General conditions for users

Paolo Leduc (hereinafter “Paolo Leduc“) is an online platform that offers clothing, fashion accessories, artistic creations and innovative design objects to users interested in acquiring them (hereinafter the “USER” or “THE USERS“), offering a channel for the purchase, payment and shipment of goods to the address designated by the USER. The use of the web and the registration by the USERS in https://paololeduc.com/ implies the full understanding and assumption of these General Conditions.

These General Terms and Conditions govern the access and use of the Web Site accessible through the domain name https://paololeduc.com/ and its subdomains (hereinafter the “Web Site“), as well as the contracting through the same.

The registration on the Website as “REGISTERED USER” attributes such status to the person who is duly registered by Paolo Leduc by request of the USER, either through a form on the Website, as a result of the purchase of a good or contracting a service, and implies acceptance of all the terms included in the General Conditions of the Website.

It shall be the responsibility of every USER and/or REGISTERED USER to carefully read the General Conditions of use applicable each time he/she accesses the Web Site, since both the Web Site and the General Conditions may suffer modifications. Any reference to USER is applicable to a REGISTERED USER, while the conditions applicable to REGISTERED USERS shall require that the same has effectively contracted a service or acquired a good through the Web Site.

The owner of the Web Site reserves the right to make at any time and without prior notice any update or modification of the contents and the General Conditions and, in general, of any elements that integrate the design and configuration of the Web Site. The use of certain services will also imply the acceptance, without reservation, of the particular rules or instructions that the owner of the Web Site may establish at any time with specific, substitutive or complementary character to the present General Conditions.

By accepting these General Conditions, the USER declares that (i) he/she has read, understands and comprehends them; (ii) he/she is a person with sufficient capacity to contract; (iii) and assumes all his/her obligations. In case of not agreeing totally or partially with these General Conditions, the USER must abstain from using the Web Site and/or communicating with https://paololeduc.com/ electronically.

1. Ownership of the website

The domain https://paololeduc.com/, as well as all its subdomains, is owned by Paolo Leduc (in these Conditions, the “Holder”), with NIF 20561093j and business address at Masia Cal Estellar – Hípica El Oso Pony, Urbanització Quint Mar, 08870, Sitges – Barcelona, being operated through the trademark Paolo Leduc, with email contact contact@paololeduc.com.

2. Creation of the Registered User

The USER may create, free of charge, a “Registered User” to hire the services offered by Paolo Leduc on the Website. The registration process of a Registered User will be supervised by the Owner and/or Paolo Leduc, who may take any steps it deems necessary to ensure the accuracy of the information provided by the USER, as well as its ability to hire the desired services. For the purposes of these General Conditions, it shall be deemed to be a Registered User any user who receives from Paolo Leduc the confirmation of a Reservation, without prejudice to the fact that a registration form has not been specifically completed on the Website.

Paolo Leduc can refuse, without any justification, the creation, registration or maintenance of a Registered User on its Website.

For the creation of the user, the USER will choose his own login (e-mail and password), if required by the access system set up by Paolo Leduc. The only criteria used for this purpose is the non-existence of previous access codes identical to those chosen by other users, as well as a minimum number of characters required.

The USER agrees to make diligent use of the passwords, not to share them with third parties and to immediately notify Paolo Leduc of the loss or theft of them, as well as any risk of access to them by a third party, as soon as possible.

The creation of a Registered User by a USER doesn’t imply automatic acceptance by Paolo Leduc, which may perform as many verification processes as it deems appropriate before authorizing the effective registration of the USER on the Website.

In any case, Paolo Leduc reserves the right to remove the Registered User at any time, without prior notice or justification.

With the creation of a Registered User, the USER may hire the services offered for rental and purchase of goods, under the terms specifically offered through the Website.

3. Contracting services through Paolo Leduc

Both the access and the navigation in certain parts of the Website https://paololeduc.com/ are free of charge.

Through https://paololeduc.com/ it is possible to purchase the various goods offered on the platform, in particular, clothing, fashion accessories, artistic creations and innovative design objects.

