Legal - IceCream Marketing Shop
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Terms and Conditions

To process an order in the online store https://icecreammarketingshop.com/ it will be essential to accept the following terms and conditions:

2. INTELLECTUAL AND INDUSTRIAL PROPERTY.

The General Contracting Conditions contained in this document are applicable to all commercial transactions carried out through the online store, whose owner is ICE & CREAM FLAVORS SL, with CIF B88646641 and domiciled at C / ISLA DE JAVA, 24-5ª Planta 28034 MADRID, Spain (hereinafter IceCream).

For the purposes of this document, the contact telephone number is 91 368 86 04 and the contact email is info@icecream.mk

1. IDENTIFICATION.

The rights relating to industrial and intellectual property (by way of example and not limitation: trademarks, logos, texts, photographs, icons, images, as well as graphic design, source code and other software elements contained in the online store are the property of IceCream or the companies representing and manufacturers of the products offered, therefore, they are subject to intellectual and industrial property rights protected by Spanish and international legislation.

Without the prior written authorization of IceCream or, where appropriate, of the representative or manufacturer of the product that owns the rights, it is not allowed to use, reproduce, transmit, manipulate, as well as any use that exceeds normal use and necessary for the visit of the page and the use of the services offered.

Access to the supplied products does not imply on the part of IceCream the waiver, transmission or total or partial cession of the rights derived from intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents. without the prior and express written authorization of the respective holders of said rights, without prejudice to the right to view and obtain a private security copy of such content, provided that said right is exercised according to the principles of good faith and provided that it is maintained Unchanged the intellectual and industrial property of the owner of such rights, it is used for non-commercial purposes and exclusively for the user's personal information.

The responsibility derived from the use of materials protected by the intellectual and industrial property rights contained in this page will correspond exclusively to the user.

3. PURPOSE AND ACTIVITY..

IceCream through its online store is dedicated to the sale and distribution of web creation products / services, online store (ecommerce), landing pages, blogs, web / ecommerce maintenance, social media, SEO positioning, SEM / Social Ads management , content writing, corporate material design, photo sessions, marketing packs and other advertising services, graphic design and stationery printing.

4. UPDATING THE WEBSITE REFERRING TO HIRING.

IceCream reserves the right to make modifications and updates to the services, prices, promotions and other conditions contained in the website and the online store.

IceCream, within its means, ensures that the information offered on the website is truthful and appears without typographical errors. In the event of a typographical error, beyond the control of IceCream, it will be corrected immediately. If it happens that a customer decides to make a purchase based on an error of this type, IceCream will immediately inform him of said error, and both parties may cancel the purchase at no cost as long as the existence of said error is justified.

5. LANGUAGE AND DURATION OF THE CONTRACT. MINIMUM AGE OF HIRING.

Regardless of the possible translations of the section of these general conditions of sale, the official language of the contract will always be the Spanish version.

As contract duration we understand all the phases between the initial order request until the effective delivery of the products or services requested by IceCream and the total payment of the agreed price by the client, taking into account the permanence periods, if any.

According to article 1263 of the Civil Code, non-emancipated minors and the disabled cannot enter into distance sales contracts without the express consent of their parents or guardians.

By accepting these general conditions of sale, the Client declares to be of legal age (at least 18 years) and have the legal capacity to acquire the products and services offered through the website and the online store and that he understands and understands the general conditions in their entirety.

6. LEGAL GUARANTEE AND AFTER-SALE SERVICE..

In his capacity as consumer and end user, the Customer of our online store has, apart from the rights described here You, all legal rights under Spanish and European legislation regarding the sale of the products and services indicated in this section. We inform you that these legal rights can never be affected by these Terms and Conditions.

In any case of defective product, we inform you that according to current regulations the seller must proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, steps that will be free for the consumer and end user. IceCream is liable for any lack of conformity that appears within a period of two years from delivery. Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after the product was delivered, be it new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

The consumer and end user must inform the seller of the lack of conformity within two months after he became aware of it. In the event that the consumer and user do not communicate the lack of conformity within a period of two months, they will be presumed responsible for the damages or losses actually caused by the delay in said communication.

7. ACCURACY OF DESCRIPTION OF PRODUCTS AND SERVICES

Although it is our commitment to optimize the accuracy of any information regarding the characteristics, qualities, images, etc. of the products and services published in this online store, our company does not expressly guarantee the total precision, reliability or completeness of said information that could sometimes be altered by differences in the configurations of the different types of browsers used to access our Online store.https://icecreammarketingshop.com/politica-de-cookies/

In any case, that the customer considers that the product or service purchased does not correspond exactly to the item shown in the catalog of our online store, he may return it according to the terms and form described here (see section 'Returns and cancellations') without being able to claim any another thing in concept of damages or prejudices.

