Español
1. Definitions
These general terms and conditions of sale regulate comprehensively all sales transactions that can be offered from the website www.ANCESTRIAS.shop of which is owned by Maria Clara VAQUER (hereinafter ANCESTRIAS), with Tax Identification Number or Code No. Y9402635L, registered office in Calle Cariñena 1, Portal 3, Bajo D - La Cala Del Moral (29720) - Malaga.
These terms and conditions can be modified by Ancestrias at any time, being the user informed of the existence of any new version of these containing substantial changes.
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of the Ancestrias website and the purchase or acquisition of products in it.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the user must have read the Legal Notice, Cookies Policy, and Privacy Policy.
By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the aforementioned, and therefore, if he/she does not agree with all of the above, he/she should not use this Website.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time of requesting the acquisition of the services will be applicable.
For any questions that the User may have in relation to the Conditions, he/she can contact the owner at hola@ANCESTRIAS.shop.
2. Sales Channels
Ancestrias offers its products through the following sales channels to the public:
- Website: www.ANCESTRIAS.shop
3. The User
The access, the navigation and use of the Web site, confers the condition of user, for what they are accepted, since the navigation begins for the Web site, all the Conditions here established, as well as its later modifications, without prejudice of the application of the corresponding legal regulation of obligatory fulfillment according to the case.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
- To make use of this Website only to make enquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchases.
- Provide truthful and lawful contact details, e.g. email address, postal address or other details.
- The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
- The Website is primarily intended for Users residing in Spain. ANCESTRIAS makes no representation that the Website complies with the laws of other countries, either in whole or in part.
4. Applicability of the Terms and Conditions
These Terms and Conditions apply to:
- Consumers who purchase products or services for private use, in no case for persons who hold the status of entrepreneur or professional.
- Final Consumers shall be considered to be all those who are not acting as professionals and/or entrepreneurs with a commercial, business or professional purpose.
5. Object
The purpose of these conditions is to regulate the contractual terms for the purchase of products, the consideration owed by the user to ANCESTRIAS, as well as the use of the service by the user.
6. Conditions of Access and Purchase
Access to the Ancestrias portal of the products offered is free and attributes to the user the condition of User, regardless of subsequent use.
The acquisition of the products in www.ANCESTRIAS.shop will only be able to be done by users older than eighteen (18) years, who will have to follow the steps and instructions that will accompany the whole process of purchase, consisting, to way merely enunciative:
1. Completion of the registration form;
2. On-screen display of the order summary, delivery conditions and - where applicable - shipping costs;
3. Acceptance of the purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of the present General Conditions, as well as, if applicable, of the existing Particular Conditions.
7. Orders Through The Website
No valid order can be placed without expressly accepting, through the boxes provided for this purpose, the terms and conditions and privacy policy of ANCESTRIAS.
All orders will be considered offers to purchase subject to these terms and conditions. ANCESTRIAS reserves the right to accept them if the requirements set out in these terms and conditions are not met.
Once an order has been placed, the system automatically generates a confirmation of receipt of the order. However, this confirmation does not imply automatic acceptance of the order, as ANCESTRIAS reserves the right to collect additional information related to identity and address to ensure both the correct delivery of the order and to ensure the absence of fraud related to transactions.
Orders can be placed 365 days a year, at any time, except at times when the service is suspended for maintenance or other commercial circumstances and/or force majeure.
Any order is subject to product availability. In the event that it is not possible to deliver an order due to supply problems or insufficient stock, the user will have the option to wait until the product is available or cancel the order.
8. Price
It is understood that the price of each product is the price marked on the available product as it appears on the website at the time of placing each order. The user must pay the marked price, including applicable taxes, along with shipping costs, which will be added to the final price to be paid.
9. Payment
Payment of the order shall be made immediately, unless the parties have made other agreements on this or a different payment term is indicated on the invoice.
The terms of payment are considered strict. This means that if the customer has not paid the agreed amount by the last day of the deadline, he will be considered in default and in default by law, without ANCESTRIAS having to send the customer a reminder or notice of default.
