1.- INTRODUCTION.

The following document and those that can be mentioned in it, establish the conditions in which rules the use of the website www.pottkeramika.com (from no won, The seller), and the purchase of products in it (from now, the Conditions).

We urge you to read carefully these Conditions, our Cookies Policy and Privacy Policy be-fore using this website. Have in mind that when using this website, or making an order through itself, you consent on remaining bound by these for which, if you do not agree with them, you must not use the services that we grant you in this website.

As owners of this website, we reserve the right of modifying in any moment these along with the conjunction of the commercial offer presented in the website (modifications over prod-ucts, prices, promotions and other commercial and service conditions).

In consequence, you must take in mind that we’ll consider applicable those Conditions that are found running at the moment of purchase or, in its defect, the use of the website. It is because of that that we recommend consulting these Conditions before making any pur-chase of products.

The personal information or data that you grant us will be treated with due to what’s estab-lished in our Privacy Policy. On use of this website, registering as a user or making an order, you consent the treatment of such information and data and declare that all information or data that you grant us are verified and correspond with reality.

2.- OWNER OF THE WEBSITE.

The owner of this website is Juana Urain Larrañaga y otra C.B. with domain at Oria Kalea 1,2, 20709 - Itsaso (Gipuzkoa) provided with ID E-75192831. Any information with the seller will be able to be directed to the social domain, the seller’s phone or the email address pottkeramika@gmail.com or using the contact form of the web-site.

3.- USE OF THIS WEBSITE.

On using this website and making purchases through such you compromise to:

• Make use of this website only to make queries or orders that are legally valid.
• Granting the seller your email address, postal address and/or other contact data of veridity and accuracy. Therefore, you consent that the seller can make use of such information to get in contact with you if necessary. In case that you don’t grant us this data we cannot pro-cess your order or grant you the information that you request.
• When making an order through this website, you declare being of legal age and have the le-gal capacity of contracting and obligate.

4.- MAKING OF ORDERS. PURCHASE SYSTEM.

1. Language. This website is directed to users residing in Spain and adapted to the Spanish legislation. It is because of that where, either the main language of the website, these Conditions, along with the purchase process will be made in Spanish.

   However, if in the future the seller directs its offer to users residing in other countries, you can use any of the languages that in that momento are available in the website.

2. User signup. The purchase of products requires that you sign up to the website through the creation of an user account or “client” account. In such process, the seller will grant you, with prior information and agreement by the Personal Data Protection Policy, that which is necessary (marked with an asterisk*) to manage all the purchase process and product delivery. The granting of this data by your part is voluntary, if it is indispensable if you want to make any purchase.

   The procedure of sign up requires also that you choose a username and a password that you must use to Access your account. You must be responsible of the custody of these data restricting its access from non authorized third parties, along with the consequences of any type of derivations of non-observance of this obligation.

3. Making of orders. Through different sections of the website, the user will be guided at every moment dur-ing the process of online purchase, selecting those articles of his interest, prior checking of characteristics, availability, prices and delivery costs, and that will be saved provision-ally in a “shopping cart” or similar space and from which will be able to delete or replace by others at any moment, before making the payment or assume any purchase com-promise.
   • the data of your order,
   • grant the delivery address and/or billing of it,
   • the total cost expressed in euro (€),
   • the setup of delivery costs and applicable taxes,
   • selecting the delivery method and the payment method, being able in case of error cor-recting any granted data.

   Before definitively confirming the order, you must accept these conditions that you’ll be able to consult in any moment in the website.

   It will be understood that the contract of barter has been perfected in the moment that the client presses the button of “finish purchase or any other technical system similar of order processing and that will carry associated a message with the expression: “order with payment obligation” or similar.

   The seller maintains a computer registry of all transactions (orders, cancellations, returns, billing, etc.) made with the buyers of the website. This registry will be considered as proof of the operations made between both parts.

4. Confirmation of made purchase. At the end of the purchase process, the seller will inform you through email of all the characteristics of the made purchase, purchase date, total price, transport method and estimated delivery date of the acquired product.

5. Price and payment. All the prices shown in the website are expressed in euro (€) and include taxes over Added Value. Unless indicated otherwise, prices shown along with the articles don’t in-clude delivery costs, which will be shown when adding the article to the shopping cart. Prices can change at any moment, if either possible changes will not affect orders re-specting to those the seller has sent you the order confirmation.

5.- PAYMENT METHODS.

Payment methods allowed on the website are following:

1. Payment with credit or debit card (Visa, MasterCard, Visa Electron, American Ex-press, Maestro, Diners and 6000 Network cards): Data that is transmitted related with payments through a credit card travel encrypted through a safe line to the Sales Point Terminal of the Bank with which the seller operates. If you make the payment through credit card we will demand: card number, expiry date and security code that matches the 3 last digits of the number printed in cursive on the card’s back.