8. HOW TO BUY

Once the product or service that you wish to contract has been selected and added to the shopping cart, the client must complete the payment process indicating their personal data (name and surname, e-mail, telephone), as well as the credit card data with which the payment will be made.

The fees for the contracted service will be charged to the credit card provided by the User.

The User is obliged to communicate to IceCream the changes produced with respect to the bank details communicated to the contracting of the service, before they come into force, and to undertake the necessary collaborative actions (such as, for example, the granting of an order SEPA).

The expenses generated to IceCream due to the delay in communication must be assumed by the User. In case of transfer of the account abroad, IceCream reserves the right to cancel the service for a well-founded reason. In the event of non-payment or return of receipts, IceCream may pass on to the defaulting User the corresponding legal and administrative expenses, as well as the interest for late payment for tax purposes increased by two points.

The User must notify IceCream of any undue or fraudulent charge on the card used for the purchase or through the email info@icecream.mk in the shortest time possible so that IceCream can take the appropriate steps.

For security reasons and to avoid possible fraud, in some cases IceCream may need additional verifications. IceCream will contact the User by phone or email to request additional documentation. In these cases, the User must provide IceCream with a photocopy of the documentation requested within 48 hours of the communication in order to validate the contracting of the service.

9. FORMS OF PAYMENT

Payment with VISA, AMERICAN EXPRESS, MASTERCARD credit cards is accepted. The person responsible for any transaction with payment cards through this payment gateway is IceCream.

10. SECURITY OF TRANSACTIONS

IceCream uses a payment gateway that includes information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these ends, the user / client accepts that the provider obtains data for the purposes of the corresponding authentication of access controls.

Any hiring process or that involves the introduction of personal data (health, ideology, etc.) will always be transmitted through a secure communication protocol (HTTPS: //) in such a way that no third party has access to the information transmitted electronically.

11. SHIPPING AND DELIVERY

IceCream undertakes to deliver the products contracted by the User, at the address indicated by the User for this purpose. In the event of omission or error in the completion of said data, IceCream is not responsible for the inconveniences caused and the costs of re-dispatch derived will be borne by the User. In no case will shipments be made to post office boxes and call centers.

In the case of contracting services, the date plan will be followed (initial demo presentation, deadlines for modifications, presentation of the finished product and putting it online if applicable) agreed between IceCream and the client.

The delivery time of the parts will be indicated for each product and service. In the event that reasons of force majeure do not allow the delivery of the order within the established period, IceCream undertakes to inform the User as soon as possible of the new expected delivery date, leaving IceCream, in this case, released from the commitment of indicated deadlines. At the time of receipt, the User must check that the product or service matches in quantity and type with what is requested. If there is any discrepancy, the user must indicate it to IceCream as soon as possible.

12. RETURNS AND CANCELLATIONS

Cancellation of Services by Subscription

The request for cancellation of Subscription Services offered by IceCream (Web Services, Store / E-commerce Services, SEO Services, Social Media Services, Campaign Pack Services) must be informed 15 calendar days in advance with respect to the next billing date of the service. The channel to request the cancellation of the Service will be by email to your contact advisor, indicating the customer data (name and surname, customer number, service that you wish to request the cancellation). If the 15 days notice is not met, the next scheduled invoice will be charged and the cancellation will be made in the next period to be invoiced. If any service has been contracted with the ANNUAL PAYMENT modality, the withdrawal must be requested 15 days in advance of the end of the period of the year. Otherwise, the collection of another full year of service will be carried out.

Failure to comply with the 15 days prior notice by the client will make him lose the right to claim a refund of the invoiced amount, which does not exempt IceCream from delivering and / or performing the contracted services in that month in question.

Right of Withdrawal We inform you that in accordance with current regulations on distance purchases, you have a period of 14 calendar days, counting from the date of delivery of the products or services, to return them in the event that for some reason they do not You are satisfied with your request (According to article 68-79 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) .

In order for you to exercise your right to cancel the purchase, all returned products must be in perfect condition and with their initial packaging, otherwise, the property may suffer a depreciation.

We inform you that web design services, content, graphic design, social media management, SEO or positioning services, online campaigns, online marketing, that the client has previously approved, are strictly excluded from the right of withdrawal of purchase by the client.

To exercise your right of withdrawal, you can contact us using the contact information that appears at the beginning of this section.

Refund

The reimbursement period is 14 calendar days from the communication of withdrawal, although this will not be made until the items have been received and verified that the user has not carried out any manipulation other than that necessary to establish the nature, characteristics and operation of the articles.

