Privacy policy, Legal notice and Cookie information updated 20 January, 2020
1. Consent and purpose.
1.1. The person who accesses this Web Site (from here forward, the USER), guarantees that they have the full capacity to act as well as the legal capacity to navigate autonomously and with understanding.
1.2. Personal information that Users provide to Michael Vincent Padilla (from here forward ThePadilla), through this website will be subject to the indicated treatment and purpose in the corresponding forms established to that effect, and therefore it will be understood that by providing personal details, the User consents to the treatment of those details.
1.3. ThePadilla would like to inform you that personal information provided to complete the Contact form will be incorporated in the “CLIENTES Y PROVEEDORES’ file duly inscribed with the Spanish Agency for Data Protection and will be used with the purpose of managing clients, providers, accountants, administration and legal accounts.
1.4. ThePadilla would like inform you that personal information provided by the User through e-mail communications will be subject to treatment for the purpose of managing clients and providers and with the purpose of managing collaborators and contacts.
1.5. Questions included in each one of the forms are voluntary with the exception of those marked with an (*) or with the expression “obligatory”, which will be required responses. ThePadilla reserves the right to not process requests or information petitions that are incomplete or clearly incorrect.
1.6. Personal information that the Users provide through ThePadilla accounts on social media will be subject to treatment with the purpose of managing clients and providers (publicity, commercial research, online sales, help system for making decisions, compiling addresses and electronic commerce):
2. Data protection.
2.1. ThePadilla strictly complies with current Spanish and European Union legislation in terms of protecting personal information, in particular, the Organic Law on Data Protection (LO 15/1999) and the regulation on which it is based (Royal Decree 1720/2007).
2.2. ThePadilla adopts the technical and organizational measures necessary to avoid the loss, misuse, alteration, unauthorized access or robbery of the personal information provided, taking into account the state of technology, the nature of information and the risks to which they are exposed. ThePadilla is continually trying to develop new technologies that protect their information.
2.3. Notwithstanding, the User understands and accepts the aspects that using services on the Internet implies given the open, decentralized and global character of this communications network.
2.4. For this reason, ThePadilla does not guarantee the impregnability of its security systems nor the privacy of the information stored within.
3. ARCO Rights.
The User can exercise their ARCO rights (Access, Rectify, Cancellation and Oppose) in the terms legally through any of the following ways:
1. By sending an e-mail to the following address: michael.v.padilla@gmail.com, attention MICHAEL VINCENT PADILLA.
2. The User can ask, through the same e-mail address and attention the same person, to be provided the way to execute any of the rights mentioned.
4. Electronic communications.
All of the forms on this Website will require express consent to be able to send commercial communications by any means, including e-mail or through equivalent forms of electronic communication, in agreement with the provisions of article 21 of Law 34/2002, on services for information society and electronic commercial.
5. Cession of information to Third-parties.
5.1. ThePadilla will not cede any personal information to third parties with commercial interests.
5.2. Access by third parites will not be considered communication of information if it is necessary for providing a service with ThePadilla.
6. SPAM.
6.1. It is expressly forbidden to use any of the e-mail addresses or social media profiles of this Website to send advertising communications without have previously been authorized by the addressee of the same.
6.2. Communications relating to publicity or promotions received at these e-mail addresses or the Social Media accounts of ThePadilla without having been previously requested will result in complaints being filed to the corresponding authorities.
1. Identification.
1.1. The following text regulates the use of the services on the Website that Michael Vincent Padilla (hereafter So Catchy! or ThePadilla) has made available to Internet users.
1.2. ThePadilla Is the owner of the Website found on the Internet at https://thepadilla.com and e-shop, and of the social media profiles linked to the same (Facebook, Twitter , Instagram , Vimeo , Youtube & Linkedin).
1.3. ThePadilla, is located at C/Jorge de Montemayor 2B, 41009, Sevilla and NIE X7248013T. Telephone: +34 600 33 58 32. E-mail: michael.v.padilla@gmail.com
1.4. Anyone who accesses the Website will be considered a User.
2. Objective.
2.1. Access to and usage of this website, as well as any subdomains or directories (in the Website) are subject to this Legal Notice and General Terms and Conditions of Use, as well as Particular Conditions that, according to the case, may regulate the use of certain services offered herein. As such, the User should closely read this Legal Notice as well as the corresponding Particular Conditions.
