https://Palomaplanners.com/

1. GENERAL INFORMATION

The ownership of this website https://Palomaplanners.com/ (hereinafter, the Website) belongs to: Paloma Stationary SL, with CIF: B19986140, and registered in: Calle Nuñez de Balboa, N* 120, CP.- 28006, Madrid, España;  whose registry information is: , and whose contact details are:

Address: Calle Nuñez de Balboa, N*120, CP.- 28006, Madrid, España

Contact email: [email protected]

This document (as well as other documents mentioned herein) governs the terms by which the use of this Website (https://Palomaplanners.com/) and the purchase or acquisition of products and/or services on it are regulated (hereinafter, the Terms).

For the purposes of these Terms, it is understood that the activity Paloma Planners carries out through the Website includes:

Marketing and distribution of planners, notebooks, pens, and related content.

In addition to reading these Terms, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of Paloma Planners. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Terms and everything mentioned above, so if you do not agree with any of it, you should not use this Website.

It is also noted that these Terms may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as the applicable terms will be those in effect at the time of the product and/or service request.

For any questions the User may have regarding the Terms, they can contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

Access, browsing, and use of the Website confer the condition of user (hereinafter referred to, interchangeably, individually as User or collectively as Users), and from the start of browsing the Website, all the Terms set out here, as well as their subsequent modifications, are accepted, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the proper use of the Website. This responsibility extends to:

• Using this Website solely for legally valid inquiries and purchases or acquisitions.
• Not making any false or fraudulent purchases. If it can reasonably be considered that a purchase of this kind has been made, it may be canceled, and the relevant authorities will be informed.
• Providing truthful and lawful contact information, such as an email address, mailing address, and/or other data (see Legal Notice and General Terms of Use).

The User declares to be over 18 years old and to have the legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Spain. Paloma Planners does not guarantee that the Website complies with the legislation of other countries, either wholly or partially. Paloma Planners disclaims any liability that may arise from such access, as well as it does not guarantee shipments or service provisions outside of Spain.

The User may formalize, at their choice, with Paloma Planners the purchase contract for the desired products and/or services in any of the languages in which these Terms are available on this Website.

3.

PURCHASE OR ACQUISITION PROCESS

Duly registered Users can make purchases on the Website through the established means and methods. They must follow the online purchase and/or acquisition procedure at https://Palomaplanners.com/, during which various products and/or services can be selected and added to the cart, basket, or final purchase space, and finally, click on: “Buy and Pay Now.”

Additionally, the User must fill in and/or verify the information requested at each step, though, during the purchase process, before making the payment, the purchase details can be modified.

Subsequently, the User will receive an email confirming that Paloma planners has received their order or purchase request and/or service provision, that is, the order confirmation. If applicable, the User will also be informed via email when their purchase is being shipped. These details may also be available to the User through their personal account on the Website.

Once the purchase procedure is completed, the User consents to the Website generating an electronic invoice, which will be sent to the User via email and, if applicable, through their personal account on the Website. Likewise, if the User desires, they can request a paper copy of their invoice by contacting Paloma planners using the contact forms on the Website or the contact details provided above.

The User acknowledges that, at the time of purchase, they are aware of certain specific sales conditions related to the product and/or service in question, which are displayed alongside the presentation or, if applicable, the image of it on the Website, including but not limited to: name, price, components, weight, quantity, color, product details, features, the way the services will be provided and/or the cost of the services; and acknowledges that placing the order constitutes full and complete acceptance of the specific sales conditions applicable to each case.

Communications, purchase orders, and payments made during transactions on the Website may be archived and stored in Paloma planners’ computerized records as proof of the transactions, always respecting reasonable security conditions and the current laws and regulations applicable to this matter, particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR), and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, as well as the rights granted to Users under the privacy policy of this Website.

Unless expressly stated otherwise, Paloma planners is not the manufacturer of the products sold or marketed on the Website. While Paloma planners makes great efforts to ensure the information displayed on the Website is correct, the packaging and/or materials and/or components of the products may contain additional or different information from what appears on the Website. Therefore, the User must not only consider the information provided by the Website but also the information available on the labeling, warnings, and/or instructions accompanying the product.

The User acknowledges that Paloma planners displays a range of services of interest that are not directly provided to Users by the owner but will be contracted and delivered by a third party different from Paloma planners.

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AVAILABILITY

All purchase orders received by Paloma planners through the Website are subject to the availability of the products and/or the absence of any circumstance or force majeure (clause nine of these Terms) affecting their supply and/or the provision of services. If there are difficulties in supplying products or if they are out of stock, Paloma planners commits to contacting the User and reimbursing any amount that may have been paid. This will also apply in cases where the provision of a service becomes impossible.