When a USER wishes to purchase a specific good, he/she shall request it through the Website, and the following essential conditions shall apply to this process:

 I. Order processing

The processing of the order will be initiated through the Website or any application created by Paolo Leduc for this purpose.

The USER shall select the garment(s) and/or accessories, artistic creations or design objects that he/she wishes to purchase and shall indicate the measurements or size if necessary.

Once selected the goods that the USER wishes to purchase, will be enabled the way for the USER to proceed with the payment of the chosen items.

Paolo Leduc will confirm by email to the email address provided by the USER, the order received

II.Availability

The garments, accessories, artistic creations and artistic designs that Paolo Leduc offers for sale will be available in those geographical areas specifically indicated. Paolo Leduc will increase its coverage area, although for logistical reasons the availability of certain goods may be restricted to certain cities, regions or specific countries. All product orders are subject to product availability.

If there are difficulties in the supply of products or if there are no items in stock, Paolo Leduc reserves the right to provide information to the USER about substitute products of equal or greater quality and value. If the USER doesn’t wish to proceed with the order of substitute items, Paolo Leduc will refund any amount that the USER may have paid.

If the contracted good or service is not available, when the USER has been expressly informed of this possibility and has not expressed his disagreement in this regard, the entrepreneur may provide without price increase a good of similar characteristics that has the same or higher quality. In this case, the USER may exercise his rights of withdrawal and termination in the same terms as if it were the good or service initially required.

III. Delivery of goods

Without prejudice to the provisions above regarding the availability of the products and unless extraordinary circumstances or force majeure prevent the execution of the contract, the receipt of the purchased goods will take place at the address indicated by the USER.

The transport and delivery of the order to the USER will be carried out by an independent company, clearly indicating the price of such concept at the time of purchase through the Website. Depending on the type of goods and the geographical location of the address designated by the USER, transport costs may be included in the price of the goods purchased or may be billed additionally. In any case, the cost of transport will be indicated to the USER before confirming any order.

The USER will know the transport company in charge of shipping, delivery and reception for the return of the order through the confirmation sent to him by Paolo Leduc, as well as any tracking number that the transport company may have provided.

During the purchase process, the USER will be informed of the estimated delivery date, in accordance with the indications received from the shipping company. Any delay attributable to the transport company may not be reclaimed to Paolo Leduc, insofar as the delivery of the purchased product to the transport company is made within 5 working days of the order confirmation.

Delivery of the order shall be deemed to have taken place at the time when the USER or a third party designated by the USER has acquired possession of the ordered goods.

IV. Price and payment method

The prices on the Website include VAT and shipping costs, once the USER has specified the specific shipping address. Prices may change at any time, but possible changes will not affect orders for which Paolo Leduc has already sent a shipping confirmation.

In accordance with the terms of Law 37/1992 of 28 December 1992 on Value Added Tax, the delivery of the articles shall be deemed to be located in the territory where Spanish VAT applies if the delivery takes place within Spanish territory. The applicable VAT rate shall be that legally in force at any given time depending on the service and the specific item in question.

To proceed with the payment on the Website, the USER will be redirected to the payment gateway. He/she will only have to enter his/her credit card details. Payment can be made with Visa, Visa Electron or Mastercard. Credit cards will be subject to verifications and authorizations by the issuing entity. If such entity doesn’t authorize the payment, it will be understood that the contract could not be formalized and Paolo Leduc shall not be liable for any delay or inability to carry out the contract for such causes.

Whenever permitted by the Owner, payment may also be made through Paypal or Bizum, following the instructions of the Website.

V. Returns policy

The return of products may only take place by withdrawal exercised by the USER within the legally stipulated period or by lack of conformity of the goods purchased. In any case, the USER must communicate to Paolo Leduc his desire to return the purchased goods, by email to contact@paololeduc.com.

Without prejudice to the rights of the USERS in accordance with current legislation, when the return is accepted for any legal reason, Paolo Leduc may offer the USER:

• A substitute good of identical value to the one to be returned.
• A substitute good of greater value than the one intended to be returned, facilitating the payment of the difference to the USER.
• A voucher for the amount of the returned products that may be spent by the USER within 6 months of its issue.