2. Payment with Paypal account. To use this system you must have previously at the time of payment a user account at Paypal. Once chosen this system, you will be redi-rected to the Paypal website where the payment will be completed and the amounts will be shown with the inclusion of all taxes or fees applicable to the operation. Paypal will send to your email account a receipt of the made operation.

3. Bank transfer to the account number ES85 2095 5059 31 1061 619408 In this case the products/services will activate at the moment we have evidence of having received the transfer.

In case that the election of any of these payment methods supposes an additional charge over the price of the article shown in the website, the seller will inform you through the list of the total price, all the increases that are applied over the use of pay-ment methods that you acquire any guarantee of payment. In any case, this charge will not ever be superior to the real cost supported by the seller by the use of such means.

6.- AVAILABILITY OF PRODUCTS.

In case that an order has been processed normally and we’ve checked afterwards that there are no products in stock or any incidence comes according to supply, the user will be in-formed immediately of such circumstance. In these cases, the seller will proceed to the re-fund of the price that has been charged to the user through the same means used for the payment, without undue delays and, in any case, before 14 days passed since the purchase has been made.

7.- ORDER DELIVERY.

The delivery of orders will be made in the delivery address designated by the user and inside the deadline indicated in the website according to the selected delivery method and, in any case, inside the span of 30 workdays counting from the purchase.

If by any means we could not accomplish with the delivery date, we’ll inform you of this cir-cumstance and we’ll give you an option to go forth with the purchase establishing a new de-livery date or either cancelling the order with the total refund of the paid price.

On effect of the following Conditions, we’ll understand that a delivery of the order has been made when you or an authorized third person by you takes possession of the products, which will be credited through a signature of the order reception in the delivery address.

Incidents on delivery: In case of not being able to make the delivery by absence of the destination, the transport agency will leave an indicative note and will try to contact by phone with the destination to make a new delivery. If there’s another failed delivery again, it will be the client who will have to get in contact with the transport agency to make a new delivery.

In case of 30 days passed since your order is available for delivery and this has not been delivered by a non-applicable cause to the seller, we’ll understand that you wish to desist from the contract and we’ll consider it resolved. As a consequence of the resolution of the contract, we’ll refund all payments from you, including delivery costs (with the exception of additional costs resulting from the election of a delivery method different to the least costful delivery method that we offer) without any undue delay and, in any case, in the maximum deadline of 14 days since the date we considered the contract resolved. In its case, the sell-er will be able to repercussion the transport costs derivated from the resolution of the con-tract.

8.- BILLING.

The delivery of articles will be understood as localized in the territory of the Spanish tax ap-plication if the delivery address is in Spanish territory except Canary Islands, Ceuta or Melil-la. The type of taxes applicable will be the legally applicable in each moment according to the specific article treated.

In orders with destination to the Canary Islands, Ceuta and Melilla, deliveries will be exempt of taxes, without prejudice of the application of taxes and/or customs corresponding accord-ing to running law.

You authorize us explicitly to send the billing in electronic support. However, you’ll be able to indicate us in any moment your will to receive a bill in paper support, in which case, we’ll send and deliver the bill in such format.

9.- RETURN POLICIES.

1. Right to desist.

If you’re hiring as a consumer, you have the right to desist from the following contract in a deadline of 14 natural days without the need of justification except on cases estab-lished in the rules for users and consumers (explicitly and exhaustively it’s not allowed the desist by health or hygiene causes in packaged goods, or those products that have been clearly customized, etc.). The deadline of desist will expire on 14 days after the day you or a third person indicated, different from the transport person, acquired the ma-terial possession of the goods or, in case of the goods that compose the order are deliv-ered separately, on 14 natural days after you or a third person indicated, different from the transport person, acquired the material possession of the last of those goods.

To exercise the right of desist you must, in the provided deadline, notify the seller your decision to desist the purchase through the form on effect that is attached with the order delivery. The user has also the option to accomplish and send electronically the form model of desist or any other unmistakable declaration (postal or electronic mail) through the website and through the contact forms. The seller will communicate you without de-lay in a lasting support (for instance, by email) the reception of such desist.

The returned order must be delivered to the address that the seller indicates, along, in its case, the emitted bill and you must assume the direct cost of the order return. Products must be in a perfect state, not having been open nor used and conserving their original package and manuals, accessories or promotional gifts included in its case.

Consequences of desist. In case of desist by your part, we’ll refunda ll the payments made by you, included delivery costs (with the exception of additional costs resulting from the election by your part of a different delivery method to the less costful delivery method that we offer) without any undue delay and, in any case, up to lasting 14 days from the date you inform us of your decision of desisting from the following contract.

