LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE.
I. PUROPOSE AND LEGAL INFORMATION
The purpose of these General Conditions of Use of the website, together with the general contracting conditions governing the provision of services, and/or the particular conditions that may be established, is to regulate both the provision of information and the terms of supply of AKALA STUDIO products through the website, as defined in these Conditions of Service, and the commercial relations that may arise between AKALA FASHION GROUP, SL and the users of this web page (www.theakalastudio.com).
By using the website or placing an order through it, you agree to be bound by these Terms and Conditions and by our Data Protection Policies, so if you do not agree with all the Terms and Conditions and with the Data Protection Policies, you should not use this website.
AKALA FASHION GROUP, SL may at any time and without prior notice, modify these General Conditions, as well as the General Contracting Conditions, and/or the particular conditions that, where appropriate, are included, by publishing these modifications on our website so that they can be known by the Users, always before visiting the website or purchasing any goods offered on it.
It is your responsibility to read them periodically, as those that are in force at the time of placing orders or, failing this, the use of the website will be applicable. The User shall use the contents of this website under his sole and exclusive responsibility.
II. OWNERSHIP OF THE WEBSITE
In compliance with Law 34/2002, of 11 July, on information society services
and electronic commerce, we hereby inform you that the identification details of the person responsible for the website are as follows:
COMPANY NAME: AKALA FASHION GROUP, SL TAX IDENTIFICATION NUMBER: B05323803
REGISTERED OFFICE: CALLE LAGUNA GRANDE, 13 - 28034 MADRID REGISTERED IN THE REGISTRO MERCANTIL DE MADRID: Volume 41755, Folio 200, Page M-739634.
For clarification purposes, AKALA FASHION GROUP, SL will be identified throughout the document as AKALA STUDIO or AKALA FASHION GROUP, SL.
III. CONTENTS, SERVICES OF THE WEBSITE AND USE OF THE WEBSITE
The User acknowledges and accepts that any information relating to AKALA FASHION GROUP, SL of an economic - financial - strategic nature (hereinafter, the "CORPORATE INFORMATION") is provided for information purposes only, and does not represent or warrant that it is accurate, complete or up to date, and should not be relied upon as if it were.
The website may include information or content provided by sources other than AKALA FASHION GROUP, SL, including the Users of the website themselves. AKALA FASHION GROUP, SL does not guarantee, nor does it assume any responsibility whatsoever for the certainty, integrity or accuracy of such information and/or contents, including those cases in which there are defamatory, offensive or illicit elements.
The website provides Users with access to a multitude of information, services, programmes or data on the Internet (hereinafter, the "CONTENTS") belonging to AKALA FASHION GROUP, SL.
AKALA FASHION GROUP, SL reserves the right to deny or withdraw access to the Website and/or the services offered without prior notice, at its own request or at the request of a third party, to those Users who do not comply with these Terms and Conditions.
IV. INTELLECTUAL AND INDUSTRIAL PROPERTY. LINKS OR HYPERLINKS
All the contents that are shown on the website on the website www.theakalastudio.com, in particular (but not limited to): designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs susceptible of industrial and commercial use are protected by the Intellectual and Industrial Property regulations (R.D.L 1/96 which approves the Revised Text of the Intellectual Property Law and the Trademark Law 17/2001) and are subject to the intellectual and industrial property rights of AKALA FASHION GROUP, SL and/or third party owners of the same, who have duly authorized their inclusion in the website.
In no case will it be understood that any license is granted or that any waiver, transfer, total or partial assignment of said rights is made, nor is any right or expectation of right conferred, and in particular, of alteration, decompilation, exploitation, reproduction, distribution or public communication, on the Contents that are the object of intellectual or industrial property.
No link may be established to this website from any other website without the prior and express consent of AKALA FASHION GROUP, SL. The User enjoys a non-exclusive license to use the website limited to accessing the Contents for the purpose of enjoying the services provided on the website. The license is granted to the User for personal use of the website and the Contents, without being able to make any kind of use for commercial or business purposes. Likewise, the User may not use, disseminate, distribute, publish, export, exploit, reproduce or copy all or part of the Content or the design of this Site (including graphic and word marks, legends, comments, phrases, etc.) without the prior express written consent of AKALA FASHION GROUP, SL.
The User undertakes not to remove, delete, alter, tamper with or in any way modify:
- Any notes, legends, indications or symbols that either Sigla or the legitimate owners of the rights incorporate into their properties in matters of intellectual or industrial property (such as, for example, copyright, ©, ® and ™, etc.).
