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GENERAL TERMS AND CONDITIONS

LIBROS MICUENTO, S.L.


1.-IDENTIFICATION DATA OF THE OWNER OF WWW.MICUENTO.COM

1.1.- LIBROS MICUENTO, S.L. (hereinafter, ‘Micuento’ or the ‘Company’) is a Spanish company with registered offices in calle Llacuna, número 162, módulo 305 (08018) Barcelona, with Tax Identification Number B-66.390.576 and registered with the Companies Registry of Barcelona, in Volume 45842, Page 212, Sheet B-459624, and whose contact details are: telephone +34 935 520 and e-mail address [email protected]

1.2.- Micuento is the owner of the website www.micuento.com (hereinafter, the “Website”) , which is a web platform on which paper and electronic format books and stories are marketed, which the users themselves can personalize.


2.-OBJECT AND GENERAL INFORMATION

2.1.- These General Terms and Conditions (hereinafter, the ‘General Conditions’) establish the terms of use and access to the Website by any user (hereinafter, the ‘User’) and regulate the purchase procedure undertaken by the User for the products offered by Micuento on the Website (hereinafter, the ‘Product’ or the ‘Book’).

2.2.- Use of and access to the Website by the User represent acceptance of these General Conditions. Likewise, in order to be able to acquire any of the Products offered by Micuento, it is compulsory for the Users to complete a form with their identification data, expressly accepting these General Conditions and the Privacy and Cookies Policy. If the User has any query about the General Conditions, they may contact the Company using the identification data mentioned in section 1.2 of these General Conditions.

2.3.-This contract may be entered into in any of the languages in which the General Conditions are available on the Website, at the choice of the User.

2.4.- Micuento may modify the content of the General Conditions at any time. Notwithstanding this, the User shall be subject to the General Conditions in force on the Website at the time of contracting the Products or at the time of using and accessing the same.

2.5.-The User may access these General Conditions through the link, where they may print a copy of the same or download the file in electronic format.


3.-DURATION

3.1.-The legal relationship arising from access to and use of the Website is of an indefinite duration. Without prejudice to the above, any of the parties may end the contractual relationship whenever they so wish.

3.2.-Should Micuento modify the General Conditions, this legal relationship shall be terminated and this shall imply that the User must accept the new general conditions, if appropriate.


4.-RULES OF USE OF THE WEBSITE

4.1.-The User of Micuento undertakes to make a correct and legal use of the Website. The User must likewise abstain from using the Website for illegal or inappropriate purposes.

4.2.- The User may not use the Website for the following purposes, among others:

a) To carry out activities contrary to the Law, moral standards or public order.
b) To commit crimes, or to encourage others to do so.
c) To send advertising (“spam”).
d) To introduce or distribute computer viruses on the Internet or to upload offensive material.
e) To pirate aspects of the service or content of the Website.
f) To make false or fraudulent purchases.
g) For any purpose which is illegal, forbidden or which may harm the rights of third parties.
4.3.-The User undertakes to provide us with their precise and true identification data.

4.4.-The User declares that they are at least 18 years old and they have full legal capacity to enter into this Contract.


5.-OTHER CONTENTS

5.1.- Micuento shall not be responsible for the content of other linked websites that the Website may have which are not controlled by the Company. Likewise, it reserves the right to remove this content if by any means it becomes aware that any irregularity or illegality is committed on the linked website.

5.2.- In the event of receiving opinions which breach or may breach the law, ethics or moral standards, Micuento reserves the right to reject or remove these comments.


6.-TERRITORY

The Products offered on the Website are only available to be sent to Spanish territory, consisting of the Peninsula, the Balearics, the Canaries and Ceuta and Melilla (hereinafter, the ‘Territory’).


7.-PRODUCTS OFFERED

7.1.- Micuento shall publish the following information about the Products offered on the Website:

a) Books, stories, texts, templates to add dedications or images and other materials so that the User can personalize the book and participate in its design.
b) Information concerning the stories of the Books: for what ages they are, the language that can be chosen and how many pages they have.
c) The name of the author or authors.
d) The previewing of the personalized Book on the screen before completing the purchase.
e) The sale price and the possible offers applicable.