2.2. Use of this site is also subject to all of the warnings, rules of use and instructions that, made public knowledge to the User of ThePadilla, substitute, complete and or modify the present General Terms and Conditions of Use.
2.3. By using this Site, or any of the sites included in the web page, the User accepts, without limitations, this Legal Notice, the Privacy Policy, the Cookies Policy and the Terms and Conditions of Sale. As such, if you are not in accordance with the information contained in this document, please do not use the Site.
2.4. ThePadilla reserves the right to make changes to the Site without previous warning, with the objective of updating, correcting, modifying, adding or eliminating content from the Site or its design. Due to the fact that information is not updated immediately, we suggest that you verify the validity and exactitude of the information, services and content contained on the Site.
3. General Terms & Condition of Use of the Website.
3.1. Minimum Age. Users of this website can be adults and minors. However, only users above the age of 18 or their parents or legal representatives may formalize an order and provide shipping details.
3.2. Lawful and Moderate Use. We ask that you please use the Services that ThePadilla provides correctly and with moderation, to avoid alterations or overloads of the system. Only the correct use of the Services found on this Website will be allowed. The User promises to use the Services of the Website in agreement with the terms expressed in the Legal Notice, as well as the Privacy Policy, and the Terms & Conditions of Sale, and is responsible for using them correctly.
3.3. Licensing access and use. ThePadilla offers a non-exclusive limited license that is non-sublicensable, for access and use of the website and its services. This license is limited and revocable. The User is obliged to not use the Site or the services offered through the same for activities that are against the law, morals, public order, or that act against rights or interests of third parties, or that, in any other way, can cause harm to, deactivate, overload, deteriorate or impede the normal usage of the website. ThePadilla and its licensees, suppliers, editors and other holders of rights reserve any rights that are not expressly addressed in this Legal Notice. With the exception of a specific written agreement from ThePadilla, the User is not allowed to use the Site to offer services, advertising activities or commercial exploitation. Any breach of this Legal Notice will result in the annulation of the license provided by ThePadilla.
3.4. Truthful Information. All of the information that the User provides through the forms on the Website must be truthful. As such, the User guarantees the authenticity of all the information that they communicate and will maintain the information provided to ThePadilla up to date so that it reflects the current situation of the User. That said, the User, is the only responsible party for false or inexact declarations that they provide and for the damages this may cause to ThePadilla or to third parties as a result of the information they provide.
3.5. Responsability.
3.5.i) ThePadilla has created this “Website” to disseminate its principal activities, and to facilitate the access to its services, but it cannot control the use of the same in any way that is different from that laid out in the Legal Notice.
3.5.ii) ThePadilla absolves itself of any responsibility for the incorrect, illicit or negligent use by the User of the same, as well as any knowledge that unauthorized third parties might have of the class, conditions, characteristics and circumstances of use of the Site and Services by the Users. If a User considers that there is any content that may be illegal on this website, they should contact us through the contact form or by e-mail at info@socatchy.co.
3.5.iii) ThePadilla will not assume any type of responsibility for the content of third parties to Users are redirected from this Website (links or hyperlinks). Nor will it be responsible for the information published by Third Parties on this Website.
3.5.iv) ThePadilla has fulfilled all of the necessary contracts for the continuity of the Site and will make efforts to ensure that it does not suffer interruptions, but it cannot guarantee the absence of technical problems. As a result, it will not assume responsibility for damages or losses that are the result of unavailability and or failures due to disconnections, breakdowns, overloaded systems, network failures, or any other force majeure or exceptional services.
3.6. Complaints. Any user who acts against the image, good name or reputation of ThePadilla, or who transgresses the intellectual and industrial property rights associated with the content published on the Website, will be denounced to the corresponding authorities. ThePadilla reserves the right to reject or eliminate images uploaded by Users that infringe Spanish law in terms of author’s rights and industrial property and any others that might go against public order.