- Any technical protection or identification devices that the Content may contain (such as, for example, watermarks, fingerprints, etc.).
The User grants AKALA FASHION GROUP, SL. a non-exclusive license on the materials or contents that the User communicates to AKALA FASHION GROUP, SL. or that he/she discloses or disseminates using the website. The aforementioned license includes all the economic rights over the materials or contents created or owned by the User and is agreed for the duration of the same and for all the countries of the world.
Links or hyperlinks: The existence of links on the AKALA FASHION GROUP, SL. website, unless expressly stated to the contrary, is for information purposes only and in no case implies a suggestion, invitation or recommendation of the same, so AKALA FASHION GROUP, SL. accepts no liability whatsoever for any damage or loss arising from their use. These links do not represent any type of relationship between AKALA FASHION GROUP, SL. and the individuals or companies that own the websites that can be accessed through these links. AKALA FASHION GROUP, SL. reserves the right to withdraw unilaterally and at any time the links that appear on its website. In any case, and without prejudice to the foregoing, the forwarding by third parties of information and/or content to the public access sections of this website via e-mail or any other means shall imply the granting of AKALA FASHION GROUP, SL. of a non-exclusive and transferable license, with no time limit, worldwide and free of charge to reproduce, store, edit, modify, publish, incorporate into databases, communicate publicly, transmit, display, distribute, represent, or in any other way exploit commercially through any means, being able to carry out its alteration, transformation, modification derived from the same, not giving rise to any right to compensation, compensation or reimbursement or payment of fees or other economic rights of any nature in favor of the Users. AKALA FASHION GROUP, SL. reserves the right, at its sole discretion, to edit, reject or delete the aforementioned information and/or content.
The User who intends to establish a hyperlink between his website and the Website must comply with the following conditions:
- request prior authorization from AKALA FASHION GROUP, SL.;
- may not cause confusion to other potential users as to the origin and ownership of each of the web pages, so that the link will only allow access to the homepage or home page, and will not create a frame on the Website;
- the web page on which the link is established shall not contain information or content that is false, inaccurate or unlawful, contrary to the law, morality or generally accepted good customs and constitutionally established public order, nor shall it contain content that is contrary to the rights of third parties;
- The web page on which the link is established shall not contain any trademark, trade name, business name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to AKALA FASHION GROUP, SL. with the exception of those signs that form part of the link itself or those other properties that have been previously authorized in writing by AKALA FASHION GROUP, SL; and
- the establishment of the link does not imply in any case the existence of a relationship between AKALA FASHION GROUP, SL. and the owner of the web page in which it is established, nor the acceptance or approval by AKALA FASHION GROUP, SL. of its contents or services, and therefore it shall not be stated or implied that AKALA FASHION GROUP, SL. has authorized the link or that it has supervised or assumed the services made available on the web page in which the link is established.
AKALA FASHION GROUP, SL reserves the right to revoke, terminate or modify at any time and for any reason, the authorizations granted under these Terms and Conditions. Without prejudice to this, AKALA FASHION GROUP, SL may take legal action against any use by the User that:
- Is not in accordance with the Terms and Conditions specified herein;
- Infringes or infringes the intellectual and industrial property rights or other similar rights of Sigla or any other legitimate third party owner; or
- Infringes any applicable regulations.
The User shall be obliged to immediately modify or remove any property of Sigla from its website, or to remove any link to the Site, when required to do so by Sigla.
Access, viewing and, where appropriate, downloading of the Content and/or Services shall always and in all cases be for strictly personal and non- commercial purposes.
Notification of improper activities: AKALA FASHION GROUP, SL maintains a policy of strict respect for the industrial and intellectual property rights of third parties. Therefore, it is strictly forbidden to send or include in the website any content that may infringe such rights. Notwithstanding the foregoing, and despite the efforts of AKALA FASHION GROUP, SL, it is possible that, on an isolated basis, a User may insert content of this kind. In the event that any User or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the carrying out of any activity on the website and, in particular, the violation of industrial or intellectual property rights or other rights, they must send AKALA FASHION GROUP, SL a notification as indicated in the following section IX containing the following details: a. Personal details of the claimant: name, surname(s) and e-mail address; b. Description of the alleged unlawful activity carried out on the website and, in particular, in the case of an alleged violation of rights, a precise and specific indication of the protected content, as well as its location on the website; c. Indications and facts that point to the unlawful nature of said activity, including the principle of accreditation of the claimant's rights; d. Express declaration that the information provided in the notification is accurate and of the unlawful nature of the use of the content or the carrying out of the activities described.