8.-PURCHASING PROCESS

8.1.-The User must select the Book that they prefer and fill in all the details for its personalization. Once personalized, the User will be able to preview the Book on the screen by clicking on ‘Review My Account’ and will be able to go back to make any change that they want to make by clicking on ‘Change’.

8.2.-Once the User has reviewed the Book, by clicking on ‘Buy’ they will be able to add it to the Shopping Cart where each Book added will appear together with its price. However, inside the ‘Cart’, it will be possible to remove the Book or to add other Books.

8.3.-When the User has added all the Products desired, they should check the content of the Cart and, if it is correct, they should click on ‘Complete order’ in order to access the following screen where they may complete the purchase. The User will then have to fill in the information which is requested, select the type of transport desired and choose the method of payment. On this screen, clicking on the ‘Buy’ button completes the contracting process and makes the payment become effective. Likewise, on clicking on this button, the User confirms that they are the owner or legitimate holder of the card.

8.4.-Within the 24 hours after the order has been placed, Micuento will send the confirmation of the contract (hereinafter, ‘Confirmation of Order) to the e-mail address indicated by the User. Micuento is not liable for any mistakes or if the e-mail address provided by the User to send the Confirmation of Order does not work.

8.5.- Micuento may collect the payment for the order starting from the Confirmation of Order.

8.6.-Once the purchase process is complete and the payment has been made, the User may not modify the content of the Book (personalization details, photo and dedication) or modify the shipping details which they have provided to us (name, address, telephone number, etc.).


9.-METHODS OF PAYMENT AND INVOICING

9.1.- The User may pay with a credit or debit card, using any of the following cards: Visa, Mastercard or American Express. They may also make the payment using the Paypal payment platform.

The Company uses the secure payment method "Secure Socket Layer", which guarantees the confidentiality and the security of the User’s bank details.

9.2.-The prices of the Products indicated on the Website include the VAT rate applicable, which will be the one legally in force at the time, depending on the specific article in question.

By virtue of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the Products shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canaries, Ceuta and Melilla.

Likewise, the orders sent to the Canaries, Ceuta and Melilla will be exempt from VAT, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.

9.3.- The User authorizes Micuento to send them the invoice for the order by e-mail. If the User so requests, they may also obtain this invoice in paper format without any cost, by contacting Micuento using the contact details indicated in section 1 of these General Conditions.


10.-DELIVERY OF THE PRODUCTS

10.1.- Micuento shall deliver the Products to the delivery address provided by the User during the purchase process, prior to making the payment.

10.2.-The Products shall be delivered within the period indicated on the Website, in accordance with the transport service chosen and, in any case, within a maximum period of 30 calendar days starting from the date of Confirmation of Order.

The delivery times are approximate, since the time to manufacture the Books can vary on certain occasions or other unforeseen situations may arise, and this may cause some delay in the delivery, without under any circumstance exceeding the maximum period of 30 days from the date of Confirmation of Order.

10.3.-If, for any reason, Micuento cannot comply with the delivery date, we shall contact the User in order to inform them of this circumstance and indicate a new delivery date.

10.4.- We shall not make deliveries on Saturdays, Sundays or bank holidays of the Territory.

10.5.- Delivery occurs when the User or another person that they indicate acquires the material possession of the Products at the address indicated for their receipt, which shall be accredited by signing the order receipt. Before signing the order receipt, the User must check that the Product is in perfect condition. Starting from the time of delivery, the risks from which the Products may suffer shall be for the account of the User.

10.6.- If the User is absent and it is impossible to make the delivery of the order, the haulier shall leave a note notifying them of this and explaining how to proceed to agree on a new delivery. If the delivery cannot be made on the third attempt, the order shall be returned to the facilities of Micuento. Once the order has been returned to our facilities, Micuento shall keep the Book for a further 30 days and shall contact the User by e-mail in order to coordinate a new shipment. Should a new shipment take place, the User shall be responsible for the corresponding costs. After this period, if the User does not reply to the communications, Micuento may destroy the Book.