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PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€), and include taxes unless otherwise required by law, especially concerning VAT.

Shipping costs are included in the final product prices as shown on the Website. Thus, Paloma planners provides delivery and/or shipping services through: Correos.

However, unless otherwise indicated, the prices of the items offered do not include any shipping costs, which may be incurred, and will be added to the total amount when the User completes the shipping process. The User can review available shipping methods and costs and choose the one that best suits their needs.

The Website will never automatically add additional costs to the price of a product or service, except for those that the User has selected voluntarily.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already completed the purchase process, as indicated in paragraph one of clause three, and received an order confirmation.

Accepted payment methods are:

• Credit or debit card
• PayPal
• Bank transfer
• Cash on delivery
• Gift card and/or credit voucher issued by Paloma planners and/or Alexis Segura Pérez

Paloma planners uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions on the Website. As such, the Website uses an SSL (Secure Socket Layer) secure payment system.

Credit cards are subject to verification and authorization by the issuing bank. If the bank does not authorize the payment, Paloma planners will not be responsible for any delays or non-delivery and will not be able to formalize any contract with the User.

Once Paloma planners receives the purchase order from the User via the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made when the User is sent the shipping confirmation and/or confirmation of the service provided.

If the payment method is PayPal, gift card, or credit voucher, the charge will be made when Paloma planners sends a purchase order confirmation for products and/or services to the User.

In any case, by clicking “Buy and Pay Now,” the User confirms that the payment method used is theirs or that they are the legitimate holder of the gift card or credit voucher.

Purchase orders in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be processed. When the system receives the transfer, the order will be prepared and dispatched.

With this payment method, the User must ensure that they enter the exact order amount, as well as the account number and transfer reference. In case of error, Paloma planners will not be able to validate the order, and it will be canceled.

For cash-on-delivery payments, the User must select “Cash on Delivery” among the payment methods on the Website and continue to “Buy and Pay Now” to submit the purchase order. At this point, Paloma planners reserves the right to contact the User to validate the purchase. After this, the order will be prepared and dispatched.

The payment will be made upon delivery of the order by the courier. Payment must be made in cash only. The User agrees to provide the exact amount of the order to the courier, as they will not be able to give change.

For refunds on orders paid by cash on delivery, Paloma planners reserves the right to process the refund within 14 calendar days after the return request is submitted through the Website and the package has been returned to the courier. To receive the refund, the User must provide their bank details, and the refund will be processed via bank transfer.

Paloma planners reserves the right to suspend cash-on-delivery payments for Users who have not met the necessary requirements in past orders.

6.

DELIVERY

In cases where physical delivery of the contracted good is required, deliveries will be made within the following territories:

• Spain (Peninsula and Balearic Islands)
• Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta, and Melilla)
• Spain (Peninsula and Balearic Islands), European Union
• Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta, and Melilla), European Union
• Spain (Peninsula and Balearic Islands), European Union, Rest of Europe
• Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta, and Melilla), European Union, Rest of Europe
• Worldwide

Except in cases of unforeseen or extraordinary circumstances, or if due to the customization of products, the purchase order consisting of the products listed in each order confirmation will be delivered within the timeframe indicated on the Website based on the shipping method selected by the User, and in any case, within a maximum of 30 calendar days from the date of the order confirmation.

If for any reason, attributable to Paloma planners, delivery cannot be met on the scheduled date, the User will be contacted to inform them of this situation. The User may then choose to continue with the purchase by setting a new delivery date or cancel the order for a full refund. In any case, home deliveries are made on business days.

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the courier will leave a notice explaining where the order is and how to arrange a redelivery.

If the User will not be at the delivery location at the agreed time, they must contact Paloma planners to arrange delivery for another day.

If 30 days pass from when the order is available for delivery and it has not been delivered for reasons not attributable to Paloma planners, it will be understood that the User wishes to withdraw from the contract, and the contract will be considered terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for additional costs resulting from the User’s choice of a delivery method other than the least expensive standard delivery offered on the Website, without undue delay, and in any case, within a maximum of 14 calendar days from the date the contract is considered terminated.

However, the User should be aware that the transportation resulting from the termination may incur additional costs, which could be charged to them.

For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the moment when the User or a third party indicated by the User takes physical possession of the products, which will be evidenced by the signing of the order receipt at the agreed delivery address.