V. SOCIAL NETWORKS
In compliance with the provisions of art. 10 of LSSI, we inform users that AKALA FASHION GROUP, SL,. is the provider of Information Society Services, of the links that our website establishes to our profiles on social networks: @akala__studio (Instagram), being the information provided in the legal notice of this website extensible to these profiles.
VI. RESPONSIBILITY OF AKALA FASHION GROUP, SL
AKALA FASHION GROUP, SL. makes every effort to keep its website up to date and to ensure that users can always access it. However, it is possible that, for technical reasons, the viewing and operation of the website may not be correct or complete. AKALA FASHION GROUP, SL cannot guarantee that its website will be always available, and therefore AKALA FASHION GROUP, SL shall not be liable for any damages of any nature that may arise from, including but not limited to (i) the lack of availability of the website, inferences, interruptions, crashes or suspensions, (ii) computer viruses, breakdowns and/or disconnections in the operation of the electronic system or in computer apparatus and equipment, caused by causes beyond the control of AKALA FASHION GROUP, SL, which prevent or delay the provision of services or browsing; (iii) Delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems that may be caused by third parties through illegitimate interference beyond the control of the establishment and which are not attributable to AKALA FASHION GROUP, SL; Differences in the information, documentation and/or other content of the website that may exist between the electronic version and the printed version, (vi) The impossibility of providing the Service or allowing access for reasons not attributable to AKALA FASHION GROUP, SL, including cases of force majeure.
The website makes available to users technical linking devices (such as, among others, links, banners, directories, etc.) that allow access to web pages or sites belonging to and/or managed by third parties in respect of which AKALA FASHION GROUP, SL is not the owner and has no type of link. Consequently, AKALA FASHION GROUP, SL shall not be responsible for the control and surveillance of the contents, nor shall it assume any responsibility for said web pages or sites. The user must exercise extreme caution when evaluating and using the information, contents and services made available to them through these web pages or sites belonging to and/or managed by third parties. The services of the information society offered on this website and not subject to prior contracting are offered to the user without any consideration whatsoever and only entail for the user the obligation to comply with the rules of use established in this Legal Notice. AKALA FASHION GROUP, SL is therefore under no obligation, with respect to these services, to comply with certain levels of availability or to adopt specific security measures. The user is informed that communications through open networks are not secure. It is the responsibility of the user to adopt all appropriate technical measures to reasonably control these risks and avoid damage to their equipment, loss of data and theft of confidential information.
AKALA FASHION GROUP, SL may, without prior notice, temporarily suspend the content of the website for reasons of maintenance or repair of its systems and introduce the changes it deems appropriate on the website.
Although AKALA FASHION GROUP, SL acts in good faith, it shall not be liable, directly or indirectly, for any claims that may arise from the quality, reliability, accuracy or correctness of such content.
VII. WEB USABILITY
Capacity and age of majority: By placing an order through the website, the User guarantees that he/she has the necessary legal capacity to enter into binding contracts and is not under 18 years of age.
VIII. OBLIGATIONS OF THE USER
The User assumes responsibility for the use of the website. This responsibility extends to the registration. In such registration, the User shall be responsible for providing truthful and lawful information. Because of this registration, the User may be provided with a password for which he/she will be responsible, undertaking to use it diligently and confidentially.
The user is obliged to comply with these General Conditions of Use and, where applicable, the Specific Conditions that may be applicable, as well as to comply with the special warnings or instructions for use contained therein or on the website itself.
The user must make lawful use of the services of this website in accordance with current legislation, respecting the intellectual property rights of AKALA FASHION GROUP, SL or third parties.
The User shall use the diligence appropriate to the nature of the service he/she enjoys, and shall not use the services provided by AKALA FASHION GROUP, SL to carry out any action that may cause damage or alterations to the contents or hinder the proper functioning of the website, expressly undertaking by the sole use of the same not to cause technical problems of any kind, transfer elements likely to carry computer viruses or damage, interfere with or intercept all or part of the website, and not to intervene or alter the e-mail of other Users. Likewise, it is expressly forbidden for the User to authorize third parties to use the website, in whole or in part, or to introduce and/or incorporate the Content and/or Services incorporated therein as, or in, a business activity of their own. The use or application of any technical, logical or technological resources by virtue of which Users may benefit, directly or indirectly, with or without profit, from the unauthorized exploitation of the Contents and/or Services or the website itself, is expressly prohibited.
