Terms and Conditions

REVIEW

This website is operated by El Moderno Concept Store. Throughout the site, the terms "we", "us" and "our" refer to El Moderno Concept Store. El Moderno Concept Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or making a purchase from us, you are participating in our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or content contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any portion of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Site or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any features or tools added to the current store are also subject to the Terms of Service. You may review the most current version of the Terms of Use at any time by visiting this page. We reserve the right to update, modify, or replace any portion of these Terms of Use by posting updates and/or modifications on our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, without limitation, copyright laws) in your use of the Service.

You may not transmit any worm, virus or other code of a destructive nature.

A breach or violation of any of these terms will result in immediate termination of our services.

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

You understand that your Content (not including credit card information) may be transmitted in unencrypted form and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The section titles used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.

SECTION 3 - SERVICE AND PRICE CHANGES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time with or without notice.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 - PRODUCTS OR SERVICES

Certain products or services may only be available online through the Site. These products or services may be in limited quantities and may only be returned or exchanged in accordance with our return policy.

We have made every effort to display the colors and images of the products displayed in the store as accurately as possible. We cannot guarantee that colors will appear accurately on your computer monitor, mobile device or other display.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and prices are subject to change without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed by you. We may, in our sole discretion, limit or cancel purchases per person, per household or per order. These limits may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you via email and/or the billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. In order for us to complete your transactions and contact you when necessary, you agree to promptly update your account information, including your email address and credit card numbers and expiration dates.

Please see our Return Policy for more details.

SECTION 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or support. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or in connection with your use of any optional third party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms and conditions under which such tools are provided by the applicable third party provider.

We may also offer new services and/or features through the Site in the future (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Use.

SECTION 7 - THIRD PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this Site may take you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of any third party materials or websites, nor do we make any warranties or representations regarding them or any other third party materials, products or services.

We shall not be liable for any damages or injury in connection with the purchase or use of any goods, services, resources, content or other transactions made in connection with any third party website. Please carefully review and understand the policies and practices of third parties before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER COMMUNICATIONS

If you submit certain specific submissions (e.g., contest entries) at our request, or if you submit creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any Comments you submit to us at any time and in any media without limitation. We are not and will not be obligated to (1) keep any Comments confidential; (2) pay any compensation for any Comments; or (3) respond to any Comments.

We may, but are not obligated to, monitor, edit or remove content that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Comments will not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Comments will not contain any defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that may adversely affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no responsibility for any comments posted by you or any third party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the Store is governed by our Privacy Policy. Please see our Privacy Policy at the bottom of this page.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our Site or the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice.

We are under no obligation to update, change or clarify any information on the Service or any related website, including pricing information, except as required by law. No posted update or revision date on the Service or any Related Website should be taken to mean that all information on the Service or any Related Website has been changed or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or any Content to: (a) for any unlawful purpose; (b) to solicit others to engage in or participate in any unlawful activity; (c) in violation of any local, international, federal, provincial or state regulation, rule, law or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (g) upload or transmit any virus or other computer code that is or may be used to interfere or attempt to interfere with the functionality or operation of the Service or any related web site, other web sites or the Internet; or (h) collect or track the personal information of others; (i) spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent or guarantee that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that we may from time to time suspend the Service indefinitely or terminate the Service at any time without notice.

You expressly agree that your use or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service are provided to you (except as expressly stated by us) on an "as is" and "as available" basis without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall El Moderno Concept Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, loss of data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with your use of the service or any products purchased from us, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any products purchased through the service, or for any other claim arising in any way out of your use of the service or any products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION

You agree to indemnify and hold El Moderno Concept Store and our parent, subsidiaries, affiliates, partners, directors, agents, contractors, licensors, service providers, subcontractors, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 14 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms of Service will continue in effect unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.

If, in our sole discretion, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, you may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our site.

If, in our sole discretion, you breach, or we suspect that you have breached, any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any guidelines or operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service will be construed against the drafting party.

SECTION 17 - APPLICABLE LAW

These Terms of Service and any other agreements under which we provide services to you shall be governed by and construed in accordance with the laws of Spain.

SECTION 18 - CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time by visiting this page.

We reserve the right, in our sole discretion, to update, modify, or replace any portion of these Terms of Use by posting updates and modifications on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

SECTION 19 - CONTACT INFORMATION

Questions regarding the Terms of Use should be directed to hello@elmoderno.es.

SECTION 20 - RIGHT OF RETURN

You have the right to return any product purchased from El Moderno Concept Store within 30 calendar days from the date of receipt.

In order to exercise the right of withdrawal, you must notify El Moderno Concept Store, S.L. of your decision to withdraw from the contract by means of an unequivocal statement, enclosing the RETURN FORM. In order to comply with the withdrawal period, it is sufficient to send the notification that you are exercising this right before the end of the period.

The seller must refund all sums received, including delivery charges, within 14 calendar days, using the same means of payment used by the consumer in the initial transaction, unless the consumer has expressly requested otherwise and provided that the consumer does not incur any costs as a result of the refund.

SECTION 21 - APPLICABLE LAW AND JURISDICTION

You can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

SECTION 22 - COMPLAINT FORMS

Complaint forms are available to consumers (DECREE 152/2001 of September 13) at our registered office: C/ Corredera Baja de San Pablo 19, 28004, Madrid, Spain.