Refunds will be made through the same payment method in which the purchase was made and in the shortest possible time from receipt and approval of the withdrawal request by IceCream.

Cancellation of Purchases. The user can cancel the purchase process as long as it has not been processed in its entirety. In order to ensure such cancellation by the customer, it is advisable to immediately contact IceCream by email or phone.

If the process of canceling the contracting of products or services generates a charge, this must be assumed by the client.

13. DATA PROTECTION

Generalities. In compliance with the provisions of current regulations on Protection of Personal Data, we inform you that your personal data will be processed by IceCream, as responsible for the treatment for the purpose of the administrative, commercial and fiscal management of the orders placed through our online store as well as the commercial actions derived from the management of our clients.

We inform you that in compliance with current regulations on the protection of personal data, your data will be communicated to the courier companies and other transport companies that will carry out the home delivery service under our order. In the same way, our hosting and maintenance providers of our online store can potentially have access to your data. Our company will take all the necessary measures to guarantee compliance with current regulations on data protection on the data of our customers by our suppliers.

Likewise, we inform you that except legal obligation or express consent on your part that IceCream will not transfer your data to third parties other than those, where appropriate, identified here.

You have the right to obtain confirmation about whether IceCream is treating your personal data, therefore you have the right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary as well as exercise the other rights collected by the regulations as explained in the additional information. You can exercise the rights mentioned in the terms established in the current regulations by going to the address, e-mail or telephone number indicated at the beginning of this section. Likewise, you can request from the same contact information, additional detailed information about our data protection policy.

Likewise, you can consult our additional information on our website. Legal scope of use of customer email addresses. Clients, by registering as such and purchasing our products, will receive promotions by e-mail, as well as newsletters about news. This service is subject to the provisions of article 21.2 of Law 34/2002, on Services of the Information Society and electronic commerce, modified by Law 32/2003, of November 3, General Telecommunications that authorizes the sending commercial communications electronically when there is a prior contractual relationship and products or services similar to those that were contracted are advertised. However, all commercial communications sent by IceCream will be clearly identifiable as such through the reference "advertising" at the beginning of the body of the message and will identify IceCream as the entity responsible for the delivery. Each shipment will provide a simple and free means for the recipient to unsubscribe from the commercial communications system by e-mail.

14. APPLICABLE LEGISLATION

Commercial transactions carried out with IceCream are subject to Spanish law. Laws of application to the matter: Law 7/2017, of November 2, which incorporates into the Spanish legal system Directive 2013/11 / EU, of the European Parliament and of the Council, of May 21, 2013, on alternative dispute resolution in matters of consumption.

Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16.

Regulation (EU) No. 524/2013 of the Parliament and of the Council, of May 21, 2013

Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce and Law 32/2003, of November 3, General Telecommunications.

Law 7/96, of January 15, on the Regulation of Retail Trade (LO 2/1996, of January 15, Complementary to the Regulation of Retail Trade, Law 47/2002, of December 19, reforming Law 7 / 1996 and Law 1/2010, of March 1, reforming Law 7/1996)

Law 7/1998 on General Contracting Conditions. General Regulation UE 2016/679 on Protection of Personal Data and Free Circulation of Data. Organic Law 3/2018, of December 5, on Protection of Personal Data and Guarantees of Digital Rights.

How many legal provisions are applicable.

In case of conflict or disagreement in the interpretation or application of these General Contracting Conditions, the Courts or Tribunals that hear the matter will be those provided by the applicable regulations on jurisdiction. However, the consumer is informed that according to article 52.3 ('' Territorial jurisdiction in special cases '') of the Ley 1/2000, of January 7, of Civil Procedure, when the rules of territorial jurisdiction on the general jurisdiction and special cases are not applicable to litigation derived from the exercise of individual actions of consumers or users, it will be competent, to choice of the consumer or user, the court of their domicile or the corresponding court in accordance with articles 50 and 51 of the aforementioned Law.

In the event that the buyer is domiciled outside of Spain, both parties will submit to the Courts and Tribunals of MADRID (Spain).

15. BUSINESS OBLIGATION OF INFORMATION ABOUT THE ENTITIES ACCREDITED FOR ALTERNATIVE RESOLUTION OF DISPUTES IN THE MATTER OF CONSUMPTION (article 40, Law 7/2017, of November 2)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform that can be used in any case of discrepancy, conflict, etc. between the consumer and our business. Access to this online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/.

The online dispute resolution platform can only be used by consumers residing in the EU. For more information about the process, you can consult the following link: https://ec.europa.eu/consumers/odr/main/index.cfm? event=main.home2.show&lng=ES