The User shall be personally liable for damages of any nature caused to AKALA FASHION GROUP, SL and/or any other user or third party for breach of these Terms and Conditions.
IX. WITHDRAWAL AND SUSPENSION OF SERVICES
AKALA FASHION GROUP, SL reserves the right to remove any comments or content published by the User on the Website which in its opinion are not appropriate for publication or to require the User to remove them immediately, as well as to deny or withdraw access to this Page and/or the Content offered, at the request of AKALA FASHION GROUP, SL or a third party, to those users who do not comply with these Terms and Conditions.
Likewise, AKALA FASHION GROUP, SL reserves the right to request the immediate removal of any link, comment or content in relation to this website that has been used, disseminated, distributed, published, exported, exploited, reproduced or copied in breach of the provisions of these Terms and Conditions by any means and in any medium.
Sigla will pursue any breach of these Terms and Conditions, as well as any improper use of the website, exercising all actions, including any criminal actions to which it may be entitled by law.
X. NOTIFICATIONS AND COMMUNICATIONS
Without prejudice to the provisions of the law, all notifications and communications made by the user to AKALA FASHION GROUP, SL must be sent by post to the following address: AKALA FASHION GROUP, SL, C/ Laguna Grande, 13 - 28034 Madrid.
XI. NULLITY OF THE CLAUSES
If any content of these General Conditions of use of the website is declared totally or partially null and void or ineffective, said declaration will only affect the content or part of the same that is null and void or ineffective, with the rest of the General Conditions remaining in force in all other respects and said content or part of the same that is affected being considered as not being in force, unless it is essential to these General Conditions and should affect them in their entirety.
XII. APPLICABLE LAW AND JURISDICTION
These General Conditions of access, browsing and use of the website, as well as any relationship between the User and AKALA FASHION GROUP, SL shall be governed by Spanish law.
Any dispute that may arise or is related to the use of this website shall be subject to the jurisdiction of the courts and tribunals of the consumer's domicile in accordance with the provisions of art. 90.2 of RDL 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defense of Consumers and Users and other complementary laws.
XIII. PROMOTIONAL CONDITIONS
Consult the list of establishments participating in or excluded from the promotions here
TERMS AND CONDITIONS OF PURCHASE
I. PREVIOUS INFORMATION
AKALA FASHION GROUP, SL informs that the formalities to purchase goods and/or obtain the services offered are those described in these general conditions, as well as those other specific ones that are indicated on screen during the browsing and purchasing process, so that the User declares to know and accept these formalities as necessary to access the products and services offered on this website.
By using this website and placing orders through it, the user agrees to:
a) Use this website solely and exclusively for the purpose of placing legally valid orders.
b) Do not place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we shall be entitled to cancel it and inform the competent authorities.
c) To provide us with your email address, postal address and/or other contact details truthfully and accurately for the processing of orders, and to keep these details up to date. If you do not provide us with all the information we require, we will not be able to process your order.
d) By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter a contract.
II. PURCHASE PROCEDURE
The items to be purchased must be selected and added to the shopping bag by clicking on the icon.
The shopping bag will contain the reference of the selected item, its name, size, chosen color and price, in the corresponding currency (taxes included). The price expressed does not include transport, whose rates will vary depending on the selected shipping method.
Before placing the order, the customer will be presented with a summary of the order identifying the product(s) added in the shopping bag, their total price (including transport and taxes) with each of the items broken down and the shipping details of the order, so that the customer can confirm the order by clicking on the button with the expression 'confirm payment'. If before confirming the payment you detect an error in your order, you can modify any detail of it by clicking on the 'edit' or 'delete' button. If you detect an error in your order once the payment process has been completed, please contact our customer service department at email@example.com ) Once the order has been placed, the order number will be communicated through the website itself so that the customer can, at any time and from their device, track it. Likewise, an automatic e-mail message will be sent to the address indicated by the client to acknowledge receipt of the order with a description of the order and including the personal data provided by the client. Failure to receive this message may be due to some transitory communications problem in the network or a typing error in the e-mail address provided. In both cases, AKALA STUDIO recommends the client to contact customer service. Receiving the above order acknowledgement does not signify acceptance of the order by AKALA STUDIO. The client's order constitutes an offer to AKALA STUDIO to purchase the product(s). All orders are subject to their acceptance by AKALA STUDIO. AKALA STUDIO is not obliged to accept the order and may, at its discretion, refuse to accept it. The client acknowledges that by clicking on the "confirm payment" button, he/she acquires the obligation to pay for the product(s) when AKALA STUDIO accepts the order. In this regard, when AKALA STUDIO accepts the order, it will notify the customer through a new email confirming that the order has been sent or, where appropriate, that it is available for collection (the "confirmation").
