1. Identification of the holder and general information
ACTION DESIGN is the trade name of the company ACTION DESIGN STUDI, S. L. The present Terms and Conditions regulate the access and use of the website http://www.thewhitebrand.com (hereinafter, the Website) owned by ACTION DESIGN STUDI, S. L. (hereinafter, ACTION DESIGN), with CIF B-54549076 and registered office at Calle Pythagoras, 3, Parque Empresarial, 03203, Elche (Alicante), as well as the services and products offered by ACTION DESIGN on its website.
ACTION DESIGN offers this website subject to these Terms and Conditions. By visiting the Website or using the Website's services or applications, you agree to these Terms and Conditions.
No registration of Users is required to access the Website. However, in order to contract any of the services offered by ACTION DESIGN, the User's registration and acceptance of these conditions will be required before payment is made.
Through the website, ACTION DESIGN offers users articles of the brand THEWHITEBRAND.
The present Terms and Conditions of ACTION DESIGN described below define the rights and obligations of ACTION DESIGN and the Users within the framework of the website. These are the only Terms and Conditions applicable to the use of the Web site (without prejudice that for certain services there may be particular conditions) and to the contracting of orders through the Web site, and replace any other conditions, except by prior written agreement between ACTION DESIGN and the User.
2. User data and conduct on the website
In order to purchase the products offered through the Website, it will be necessary for the User to register through the registration form available on the Website.
The User shall be responsible for maintaining the confidentiality of the data and information provided and for restricting access to his/her computer and passwords in order to avoid possible unauthorised use.
If the User has reason to believe that his or her data have been made known to a third party, or if they have been used in an unauthorized manner, or if they are likely to be so, he or she must immediately inform ACTION DESIGN of this situation.
The User must verify that their details are correct and complete and inform ACTION DESIGN whenever there is any variation and/or modification in the information provided in the purchase process.
ACTION DESIGN reserves the right to deny any attempt to access the website, delete or modify content or cancel orders at its discretion.
The use of the website is not permitted for fraudulent purposes, criminal offences or illegal activities of any kind.
It is also prohibited to post, use or reuse any illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind, or material that violates copyright, trademark or confidentiality, privacy or any other right, that is otherwise injurious or objectionable to third parties, or the content of which contains computer viruses, political propaganda, advertising content, chain mail, bulk mailings or any other type of "spam" and, in general, any unnecessary annoyance or inconvenience.
3. Orders and sales conditions
The services and products offered through the ACTION DESIGN website are intended for the purchase by Users of THEWHITEBRAND branded articles.
To be able to order an ACTION DESIGN order, the User must be over 18 years of age and have a valid credit or debit card issued by a bank accepted by ACTION DESIGN.
In order to place orders through the Web Site, the User must provide a series of data prior to contracting, through the purchase form, and that will be necessary to manage your purchase order.
4. Price, payment method and discount codes
Once completed the data of the form, the User must proceed to the payment of the order through the means of payment specified on the website.
After payment has been made, the User will receive an e-mail confirming the order, which will include a summary of the items purchased, the mode of shipment requested and the destination address.
If at the time of payment there is an incident that prevents payment, the User will receive an automatic message of payment error and your order will not be processed until the payment process is completed successfully.
The prices of the items are expressed in Euros (€), including taxes and shipping and handling costs, the amount of which will be indicated at the time of final confirmation of each order.
ACTION DESIGN may periodically offer discount codes to its Users. Such discounts may only be applied in accordance with the instructions specified by ACTION DESIGN with respect to each code, and in any case Users may only use one code per order.
5. Information about ACTION DESIGN products and services
The data included in the website in each description of the products and services, in their photographs, graphic or iconographic representations or videos as well as trade names, trademarks or distinctive signs of any kind, have a purely informative function. Therefore, ACTION DESIGN declines any responsibility for the appearance of errors in this information, although it undertakes to take all measures within its power to correct as soon as possible the aforementioned errors or omissions after being informed of them.
If there is an error in the price of the products that the User has ordered, you will be informed of this as soon as possible, giving you the option of reconfirming your order at the correct price or canceling it. In the event that it is impossible to contact the User, the order will be considered cancelled. If the order is cancelled or cancelled and the User has already paid, he or she will receive a full refund.