The USER will be responsible for ensuring that both the product and its packaging arrive in perfect condition, being necessary to pack the items properly, in order to avoid possible damage during transport. The USER is responsible for the condition of the returned goods, which must be returned in the same state of preservation as when they were delivered.

At the time of return of the returned goods Paolo Leduc will verify that they are in perfect condition. In the event that it is found that a certain item has suffered any damage or impairment, the USER shall indemnify Paolo Leduc at the time of delivery of the same, with the cost of the damage. The assessment of such damages will be made, in good faith, by Paolo Leduc.

Paolo Leduc will inform the USER of the cost of repair or replacement cost, without the possibility for the USER to seek alternative providers of such services. Once the damage has been quantified, such amount will be deducted by Paolo Leduc from the amount of the refund due to the USER, either by deducting the amount of the damage from the balance due to the USER or from the value of the voucher given to the USER as a result of the refund.

VI. Cancellation policy

To request the cancellation of an order before it has been shipped, the USER must contact customer service by e-mail to contact@paololeduc.com, as long as the products purchased have not already been delivered to the shipping company.

In case of cancellations, the amounts previously paid by the USER will be refunded through the same method used for the initial transaction, and will be notified by email. Alternatively, Paolo Leduc may offer the possibilities referred to in paragraph V above: replacement of the product or delivery of a voucher for the value of the cancelled order.

VII. Right of withdrawal

The USER has the right of withdrawal provided for in Article 102 and following of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users.

The USER shall communicate to Paolo Leduc its desire to cancel the contract for the purchase of goods within 14 days of receipt of the purchased goods, by email to contact@paololeduc.com.

In case of correct exercise of the right of withdrawal, the cost of returning the goods will be fully borne by the USER.

The return of the purchased goods on which the USER’s right of withdrawal has been exercised must be returned to Paolo Leduc:

• In its original condition, together with any accessories that may have been included in the original package
• In the package in which the goods were originally received, with their labels and in perfect condition.

The USER must, once accepted the right of withdrawal that will be communicated by email, take care of contracting the transport company, having to return the goods at its full cost and taking care of the processing and contracting of the referred transport company. The goods to be returned, the cost of which shall be borne entirely by the USER, having duly exercised the right of withdrawal, must be sent to the following address:

PAOLO LEDUC

Masia Cal Estellar – Hípica El Oso Pony, Urbanització Quint Mar

08870, Sitges – Barcelona

In the case of (i) provision of services, once the service has been fully performed, where performance has begun, with the prior express consent of the consumer and user and with the acknowledgement by him that he is aware that, once the contract has been fully performed by the trader, (ii) supply of goods made to the specifications of the consumer and user or clearly personalized or (iii) supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery, the USER shall not have the right of withdrawal, in the terms of art. 103.a) and c) and e) of Royal Legislative decree 1/2007.

Goods are understood as being manufactured according to the consumer’s specifications or clearly personalized, without the intention of being exhaustive, if modifications are made to the cut of certain garments, or they are manufactured based on the USER’s exact size and dimensions, or their embroidered or printed initials are included in a fashion item or accessory, or they are personalized or adapted according to their specific instructions.

VIII. Non-conformity with the delivered order

In case the USER considers that at the time of delivery the product doesn’t meet the stipulated in the contract, should contact Paolo Leduc immediately by email contact@paololeduc.com, indicating the product data, as well as the damage suffered or the non-conformity with what was requested by the USER during the booking process.

Once your request has been analyzed, Paolo Leduc will indicate to the USER how to proceed to manage the return and/or exchange of the garment or accessory, always taking into consideration the availability of the same.

The amounts paid for those products that are returned because of any tare or defect, when it actually exists, will be refunded in full to the USER, including shipping costs incurred to deliver the item, unless you opt for the replacement of the product whose nonconformity has been revealed by the USER. The refund will always be made in the same way in which the USER made his purchase. Alternatively, Paolo Leduc may offer the possibilities referred to in paragraph V above: replacement of the product or delivery of a voucher for the value of the cancelled order.