11.-RIGHT OF WITHDRAWAL

11.1.-Right of withdrawal. The User is entitled to withdraw from this contract within a period of fourteen (14) calendar days, provided that they have not acquired a personalized product or another product legally excluded from the right of withdrawal (see section 11.5).

The withdrawal period shall expire fourteen (14) calendar days from when the User or a third party indicated by the User, other than the haulier, acquired material possession of the products or, if the User’s order consists of several products delivered separately, fourteen (14) calendar days from when the User or a third party indicated by the User, other than the haulier, acquired material possession of the last of these products.

11.2.-Notifications. The User can exercise the right of withdrawal by notifying us at Libros Micuento, S.L. at the address calle Llacuna, número 162, módulo 305 (08018) Barcelona, Spain, on telephone number +34 935 520 009 from Monday to Friday from 10 a.m. to 3 p.m., or at the e-mail address [email protected] They may use the withdrawal form which appears as an Appendix to these General Conditions, although its use is not compulsory.

In order to comply with the withdrawal period, it is sufficient for the communication concerning their exercising of this right to be sent before the corresponding period expires.

11.3.-Consequences of withdrawal. In the event of withdrawal by the User, we shall refund all the payments received from them, including delivery expenses (with the exception of the additional expenses resulting from their choice of a delivery method other than the least costly ordinary delivery method that we offer) without any undue delay and, in any case, at the latest 14 calendar days starting from the date on which we are informed of their decision to withdraw from this contract. We shall proceed to make this refund using the same payment method used by them for the initial transaction. They shall not incur any expense as a result of the refund. Notwithstanding the above, we may retain the refund until we have received the Products, or until they have presented proof of their return, depending on which condition is fulfilled first.

The User must return the Products to Libros Micuento, at the address calle Llacuna, número 162, módulo 311 (08018) Barcelona, Spain, without any undue delay and, in any case, at the latest within a period of 14 calendar days starting from the date on which they notify us of their decision to withdraw from the contract. The period shall be considered to have been fulfilled if they return the Products before this period has concluded.

The User must accept the direct cost of returning the Products and only the User shall be liable for a reduction in the value of the Products resulting from them having been handled in a manner other than that necessary to establish their nature, characteristics and operation.

11.4.-How to return the Product. The following guidelines must be followed in order to return the Products correctly:


a) The Products must be returned in their original box/packing.
b) The Products cannot have been used in such a way that their value is reduced or harmed.
c) The Products must be accompanied by a copy of the purchase invoice and other accompanying documents, if appropriate.
d) On arrival in our warehouse, the condition of the Products shall be assessed. If they do not comply with the regulations and conditions indicated and established for returns and their condition is not correct, we reserve the right not to make any refund of the Product.

11.5.-Exceptions to the right of withdrawal. The User declares that they know that there are exceptions to the right of withdrawal, regulated in Article 103 of the General Law for the Defence of Consumers and Users in force. They include, but are not limited to:

a) Personalized goods.
b) Sealed goods which are not suitable to be returned for reasons of protection of health or hygiene and which have been unsealed after delivery.
c) Goods which may deteriorate or expire quickly.

11.6.-Defective products. When the User considers that at the time of delivery of the Product it is not adapted to that stipulated in the contract, they must contact Micuento immediately using the contact details provided in the Right of Withdrawal section, indicating the Product and the damage or non-conformity existing. Micuento shall inform the User of how to proceed in order to return the Products.

Once the Products have been returned, they shall be examined and, subsequently, the User shall be notified as to whether they shall be refunded or replaced, if appropriate. In the event of a refund, the full amount shall be repaid, including delivery and return expenses, and this shall be carried out using the same payment method used for the purchase.


12.-PRODUCT WARRANTY

12.1.-All of the Products offered by Micuento have the legally established warranty.