ANCESTRIAS reserves the right to make delivery subject to immediate payment or to demand security for the full amount of the services or products.
In addition, a delay in payment of more than one month or the temporary suspension of services on two occasions due to late payment will entitle ANCESTRIAS to the definitive interruption of the services and the corresponding termination of the contract, with 15 days prior notice, being able to request, where appropriate, compensation for early cancellation of these General Conditions and payment of damages that may be caused as a result of non-compliance.
10. Payment Methods
The accepted payment methods are: Paypal, Stripe or bank transfer.
ANCESTRIAS reserves the right to change the payment methods, and may create new ones or eliminate any of the existing ones, without the ANCESTRIAS user/customer being able to make any claims for this reason. However, if the change in the method of payment affects an order already placed, ANCESTRIAS will contact the user/customer to inform him/her of the change, offering him/her the option to cancel the order if he/she considers it convenient.
11. Right of Withdrawal
The End Consumer has the right to withdraw from the contract concluded via
within 14 calendar days without giving any reason.
The withdrawal period shall expire 14 calendar days after the day on which the Consumer or a third party other than the carrier and indicated by the Consumer has acquired physical possession of the goods.
In order to exercise the right of withdrawal, the Consumer must give notice of his decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
In order to meet the withdrawal deadline, it is sufficient for the communication concerning the User's exercise of this right to be sent before the expiry of the withdrawal period.
In case of withdrawal, ANCESTRIAS will refund all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the least expensive ordinary delivery method offered) without undue delay and, in any case, no later than 14 calendar days from the date on which the User informs ANCESTRIAS of his decision to withdraw from the contract.
ANCESTRIAS will proceed to effect such refund using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, the User will not incur any charges as a result of the refund.
ANCESTRIAS may withhold the refund until it has received the goods, or until the User has provided proof of return of the goods, whichever condition is met first.
The Consumer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
It is hereby specified that any products which are not sealed after delivery or which may be subject to return for sanitary reasons or health protection purposes shall not be subject to withdrawal (including, but not limited to, any beauty care Products if their cover or closure is removed).
The right of withdrawal shall not apply to contracts relating to:
- The supply of goods the price of which is dependent on financial market fluctuations beyond ANCESTRIAS's control.
- The supply of goods made to the specifications of the consumer and user or clearly personalised.
- The supply of goods that are likely to deteriorate or expire quickly.
- The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
- The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
- The supply of alcoholic beverages whose price has been agreed at the time of concluding the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the seller's control.
- Contracts in which the consumer and user has specifically requested the seller to visit him for urgent repairs or maintenance.
- The supply of sealed sound or video recordings or sealed computer software which has been unsealed by the consumer and user after delivery.
- The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
- The supply of digital content which is not supplied on a tangible medium where performance has commenced with the prior express consent of the consumer and user with the knowledge that he/she loses his/her right of withdrawal as a result.
12. Technical Means of Correcting Errors
Likewise, this information may also be corrected by the User through his or her personal connection space on the Website using the contact details provided in the first clause (General Information).
The User is informed that in the event that he/she detects that an error has been made when entering the data necessary to process his/her purchase request on the Website, he/she may modify the information provided by the User in the following way.
In any case, the User has access to the space, cart or basket where their purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification in accordance with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights.
13. Intellectual Property
ANCESTRIAS retains, itself or on behalf of its suppliers as appropriate, all intellectual property rights (including copyright, patent rights, trademark rights, design and layout rights, etc.) to all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, etc., unless otherwise agreed in writing by the parties.
The Customer may not copy the aforementioned intellectual property rights or cause them to be copied or copied to third parties or made available to third parties or used in any other way without the prior written permission of ANCESTRIAS or its suppliers as appropriate.
14. Customer Service
ANCESTRIAS has a customer service to deal with your complaints, queries, or to request warranties and enforce the right of withdrawal.
Users may address their complaints, claims or requests for information by sending an e-mail to hola@ANCESTRIAS.shop.
All doubts and especially complaints and suggestions will be dealt with as quickly as possible, without exceeding in any case the deadlines established by current legislation.