4. USER relationship with Paolo Leduc

Paolo Leduc is committed to provide quality garments, accessories, artistic creations and innovative designs, ensuring that all goods offered are properly described, but without assuming any responsibility for the correct and satisfactory performance of the same.

Paolo Leduc doesn’t guarantee that the specific contents to which a USER can access are complete, fit for purpose or legal, being exempt from any liability for the quality, safety, usability or any other aspect of the garments and accessories offered. Paolo Leduc is not liable for any loss or damage, direct or indirect, including lost profits, that the USER may suffer due to the impossibility of contracting through Paolo Leduc or an unsatisfactory provision of services at the USER’s criteria.

Paolo Leduc shall not be liable for any failure to comply with these conditions and the obligations under this contract due to legal cause, force majeure or any cause beyond its reasonable control.

5. USER Obligations

By accepting these General Conditions and complying with the registration process as a Registered User, the USER fully assumes the following obligations:

1. The user must be at least 18 years old.
2. All information provided by the USER prior to registering on https://www.paololeduc.com, as well as the information provided by the USER at the time of registration or after, must be complete, truthful and cannot create a user name or profile that is confusing or misleading to users of the Website.
3. The USER shall keep its information updated so that it remains true, accurate and complete.
4. The USER shall not perform any act or actions that could alter or damage the physical or mental integrity of any other user, or carry out any criminal or punishable act against another user of the Website. The USER expressly exempts Paolo Leduc from any liability that may arise from such acts and / or any claim by third parties for their actions, omissions or conduct before, during and after their use of the Website.
5. The USER shall not make any statement that discredits the Owner, Paolo Leduc, the Website, its services, products, directors, executives, employees, shareholders, agents, users of the website, neither on the website itself nor anywhere outside the website, except as required by law or in communications that are exclusively for Paolo Leduc.
6. Verifications by Paolo Leduc

As a condition to be or remain a Registered User in www.paololeduc.com, you may be asked and the USER must accept to provide informative documentation (ID, NIE, Passport …) as requested by Paolo Leduc at any time. In any case, Paolo Leduc reserves the right to perform as many checks, verifications, controls and confirmation processes it deems appropriate to verify the identity of Registered Users wishing to contract services or purchase goods through the Website.

Without prejudice to the verifications made by Paolo Leduc in relation to the quality and adequacy of the training content offered on the Website, the USER expressly disclaims any liability to the OWNER and Paolo Leduc for the accuracy, truthfulness or authenticity of the data published on the Website.

Acceptance to undergo verification doesn’t give the USER any right to continue visiting the Website.

Paolo Leduc may cancel or suspend the USER from the Website www.paololeduc.com at any time, without notice, with or without reason, and at its sole discretion. The USER may also unsubscribe from the service at any time without any term of permanence.

7. Account exclusivity

The USER may not share its account with any other person, nor use another person’s account. The USER shall be fully and solely responsible for all activity provided under its username and password.

If your account on www.paololeduc.com is suspended or closed, the USER will not be able to open another account on the Website.

8. Duration

These General Conditions shall apply from the moment the USER registers as a Registered User at Paolo Leduc (either through the telematic procedure enabled on the Website, either through the execution of a contract with the Owner) and for as long as he maintains such condition. These General Conditions shall also apply to those USERS who browse, use or visit the Website.

The Owner reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, without the possibility of the USER to claim any compensation for this reason.

The USER may terminate its Registered User at any time, without any obligation of permanence of any kind. To this end, it must communicate its intention to proceed with the cancellation through the means duly enabled by the Owner and / or Paolo Leduc, who will have a period of 15 working days to do so.

The Owner may terminate the Registered User at any time, without any right on the part of the USER to demand the permanence on the platform. Any termination or suspension, permanent or temporary, of a Registered User will be communicated by Paolo Leduc to the USER at the contact email indicated by the USER.

