losses or theft of the product.
Technical failures that due to fortuitous or other causes prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. My Berry Own puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however, it disclaims responsibility for causes that are not attributable to it, fortuitous event or force majeure .
My Berry Own will not be responsible for the misuse of products that have been used by the User. At the same time, My Berry Own will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the product correctly.
In general, My Berry Own will not be liable for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat of war preparations.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and My Berry Own will have an extension of the period to fulfill them for a period of time equal to the duration of the cause of force majeure. My Berry Own will use all reasonable means to find a solution that will fulfill its obligations despite the force majeure.
10. Written communications and notifications
By using this Website, the User accepts that most communications with My Berry Own will be electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use these electronic means of communication and recognizes that any contract, notification, information and other communications that My Berry Own sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with My Berry Own through the contact details provided in these Conditions and, where appropriate, through the Website’s means of contact.
Likewise, unless otherwise stipulated, My Berry Own may contact and / or notify the User by email or at the postal address provided.
11. Waiver
No waiver of My Berry Own to a specific legal right or action, or the lack of requirement by My Berry Own of the strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or Conditions, nor will the User exonerate the fulfillment of his / her obligations.
No waiver of My Berry Own to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and formalized and communicated to the User in writing.
12. Nullity
If in any of these Conditions were declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. Entire Agreement
These Conditions and any document referred to expressly in them, constitute the entire agreement existing between the User and My Berry Own in relation to the object of sale and replace any other agreement or previous promise agreed verbally or in writing by the parts.
The User and My Berry Own acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. Data protection
The information or personal data that the User provides to My Berry Own in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Legal Notice, Terms and Conditions and Privacy Policy). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. Applicable legislation and jurisdiction
The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between My Berry Own and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. Complaints and claims
The User can send to My Berry Own their complaints, claims or any other comment that they wish to make through the contact information provided at the beginning of these Conditions (General Information).
The user can download a model of official claim form through the website of the General Consumer Authority of each Autonomous Community.
Likewise, if a dispute arises between the conclusion of this purchase contract between My Berry Own and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with current legislation on this matter.