We will proceed to effect such refund using the same payment method used by you in the initial transaction. However the prior, we’ll be able to retain the refund until having re-ceived the goods, or until you’ve presented a proof of return of the goods, depending on what condition they accomplish first.

The products must be in perfect state, not being open nor used and conserving their original package and manuals, accessories or promotional gifts included in such case.

Only you will be responsible of the devaluation of the goods resulting from a different manipulation to the necessary to establish the nature, characteristics and functioning of the goods.

2. Warranties and Returns.

On the effects of the following conditions it will be understood by returns the generation of a defect, error or the reception of a wrong product.

Warranty: In case that you have in consideration of consumer or purchaser, the contractual warranty offered by the seller for purchases made in this website is the one established in the Royal Decree of Law 1/2007, of November 16th, for which it approves the text refounded in the General Law for Consumer and User Defense, that is, will respond to the lacks of conformity that are manifested in products in a deadline of two years since the delivery.

To these effects, it will be understood that the products are conforming to these Condi-tions when they adjust to the description and qualities that are figured in the website, are apt for the indicated uses for them and present a quality equal to the other products or themselves or similar characteristics.

Returns: In the case that in the moment of order delivery there is a fault, defect or has received a product that doesn’t correspond with the made order, you must communicate immedi-ately to the seller of this circumstance through our contact form granting all data of the product along with the damage it suffers, or either calling by phone to the Customer Support line or the email address pottkeramika@gmail.com where we’ll inform you of the way to make the return.

Once the products are returned, the seller will check them and will communicate you if it proceeds the refund or, in its case, the substitution of the product.

The seller will refund the corresponding price (including delivery costs of the initial deliv-ery) without undue delays and, in any case, before 14 days have passed since the date the return has been informed. The refund will be made by the same payment method that it was paid.

However, the Seller will be able to retain the refund until the returned products are re-ceived or until the user presents a proof of how the order has been returned.

10.- EXEMPTION AND LIMITATION OF RESPONSIBILITY.

Inside of a process of continuous improvement, the seller will keep updated all the infor-mation and services that are offered in the website, trying to avoid in all what’s possible the existence of errors or failures in it, as long as these are due to the media, services or tools over which the seller has the power to control directly.

The seller doesn’t guarantee the availability and continuity of the functionality of the website. When that is reasonably possible, the seller will warn previously of the interruptions of the website’s functionality.

Unless that explicitly it states the opposite in these Conditions, our responsibility in relation with any product acquired in this website will be limited strictly to the purchase price of such product.

The seller will not be responsible of any damage or loss resulting from a denial of service at-tack, virus or any other harmful or damaging program that can affect your computer system, data or materials as consequence of the use of this website or download of contents of it or what it redirects.

11.- COMMUNICATIONS.

The agreement by your part of the following Conditions assumes your consent to communi-cations of any type that are made electronically (email and warnings or forms through the website), through Customer Support service and through contact forms on the website.

12.- CUSTOMER SUPPORT.

For any question, suggestion, query or claim about the website or orders made, the user must direct himself to the seller, by any of the following means:

• Phone: 688 633 627
• Email: pottkeramika@gmail.com
• Postal mail on the following address: Oria Kalea 1,2, 20709 - Itsaso (Gipuzkoa)

The seller will grant you an identification key and a written proof (email) of the claim presen-tation. The seller will attend your request as quick as possible and, in any case, before a month. In the case that your request has not been resolved in a satisfactory way, the user will be able to attend to the ordinary jurisdiction or send their claim through the City Office of Consumer Information of their residence or of the Consumer Arbitral Comitee of their Au-tonomous Community.

13.- SECURITY AND CONFIDENTIALITY.

The seller guarantees the security and confidentiality in all communications that we maintain with you. All operations of online payment are made through a secure server, based on SSL standard, which protects data against attempts of violation by third parties. Data from the process of purchase are saved in a database designed for such effect.

The seller guarantees the same way the protection and confidentiality of personal, payment or any other kind of data that the user grants according to what’s disposed with the laws of personal information protection.

All data that you gran tus will be included in an automated file created and maintained under the responsibility of the seller with the goal of establishing in each form of data gathering. In such form we’ll allow accepting or not purposes and other different uses than necessary for the accomplishment of the following Conditions. In the privacy policy you can find all the in-formation about treatment of your personal data.

In case that data granted are associated with a purchase, the Spanish legislation forces to maintain them at least during five years, for which will not be deleted nor rectified, although can be cancelled, even if the user demands it.

14.- APPLICABLE LAW AND JURISDICTION

The following General Purchase Conditions are bound to the Spanish legislation. Parts are bound, to their election, to the resolution of conflicts and with renouncing for any other court, juries and tribunals of the user’s location.