4. Intellectual and Industrial Property.
4.1. All of the content on this Website (Design of the site, source code, logo and brands, and other distinctive signs and symbols from ThePadilla and third-parties) are duly protected by regulations on intellectual and industrial property. Users of the site may at no time assume rights to any of the brands, commercial names and or distinctive signs and symbols, both of the Site and of third-parties.
4.2. The complete or partial reproduction, use, distribution, public communication, transformation and commercialization of the content of the Website is completely prohibited without written authorization by the owner.
4.3. The content of ThePadilla that appears on this Website belongs to the respective owners, and they will be responsible for any authorization to third-parties.
4.4. ThePadilla respects the intellectual and industrial property rights of third parties. As such, if you believe that the site might be violating your rights, please contact us at the following e-mail address: michael.v.padilla@gmail.com
5. Jurisdiction, language and applicable legislation.
5.1. The present terms and conditions have been written in Castillian Spanish as the principal public to which the site is directed knows this language. Although they will also be provided in English, the predominant language in any and all cases will be Castillian Spanish.
5.2. These terms and conditions are subject to current Spanish legislation. Any controversy that results from accessing this Website, ThePadilla and the User, with the exception of the existence of a legal imperative, will be subject to Spanish legislation and specifically the Courts and Tribunals of Sevilla Capital.
1. Introduction
1.1. In conformity with article 22.2 of the Law governing information society and electronic commerce services (LSSI), the following information will explain the types of cookies used on this site, So Catchy! or SC!, https://socatchy.co/ or e-shop and subdomains.
1.2. We will indicate if the cookies are our own or from a third party, their duration and purpose, as well as the possibility of deactivating them through browser settings.
2. What are cookies?
2.1. Cookies are files that are automatically saved on a user’s computers and electronic devices (computer, mobile, tablet, etc.) when accessing a specific application or webpage.
2.2.Cookies allow a site to, among other things, share and recover information on browsing habits of a user and, depending on the information they contain and the way in which they use their computer, allow a site to recognize a user.
3. Types of cookies.
Cookies can be divided into the following categories, keeping in mind that some cookies can be included in more than one:
3.1. According to the entity that manages them:
- – First-party. Managed and dealt with by the owner of the website that the user is accessing.
- – Third-party. Managed and dealt with by a third party other than the owner of the website that the user is accessing.
3.2. According to the time that they stay on the user’s system:
- – Session Cookies: They collect and store information while a user is browsing the site.
- – Persistent Cookies: They allow information to be stored, accessed, and used on the terminal or device during a specified amount of time which may vary between minutes and years.
3.3. According to their purpose:
- – Technical Cookies: These allow a user to browse a site, platform or application, and to use the different services available, such as controlling traffic and transferring data, identifying the session, accessing restricted sections, finalizing purchases, signing up for events, utilizing secure navigation elements, and more.
- – Personalized Cookies: These allow a user to access the service with predefined options according to a series of criteria in their terminal, such as language and browser type among others.
- – Analysis Cookies: These cookies allow their owners to perform analysis on the behaviours of users on websites not associated with theirs. The collected information is used to measure the activity of web platforms and to create browsing profiles for users, with the goal of improving areas indicated by data analysis.
- – Advertising Cookies: These allow for the management of advertising space that the editor has included in the website according to criteria such as the content viewed or frequency with which ads are shown.
- – Advertising Related Cookies: These allow for the management of advertising space that the editor ahs included in the website, through the storage of the user’s behavioural information obtained through continuous observation of their browsing habits, which allows for the development of a specific profile to show personalized advertising.
4. Cookies exempt from article 22.2o of the LSSI.
4.1. Authentication or Identification cookies for users and security and access cookies for the user, session cookies to balance loading, multimedia reproduction sessions, User interface personalization or plug-ins for social media are exempt from complying with article 22.20 of the LSSI.