The risks of the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Paloma planners receives full payment of all amounts due in relation to the purchase, including shipping costs, or at the time of delivery if this occurs after Paloma planners has received the full payment.

In accordance with the provisions of Law 37/1992, of December 28, regarding the Value Added Tax (VAT), purchase orders for delivery will be considered located in the territory where Spanish VAT applies if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at the time for each specific item.

Similarly, in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006, regarding the common system of VAT, purchase orders will be located for delivery within the Member State of the European Union where the delivery address is located, and the applicable VAT will be the rate in force in that Member State.

For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT under the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of corresponding taxes and duties in accordance with the current regulations in these territories. The User should note that in these territories, taxes and customs duties may apply at the destination, and these may be charged to the User.

For other locations, different from the aforementioned, where the purchase orders are located for delivery, the regulations in force at the time will apply. The User should note that this may generate the application of taxes and customs duties at the destination, in accordance with the regulations in force, and these may be charged to them. For more information, the User should contact the customs office at the destination.

9.

DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Paloma planners shall not be liable for the following losses, regardless of their origin:

• Any losses that are not attributable to any failure on its part;
• Business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); or
• Any other indirect losses that were not reasonably foreseeable by both parties at the time the contract for the sale of the products between the two parties was formalized.

Likewise, Paloma planners also limits its liability in the following cases:

• Paloma planners applies all measures to provide an accurate display of the product on the Website, but it is not responsible for minor differences or inaccuracies that may exist due to screen resolution issues, browser problems, or other such factors.
• Paloma planners will act with the utmost diligence to make the product available to the transportation company handling the purchase order. However, it is not responsible for damages caused by transportation failures, especially due to strikes, roadblocks, or other issues inherent to the sector that result in delays, losses, or theft of the product.
• Technical failures, whether due to fortuitous causes or otherwise, that prevent normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, preventing access to the service. Paloma planners will do everything in its power to carry out the process of purchase, payment, and shipping/delivery of the products but is exempt from liability for causes beyond its control, acts of God, or force majeure.
• Paloma planners is not responsible for improper use and/or wear of the products used by the User. Likewise, Paloma planners is not responsible for incorrect returns made by the User. It is the User’s responsibility to return the correct product.
• In general, Paloma planners will not be liable for any failure or delay in the performance of any obligations assumed when caused by events beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:
  • Strikes, lockouts, or other labor-related actions.
  • Civil unrest, riots, invasions, terrorist threats or attacks, war (declared or not), or the threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
  • Impossibility of using trains, ships, airplanes, motor transports, or other means of transportation, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

In such cases, obligations will be suspended during the period that the force majeure event continues, and Paloma planners will have an extension of time to fulfill them for a period equal to the duration of the force majeure. Paloma planners will use all reasonable means to find a solution that allows them to fulfill their obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Paloma planners will be electronic (email or notices posted on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent by Paloma planners electronically comply with the legal requirement of being in writing. This condition does not affect the User’s legal rights.

The User may send notifications and/or communicate with Paloma planners through the contact details provided in these Conditions, and if applicable, through the Website’s contact spaces.

Similarly, unless otherwise stipulated, Paloma planners may contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No waiver by Paloma planners of any right or legal action or the failure by Paloma planners to require strict compliance by the User with any of its obligations shall constitute a waiver of other rights or actions arising from a contract or from the Conditions, nor shall it exempt the User from complying with its obligations.

No waiver by Paloma planners of any of these Conditions or rights or actions arising from a contract shall be effective unless expressly stated as a waiver and communicated in writing to the User.

12. SEVERABILITY

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, unaffected by such declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Paloma planners concerning the sale of goods and supersede any prior verbal or written agreements or promises between the same parties.

The User and Paloma planners acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The personal information or data provided by the User to Paloma planners during a transaction on the Website will be treated in accordance with the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is accurate.

15. APPLICABLE LAW AND JURISDICTION

Access, browsing, and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish law.

Any dispute, issue, or disagreement arising or related to the access, browsing, and/or use of the Website or the interpretation and execution of these Conditions, or the sales contracts between Paloma planners and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts.

16. COMPLAINTS AND CLAIMS

The User may submit complaints, claims, or any other comments to Paloma planners through the contact details provided at the beginning of these Conditions (General Information).

Additionally, Paloma planners has official complaint forms available to consumers and users, which can be requested from Paloma planners at any time using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a dispute arises from this sales contract between Paloma planners and the User, the User, as a consumer, may seek an out-of-court settlement of disputes in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters, amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. Access to this method is available through the following website: https://ec.europa.eu/consumers/odr/.