12.2.-For the warranty to be effective, it shall be necessary to present the proof of purchase within the legal period established. Unless proven otherwise, delivery is understood to have been made on the day which appears on the invoice or on the delivery note if the latter is later.

12.3.-The User must inform us about the lack of conformity of the Product as soon as they become aware of it, using the contact details provided in section 1.2 of these General Conditions.

12.4.-It shall be considered to be a lack of conformity if a paper format Book arrives with a substantial manufacturing defect or with any damage or breakage. Those small variations that the Book may have in relation to other Books printed by the Company or by third parties, such as, for example, different colour shades in the illustrations, both on the cover and inside, shall not be considered to be a substantial defect.

12.5.- Micuento shall not be liable for lack of conformity when the Products included on the Website:

a) Are in accordance with the description made by the seller and possess the Product qualities that the seller has presented.
b) Are suitable for the ordinary uses of Products of the same type.
c) Present the usual quality and features of a Product of the same type which the consumer and user can fundamentally expect, taking into account the nature of the Product.

12.6.-Likewise, Micuento shall not be liable for lack of conformity that the User knew about or which they could not have been unaware of at the time of entering into the contract.

12.7.-The User may demand the repair of the Product, its replacement, a reduction in the price or the termination of the contract if the Product does not conform to the contract. The User may choose repair and replacement, unless one of these two options is objectively impossible or disproportionate. These shall be free of charge for the User, including the shipping expenses and the costs related to labour and materials. Should the User exercise their right to repair or replacement, Micuento shall provide them with a voucher with the date of delivery and the lack of conformity that has caused the exercising of this right. The refund shall be made as soon as possible and, in any case, within the 14 days following the date on which Micuento contacts the User, confirming that they will proceed to refund or replace the non-conforming Product.

12.8.-In the cases defined in section 12.7, the shipping expenses are for the account of Micuento.

12.9.-The warranty does not include the damage produced by negligence, knocks, improper use or handling, or usual wear and tear.

12.10.-The following are excluded from the warranty:

a) Those Products which have been modified or repaired by the User or by any person other than the supplier or manufacturer.
b) If the details of the Product warranty or the proof of purchase have been modified or altered.
c) Food, beverages, cleaning and personal hygiene products.
d) Goods which can deteriorate or expire quickly.
e) Any other good if the User does not have the proof of purchase.


13.-OTHER LIABILITIES

Under no circumstance shall Micuento be liable in relation to:

a) Mistakes, delays in access by the User on introducing their details on the order form, slowness or impossibility of the Confirmation of Order or any anomaly which may arise when these incidents are due to problems on the Internet, unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the good faith of the Company. In any case, Micuento undertakes to solve the problems which may arise and to offer all the support necessary to the contracting party in order to reach a fast and satisfactory solution of the incident.

b) The damage produced by misuse of the Product and bad faith by the User.

c) The details introduced and selected on the personalization form of the Book, and the dedication and the photo shall be those that the User chooses and which they may verify in the previewing. Once they click on the button ‘Buy’, the User confirms that the details selected, dedication and photo are correct. Starting from that moment, for logistical reasons Micuento cannot make any modification in relation to the details selected by the User, including upper and lower case letters or spelling mistakes.


14.-PROTECTION OF PERSONAL DETAILS

14.1.-By virtue of Organic Law 15/1999, of 13 December, on the Protection of Personal Details (LOPD), Libros Micuento, S.L., with registered offices in calle Llacuna, número 162, módulo 305 (08018) Barcelona, hereby informs you that, in order to perform a correct management of the company’s Users, it is necessary to provide certain personal details which shall be included in a file, duly registered with the Spanish Data Protection Agency, of which this organization is the owner and for which it is responsible. The aim of the collection and automated processing of the personal details is to carry out a correct management of the Company’s Users.

14.2.- The personal details collected from the User shall not be assigned to any company and shall not be available to third parties, being used solely for the purposes established for their collection or receipt.