All orders are subject to product availability. If at the time of issuing the order, AKALA STUDIO detects the lack of stock in its warehouses of any of the products included in it, AKALA STUDIO will try to locate the product by other means that may be within its reach. If it is not possible to have such availability, the customer will be notified immediately. In addition, the amount of the item charged and not sent will be paid to the customer in the following days, by the same means of payment used in the purchase.
Right to non-acceptance / cancellation of an order: AKALA STUDIO may cancel any confirmed order or not accept an order placed for the following reasons:
- in the event of a technical error and/or a typographical error in the prices or other product data contained on the website when the order was placed;
- due to unavailability as described in point 3.6. above;
- when security systems indicate that the order may be fraudulent;
- where there are reasons to believe that the customer is a minor;
- when AKALA STUDIO has not been able to deliver the order to the address provided by the customer;
- when there is a computer attack, virus or any event beyond the reasonable control (force majeure) of AKALA STUDIO.
In such cases, AKALA STUDIO will fully reimburse the amounts that have been paid in accordance with the provisions of section vi below.
IV. PRICES AND METHOD OF PAYMENT
Prior to the final confirmation, a summary of the order will be shown online and all the data entered may be corrected by the user. The final confirmation of the order implies the conclusion of the contract with AKALA STUDIO.
On the screen corresponding to the payment of the order, the different means of payment (as well as the cards accepted) available in the establishment of reference will appear, marked with the corresponding logos, and you will be able to choose the one that is most convenient for you.
The different means of payment available to each establishment are as follows:a) Credit or debit card: Bank details collected through the payment gateway are encrypted and transmitted securely to the bank's servers. Credit or debit cards will be subject to checks and authorisations by the issuing bank, but if the issuing bank does not authorise payment, we will not be liable for any delay or non-delivery and we cannot enter into any contract with the user. AKALA STUDIO reserves the right to take any legal action it deems appropriate against anyone who carries out a fraudulent transaction or enters credit or debit card details without the authorisation of the cardholder. In the case of payment by credit or debit card, the order will not be considered effective until the AKALA STUDIO Administration Department obtains bank confirmation of payment.
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.
b) AKALA STUDIO accepts payment through the Paypal system.
Regardless of the payment method chosen, the user will receive an email confirming the order. The order data will be registered by AKALA STUDIO in the personal account created in the website by the user.
The User is responsible for correctly indicating the delivery address of the order. In the event of incorrect indication, AKALA STUDIO or the person responsible for the delivery, will try to contact the User and solve the error but declines all responsibility derived from these errors on the part of the User.
The risk of the products shall be borne by the customer from the time of delivery. The shipment of the products purchased through the Website/Application will be made through a courier company and will be delivered within a period indicated on the Website/Application according to the selected shipping method and, in any case, within a maximum period of thirty (30) calendar days from the date of receipt of the Confirmation.
Orders can be tracked through the Website/Application where it will be indicated, at all times, where the product(s) is (are) located until its (their) final reception. The price of transport is calculated according to the shipping method chosen and the total price of the products purchased.
The exact price of the transport will be calculated when each item is placed in the shopping bag and will be shown on the page summarising the purchase before the customer confirms the order by clicking on the 'Confirm payment' button and before entering the payment details.
Orders cannot be shipped to military bases or post office boxes. Shipping costs may be changed at any time without prior notice. Such a change will be applicable from the moment the modification is included in these Conditions of Sale. In any case, the shipping costs that appear at the time of placing the order will be valid.
All claims can be sent to the email address firstname.lastname@example.org or by written communication addressed to Customer Service Department, AKALA FASHION GROUP, SL, CALLE LAGUNA GRANDE, 13 - 28034 MADRID.
In addition, AKALA FASHION GROUP, SL has Complaint Forms available to its customers in the establishment of reference. We recommend users to process their complaint at the establishment responsible for the actual provision of the service.
VII. DATA PROTECTION AND COOKIES POLICY
VI. DURATION AND TERMINATION
The provision of the website services is, in principle, of indefinite duration. AKALA FASHION GROUP, SL may, however, terminate or suspend the provision of the website service at any time, without prejudice to what has been stipulated in this regard in the corresponding specific conditions. Whenever reasonably possible, AKALA FASHION GROUP, SL will give prior notice of the termination or suspension of the provision of the website service.