9. Industrial and intellectual property

All contents of the Website, understanding these to be purely enunciative, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (the “Content”), are the intellectual property of the Owner or third parties who have transferred them to the Owner, without being transferred to the USER any of the exploitation rights recognized by the current legislation on intellectual property on them, except those that are strictly necessary for the use of the Website.

The trademarks, trade names or distinctive signs contained on the website are owned by Paolo Leduc or third parties, without it being understood that access to the Website attributes any right over such trademarks, trade names and / or distinctive signs.

The reproduction, distribution, transformation and public communication, including its mode of making available, of all or part of the contents of https://paololeduc.com/, with or without commercial purposes, in any form or by any technical means, without the express permission of Paolo Leduc or the Owner, are expressly prohibited.

The USER agrees to respect the rights of Intellectual and Industrial Property owned by Paolo Leduc. You may view the elements of the site solely and exclusively for its personal and private use. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of Paolo Leduc, creator of the Website.

In the event of illegitimate and unauthorized dissemination of the Contents by the USER, the USER shall be liable for any damages, including legal and attorney’s fees, even if they are not preceptive, incurred to Paolo Leduc and the Owner.

The USER transfers to the Owner, free of charge and on a non-exclusive basis, all exploitation rights on texts, photographs, graphics, images, logos, icons and other audiovisual or sound content that the USER publishes or whose publication is authorized on the Website and whose intellectual property belongs to the USER (the “User Content”). Such assignment shall be understood to be made for the worldwide territorial scope, without any limitation whatsoever. The Owner may exploit the rights of reproduction, transformation, distribution and public communication of the User Content in the broadest sense recognized by law within the scope that corresponds to it.

The USER affirms to have all intellectual and industrial property rights on such User Content and agrees to assume any claim or liability, including damages, that any third party may exercise against the Owner or Paolo Leduc for considering infringed their rights by any of the actions arising from the obligations that the USER undertakes directly or indirectly with these General Conditions in relation to intellectual property rights. In addition, the USER agrees to indemnify Paolo Leduc against any damage that he or a third party may suffer as a result, directly or indirectly, of the formalization of the transfer of exploitation of rights regulated in this clause.

In case the USER (or a third party external to Paolo Leduc who communicates it to a USER) considers that any of the Contents of the Website whose intellectual property rights belong to Paolo Leduc violates its intellectual and/or industrial property rights, as well as any other rights, it must send a communication to info@paololeduc.com with the following information:

1. Identification data and contact information of the claimant or its legal representative.
2. Documentation proving your status as the owner of the allegedly infringed rights.
3. Detailed account of the allegedly infringed rights, as well as their exact location within the Website.
4. Express statement by the claimant that the use of the Contents has been made without the consent of the owner of the allegedly infringed rights.
5. Hiperlinks

Paolo Leduc doesn’t authorize the establishment of a link to the Website from those pages that contain materials, information or Contents that are illicit, illegal, degrading, obscene and, in general, that contravene the laws, morality or public order, or the generally accepted social norms.

In any case, the USER will be able to establish links in his web page that direct to the Web Site, as long as they fulfill all the following conditions:

a) the link may not reproduce the content of the Web Site or parts thereof in any form;

b) it’s not allowed to create a browser or a border environment over the sections of the Web Site, nor in any other way modify the Web Site;

c) it is not allowed to make false, inaccurate or incorrect statements or inaccurate information about the Website and/or, in particular, to state or imply that Paolo Leduc has authorized the link or that it has supervised or assumed in any way the Contents or services offered or made available on the Web page where such link is established;

d) the Web page on which the link to the Web Site is established shall not contain illicit information or Contents, contrary to morality and generally accepted good customs and public order, as well as shall not contain Contents contrary to any third party rights, including intellectual and industrial property rights and/or the right to honor, to personal or family privacy or to self-image or any other right, or Contents contrary to the rules regulating the protection of personal data.

In any case, Paolo Leduc reserves the right to prohibit or disable at any time any hyperlink to its website, especially in cases of unlawfulness of the activity or content of the website in which the hyperlink is included.