14.3.-By virtue of the provisions of Article 15 and following of the LOPD, and under the terms indicated in the Regulations which develop it, approved by Royal Decree 1720/2007, of 21 December, at any time the owner of the personal details may exercise their rights of access, rectification, cancellation and opposition, by writing to Libros Micuento, S.L., calle Llacuna, número 162, módulo 305 (08018) Barcelona, or by e-mail to [email protected]

14.4.-The organization responsible for the file has adopted the legally required security measures in its facilities, systems and files, as required by the Regulations developing the LOPD, approved by Royal Decree 1720/2007, of 21 December. Likewise, the organization responsible for the file guarantees the confidentiality of the personal details, although it shall disclose to the competent public authorities the personal details and any other information that is in its possession or is accessible through its systems and is required pursuant to the applicable legal and regulatory provisions.
14.5.-The personal details collected from the User, either through the forms on the Website or by the User sending emails, shall be true, accurate, complete and up-to-date, the User being responsible for the damages that could be caused due to the wrongful inclusion of false, inaccurate, incomplete or not up-to-date details.


15.-INTELLECTUAL AND INDUSTRIAL PROPERTY

15.1.- “Micuento” is a trademark registered by the Intellectual Property Office of the European Union and by the Mexican Institute of Industrial Property, and therefore it is forbidden to make any use of the same or of any similar identifying sign which may cause confusion as to its origin or ownership by third parties without prior express written authorization. Likewise, the Website www.micuento.com is a domain name registered by the Company.

15.2.-Consequently, it is expressly forbidden to reproduce, totally or partially, any copyright, registered trademark, logos and other industrial and intellectual property rights of the contents of the Website.

15.3.-The User recognizes and accepts that, on the Website, they could find contents which are owned by third parties whose rights are protected by the legislation applicable in relation to intellectual and industrial property or other similar rights.


16.-APPLICABLE LAW AND COMPETENT JURISDICTION

16.1.-These General Conditions and any matter relating to their interpretation, fulfilment or lack of fulfilment are governed by Spanish Law, without prejudice to the application of European Community regulations and international treaties, when appropriate.

16.2.- Should the contracting party be a consumer, the competent jurisdiction shall be that established by the legislation in force.


17.-REFERENCE TO PROMOTIONS

The promotions shall always be applied solely and exclusively on the value of the Product, never on the shipping expenses, and the duration of the same shall always be specified on the Website.


18.-ELECTRONIC COMMUNICATIONS

By using the Website, the User accepts that the majority of the communications with Micuento are electronic. Likewise, the User consents to use this electronic means of communication and recognizes that any contract, notification, information and other communications that the Company sends them electronically comply with the legal requirements of being in writing. This condition does not affect the legally recognized rights of the User.


19.-CUSTOMER SERVICE, AFTER-SALES SERVICE AND CLAIMS

For any request for information or any claim which is considered relevant, you may contact the Customer Service using the telephone number or e-mail address indicated in the contact details of these General Conditions. The Service shall acknowledge receipt of the claims submitted by sending the corresponding receipt to the e-mail address which must be provided to the Customer Service in order to process the claim.

Likewise, the Company has official claim forms available to the Users which they can also request using the telephone number or e-mail address indicated in the contact details.


Barcelona, 26 February, 2018


APPENDIX
WITHDRAWAL FORM

(This form should only be completed and sent if you wish to withdraw from the contract)

For the attention of:

LIBROS MICUENTO, S.L.
Calle Llacuna 162, módulo 305
08018 - Barcelona
Telephone 935 520 009
[email protected]


I hereby notify you that I withdraw from the contract for the purchase of the following good:

- Order received on ___________.
- Name of consumer ___________________________________________.
- Address of consumer __________________________________________.



In ____________, on the __ ________, ____ (place and date).


(Signature of the consumer)


__________________

Quality Books

Our beautiful hardcover books filled with lovely color illustrations are perfect for sharing with the whole family.

Secure home delivery

Your book will be delivered to the specified address in 7-10 business days. (Except on special dates)

Lasting Memories

Personalized MiCuento books teach little ones to love reading, but they’re also precious memories to cherish forever.

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