6. Returns and right of withdrawal
6.1 Returns for manufacturing defects.
The User may return to ACTION DESIGN, free of charge, any product presenting a manufacturing defect. To formalize the return, the User must contact ACTION DESIGN at the address "firstname.lastname@example.org", indicating the product or products to be returned, attaching a photograph and a detailed list of the defects noted therein. Upon receipt of such notification, ACTION DESIGN will inform the User, if applicable, of the way in which the defective product is collected or sent to its warehouses, at no cost to the User. Each product to be returned must be unused and with all its labels, packaging and, if applicable, original documentation and accessories that come with it. If the User fails to do so, ACTION DESIGN reserves the right to refuse the return. Once the product has been received and the existence of tare or factory defect has been verified on one of the products in the order, ACTION DESIGN will proceed to process the shipment of another product with identical characteristics, also at no cost to the user.
In the event that for reasons of lack of stock could not proceed to the shipment of another product of identical characteristics, we will refund amounts paid for the purchase of the product returned as soon as possible.
In the event that the User is not satisfied with the products received in his or her order, the User, in accordance with the General Law for the defence of Consumers and Users, will have a period of fourteen (15) calendar days to return the same, without any penalty and without indicating the reasons, although he or she must pay the direct cost of returning the order to ACTION DESIGN. In order to formalize the return, you must contact ACTION DESIGN at email@example.com, by filling in the withdrawal form that accompanies these Terms and Conditions as ANNEX 1. Once this communication has been received, ACTION DESIGN will indicate the method of shipment to your warehouse of the order, which must be unused and with all its labels, packaging and, if applicable, original documentation and accessories that come with it. Otherwise, ACTION DESIGN reserves the right to refuse the return. The refund of amounts paid shall be made as soon as possible and in any case within fourteen (15) days from the date on which the user has been informed of its decision to withdraw from the contract.
7. Use of the Website
The use of the Website is not permitted for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.
It is also prohibited to post, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, defamatory, obscene or threatening of any kind, or that violates intellectual property rights, trademarks, confidentiality, privacy or any other right, that is otherwise injurious or objectionable to third parties, or the content of which contains computer viruses, political propaganda, advertising content, chain mail, bulk mailings or any other type of "spam" and, in general, any unnecessary annoyance or inconvenience.
The User undertakes to make lawful, diligent, honest and correct use of any information or content accessed either through the Website or third party websites to which access is gained through the links on the Website, and all this under the principles of good faith and with respect at all times to the law in force.
The User shall only have access for his or her personal use to any information (meaning information such as any message, sound files, photographs, drawings, software and in general any kind or type of computer file, graphic, etc.) contained on the Website.
Likewise, the User undertakes not to cause malicious or intentional damages or prejudices that may impair, alter the Web Site itself and not introduce or spread computer viruses that may produce unauthorized alterations of the contents or systems that make up the Web Site.
8. Opinions, comments, communications and other content
Users may participate in social networks with comments and / or images provided that the content thereof is not illegal, obscene, abusive, threatening, defamatory, invading the privacy of third parties, infringing intellectual property rights or otherwise injurious or reprehensible to third parties and whose content does not contain computer viruses, political propaganda, advertising content, chain letters, bulk mailings or any other type of "spam. The use of fake email addresses, impersonate another person or entity, or otherwise lie about the origin of any content is not permitted. ACTION DESIGN reserves the right (but not the obligation) to remove or modify any content.
Any user who wishes to publish content on the Website, whether in the form of graphic works, videos, musical works, photographs, animations, pseudonyms, names, symbols, texts, comments and generally any visual, textual or sound element originating from such partner, hereinafter referred to as the "user's content", undertakes to grant ACTION DESIGN a Publication License.
The user authorizes the publication of the "User Content" sent to ACTION DESIGN free of charge, worldwide and without restriction or reservation. Therefore, the user expressly agrees by accepting these Terms and Conditions to assign to ACTION DESIGN, a license on the "User Content", which covers:
The right to reproduce and distribute the "user's content" in any type of multimedia media, paper, film, optical disk format, etc., including advertising media, and in any form corresponding to the graphic arts, by means of any technical processes and methods of treatment (analogical, digital...) intended for end-user terminals, such as computers, mobile phones, digital tablets, etc.., in all types of formats; and specifically, the right to store, archive and host "user content" on the servers used by ACTION DESIGN as well as on hard disks, RAM memories, cache memories, in all types of formats;
The right of public communication of the "user's content" by means of its communication to the public, by any means of diffusion and communication networks, specifically on the Internet and on the Web Site including intranet, press, airwaves, cable, telematic and/or digital mode, downloads, etc..;
The right to transform the "user's content" into all kinds of formats and presentations, illustrated with any legends, texts and comments (excluding political, pornographic or other inappropriate contexts), including the possibility of retouching or modifying the "user's content", specifically for graphic reasons, format, clarity and / or color, which may be necessary for the modes of exploitation mentioned above.