Likewise, you will have proof of the same by means of the delivery of a written receipt, on paper or any other durable medium.
15. ANCESTRIAS's Liability
ANCESTRIAS is only liable for any damage suffered by the customer to the extent that such damage is caused by intent or deliberate recklessness.
If ANCESTRIAS is liable for any damage, the liability will only extend to direct damage resulting from or in connection with the execution of an agreement.
ANCESTRIAS is never liable for indirect damages, such as consequential damages, lost profits, lost savings or damages to third parties.
If ANCESTRIAS is liable, this liability is limited to the amount paid by a liability insurance and in the absence of payment by an insurance company of the amount of damages, the liability is limited to the amount of the invoice.
All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
16. Modification of Terms and Conditions
ANCESTRIAS is entitled to change or supplement these general terms and conditions.
Minor changes may be made at any time.
Major substantive changes will be discussed with the customer as far in advance as possible.
Consumers have the right to terminate the agreement in case of a substantial change in the general terms and conditions.
17. Protection of Personal Data
ANCESTRIAS is the Controller of the processing of the User's personal data and informs you that this data will be processed in accordance with the provisions of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPD) and Regulation (EU) 2016/679 of 27 April 2016 (RGPD) on the protection of individuals with regard to the processing of personal data and the free movement of such data, for which you are provided with the following processing information:
- Purpose of processing
To maintain a commercial relationship with the user.
- Data collected
The personal data collected on this site are as follows:
1. Account opening: when creating the user's account, email address,
2. Login: when the user connects to the website, it records, in particular, your last name, first name, access data, usage data, location.
3. Profile: the use of the services provided on the website allows the user to enter a profile, which may include an address and a telephone number.
4. Communication: when the website is used to communicate with other members, data relating to the user's communications are stored temporarily.
5. Cookies: Cookies are used when using the site. The user has the ability to disable cookies from the settings of your browser (see Cookies Policy).
- Use of personal data
1) implementation of user assistance;
2) personalisation of services by displaying advertisements based on the user's browsing history, according to their preferences;
3) prevention and detection of fraud, management of malware (malicious software) and security incidents;
4) management of possible conflicts with users;
5) sending commercial and advertising information, according to the user's preferences.
- Sharing personal data with third parties
Personal data may be shared with third parties in the following cases:
1) when the user uses payment services, for the implementation of these services, the website is in contact with third party banking and financial institutions with which it has concluded contracts;
2) when the user publishes publicly accessible information in the free comment areas of the website;
3) where the user authorises a third party website to access his or her data;
4) when the website uses the services of service providers to provide user support, delivery, advertising and payment services. These service providers have limited access to user data, in the context of providing these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
5) if required by law, the website may transmit data in order to file complaints against the website and to comply with administrative and judicial procedures;
- Security and confidentiality
The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of transmission or storage of personal data.
- Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending their request to the address Calle Cariñena 1 - Portal 3 - Bajo D - La Cala del Moral (29720) - Málaga or to the e-mail address hola@ANCESTRIAS.shop.
1) The right to withdraw consent at any time.
2) Right of access, rectification, portability and deletion of your data and the limitation or opposition to its processing.
3) The right to lodge a complaint with the supervisory authority (agpd.es) if you consider that the processing does not comply with the regulations in force.
18. Language of the contract
These general terms and conditions of sale are written in Spanish. In the event that they are translated into one or more foreign languages, the Spanish text shall prevail in the event of a dispute.
19. Applicable Legislation
The user undertakes to make correct and appropriate use of the services and the ANCESTRIAS website in accordance with the Law, these General Conditions, the Legal Notice and Conditions of Use of the Portal, as well as any other conditions, regulations and instructions that may be applicable.
These general contracting conditions are governed by Spanish legislation, and the Spanish Courts and Tribunals are competent to hear any questions that may arise in relation to their interpretation, application and fulfilment. The User expressly waives any other jurisdiction that, by application of the current law, may correspond and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city of the domicile of Maria Clara VAQUER.