In case the Paolo Leduc portal contains links or hyperlinks to other Internet sites, Paolo Leduc will not exercise any control over such sites and Content. In any case, Paolo Leduc assume any responsibility for the contents of any of the links belonging to another website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity or legality of any material or information contained in any such hyperlinks or other Internet sites. Likewise, the inclusion of these external links does not imply any type of association, merger or participation with the linked entities.

11. Use of the website

In general, access to information and services provided by Paolo Leduc, will be free and free of charge, unless otherwise indicated for access to certain Content or services.

Unless prior and expressly authorization from Paolo Leduc, USERS may not perform any act that, directly or indirectly, involves a commercial exploitation of the Contents and services of this Website.

The use of Paolo Leduc’s Web Site must obey the contents of these General Conditions, any applicable legal provisions and the requirements of morality, generally accepted good customs and public order.

In any case, USERS will use the Content and services provided by Paolo Leduc subject to the law, being responsible for any conduct or activities that, in any way, may be unlawful or harmful to the rights of others or that may damage, impede or limit the use of this Website to other users.

With a mere enunciating character, the USER, in accordance with current legislation, must refrain from:

a) Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents of the Website except as authorized by law or expressly consented by Paolo Leduc or by whoever holds the ownership of the exploitation rights over the Contents.

b) Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with the current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by the USER or a third party.

c) Extract and/or reuse all or a substantial part of the Contents of the Website as well as the training resources that Paolo Leduc may make available to the USERS.

d) Use the Web Site to carry out illicit or criminal activities that infringe the rights of third parties and/or violate any applicable legal regulation.

12. Liability exemption of Paolo Leduc

Both access to this Website and the use that can be made of the information contained therein is the sole responsibility of the person who makes it. Paolo Leduc and the Owner shall not be liable for any consequence or damage or prejudice that may arise from such access or use of information, and therefore expressly disclaim any liability for any damages of any kind that USERS may suffer from the use of incomplete, inaccurate or outdated data, or the possible suspension, cancellation or inoperability of its contents or services offered.

In particular, Paolo Leduc doesn’t warrant and shall not be liable for: (i) the continuity of the Contents of the Website; (ii) the absence of errors in such Contents; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the Contents of the Website; and (vi) the damages caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that Paolo Leduc establishes on the Website or through the violation of the security systems of the Website.

If the USER becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could infringe the rights of third parties, it must immediately notify Paolo Leduc so that it can proceed to the adoption of appropriate measures.

Paolo Leduc and the Owner shall not be responsible for the accuracy, integrity or updating of the information published on the Website from outside sources and shall not be liable for hypothetical damages that may arise from the use of such information.

In any case access to the materials offered by Paolo Leduc on its website should not be understood as personalized advice to the USER, nor constitute any advisory relationship between Paolo Leduc and the USER.

13. Privacy Policy

Paolo Leduc protects the privacy of its USERS in accordance with current legislation. For more information on how Paolo Leduc treats personal data, please review our Privacy Policy, which the USER accepts when using the Website or communicating electronically with Paolo Leduc. Los datos referidos al USUARIO y/o a su asunto que se  faciliten a Paolo Leduc, son Información Confidencial.

Paolo Leduc will maintain the confidentiality of all Confidential Information, using such information in a reserved manner and only in connection with its legitimate activities and as requested by the USER.

14. Unilateral Modification

Paolo Leduc and the Owner reserve the right to modify or update these Terms and Conditions at any time and to modify, expand or reduce the material offered through the Website at any time by informing the USERS.

At any time and without notice, with or without cause, and in its sole discretion, Owner reserves the right to refuse service to anyone, or to impose restrictions on your account or account privileges.

Furthermore, at any time, without prior notice, with or without reason, and at its sole discretion, the Owner reserves the right to modify or discontinue all or part of the service.

15. Nullity or ineffectiveness of clause

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or part thereof, and these General Conditions shall survive in all other respects, such provision being considered totally or partially not included.

16. Applicable Law and Jurisdiction

Any dispute relating to these General Conditions shall be governed by Spanish law, submitting any dispute to the competent courts of the city of Barcelona, without prejudice to the mandatory forums that are unwaivable by express legal mandate.