The user accepts that the "User Content" is used dissociated in any opportunity, both promotional and commercial, by decision of ACTION DESIGN, or published on the Website.
Likewise, ACTION DESIGN may assign the intellectual property rights contained in this Publication License to any of the collaborating companies of ACTION DESIGN without any limitations other than those established in this license.
Similarly, the User agrees that ACTION DESIGN may use the "User Content" to quote and associate it with its pseudonym or name in its promotional, marketing and advertising operations.
This license shall be valid in any language, worldwide and during the period of protection agreed for the "User's content" to its holders, in accordance with Spanish and European legislation.
The user agrees not to receive any compensation for such publications.
The user expressly declares that any "User Content" introduced in the platform of ACTION DESIGN effectively belongs to the user or has the authorization of the legitimate owners or licensees of the content and does not infringe the intellectual or industrial property rights of third parties, and specifically, the rights of collaborators of ACTION DESIGN, nor the rights to honor or image of third parties, or any other property rights of third parties.
The User warrants to ACTION DESIGN that he/she has all the necessary powers and powers to agree to the rights granted herein and that the User has not made or will not make, by means of a transfer/license to third parties or by any other means, any act that could compromise the present license and specifically, that the persons who may appear in certain "contents of the user" are not linked to it by means of an exclusive contract regarding the use of its image or its name. In particular, the User declares that the "User Content" sent to ACTION DESIGN is completely original and that it does not contain any section of any other work of any kind, which may involve the responsibility of ACTION DESIGN.
The "User's content" provided by the user to ACTION DESIGN may not contain or include data or content relating to children under 14 years of age.
The user acknowledges having been informed that ACTION DESIGN:
Rejects any responsibility for the exploitation or dissemination of "user content" on any medium; you may remove the "User Content" from your website if, in your opinion, such content infringes the rights of ACTION DESIGN's partners or these Terms and Conditions, without prejudice to any legal action that may be taken against the user who infringes on the rights of third parties.
Therefore, the User waives any recourse to ACTION DESIGN and any other company that may replace it in the future.
9. Intellectual or Industrial Property
The intellectual property rights of the Web Site, its source code, design, navigation structures and the different elements contained therein are owned by ACTION DESIGN, which corresponds to the exclusive exercise of the rights to exploit them in any way and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with applicable Spanish and European legislation.
ACTION DESIGN informs that it does not grant any license or express or implicit authorization on the intellectual and/or industrial property rights or on any other right or property directly or indirectly related to the contents included in the Website. It is strictly forbidden to reproduce all or part of the contents of the Website, even through a hyperlink, without the express written consent of ACTION DESIGN. Unauthorized use of these contents will give rise to the legally established responsibilities.
The hyperlinks contained in the website may be directed to third party websites. ACTION DESIGN assumes no responsibility for the content, information or services that may appear on these sites, which will be understood to be offered exclusively for information purposes by ACTION DESIGN, and which in no case imply any relationship, acceptance or endorsement between ACTION DESIGN and the persons or entities that own such content or owners of the sites where they are.
2. Partial invalidity
In the event that any Clause of these Terms and Conditions is found to be invalid, the remaining Clauses shall remain in full force and effect and shall be construed in accordance with the spirit of these Terms and Conditions.
All communications between ACTION DESIGN and the User regarding the contracting of orders through the Website shall be made in writing and in accordance with the communication procedures set out in these Terms and Conditions for each particular case.
6. Applicable legislation and jurisdiction
These General Conditions are subject to Spanish law. In accordance with Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, the parties submit themselves to the Courts and Tribunals of the user's place of residence.
Sample withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
ACTION DESIGN STUDI, S. L.
Pythagoras Street, 3, Parque Empresarial, 03203, Elche (Alicante).
Telephone: 96 568 26 26 87
I hereby inform you that I withdraw from my contract to purchase the item:
Order on / received on[indicate contract date / date of receipt of order]
[Consumer and user name]
[Consumer and user address]
Signature of consumer and user (only if this form is submitted on paper)