4.2. For more information, please consult Ruling 4/2012 of the Working Group on Article 29 through the following link.
Cookies used:
|
Name |
Service |
Purpose |
Type |
Domain |
Duration |
More info |
|
__utma |
Google Analytics |
Used to distinguish users and sessions. The cookie is created when the JavaScript library is opened and theere is no __utma cookie. Updated every time information is sent to Google Analytics |
Analysis |
3rd-party (Google Inc.) |
2 years after configuration or update |
TERMS & CONDITIONS OF SALE
Last updated the 24th of July, 2020
- Area of application.
- Contract.
- Availability of products.
- Prices & forms of payment.
- Shipping.
- Return policy – waiver.
- Legal Guarantee.
- Severance.
- Jurisdiction, language and applicable legislation.
1. Area of application.
1.1. The present Terms and Conditions of Sale are valid for all orders made through the website www.thepadilla.com (e-shop) (“the website”). Please read these terms & conditions closely before placing an order.
1.2. By placing an order for our products, you agree with the following provisions and confirm that you are capable of entering into legal contracts and are of at least 18 years of age. Any regulations that differ from the provisions here will only be accepted if they have been previously confirmed by writing.
2. Contract.
2.1. Contracting parties.
This website for the sale of personalized products on the Internet is operated by Michael Vincent Padilla, with fiscal residence C/Jorge de Montemayor, 2B, 41009 Sevilla & NIF X7238013T. For more information, please see our Legal Notice above.
2.2. Consent.
A User who wishes to make a purchase on our Website must accept the terms & conditions of purchase and sale that are included in the confirmation section of the ordering process. Any order placed will be under the total acceptance of these terms & conditions of purchase and sale.
2.3. Placing an order.
The user who wishes to acquire some of the products offered on this Website should select the item and add it to the shopping cart. Once there, the user must fill out the form with their shipping details before establishing the form of payment and the shipping expenses. Users must accept the Terms and Conditions of Sale before entering their payment details. When an order is placed, the User will receive an order confirmation by e-mail.
2.4. Proof of Purchase.
Once a payment has been made, you will receive e-mail notice accepting or denying the payment. This e-mail will also include a link to the terms & conditions of sale and the order number. After confirming the order, no modifications will be allowed nor order cancelations.
2.5. Customer Service.
For any questions about the contract process, feel free to contact our customer service section by e-mail at michael.v.padilla@gmail.com or at the following address: C/ Jorge de Montemayor, 2B 41009, Sevilla, the following telephone number: (+34) 600 335 832, or by reading our FAQ.
3. Availability of Products.
3.1. Validity.
Products and prices will be valid as indicated on the website.
3.2. Modification.
We reserve the right to modify at any time and without prior notice the products indicated on the website, as well as to limit the number of products that can be purchased by a User.
3.3. Availability.
Given the eminently artisanal or artistic nature of ThePadilla or SC!, the availability of the products offered will depend on confirmation from the provider or artisan charged with its production. We will accept no responsibility for any products that are not available on the Website. In case ThePadilla or SC! could not provide an agreed upon product, the full amount paid will be returned immediately.
4. Price and method of payment.
4.1. Total price.
The total price of your order (with VAT indicated), includes all additional expenses as well as shipping expenses, which is shown in the page before or when the check-out process is completed or order is placed. By confirming the order, you declare your agreement with the final price of the product.
4.2. Payment methods.
The product can be paid by credit or debit card (virtual TPV) and/or through Paypal. SC! uses a secure payment method through the implementation of SSL protocols. The sale of products is realized in Spain. Bear in mind that by making a payment from a foreign credit card, the credit agency that has issued the card may apply a fee for purchases made abroad (approx. 1-2%)
5. Shipping.
5.1. Zonification.
The client can choose the shipping methods which are available for their shipping area. Keep in mind that delivery periods, quality of service, delivery points and costs will be different for each form of transport. Zonification of shipping is as follows
- Spain Peninsula.
- Western Europe.
- Central Europe.
- Eastern Europe.
5.2. Delivery period.
The delivery period consists of the production period and the shipping period.
5.2.a) The production or elaboration period may vary between 3 and 28 days once the order has been finalized.
5.2.b) The shipping period may vary between 1 and 15 days, according to the delivery area and according to current events. Due to Covid-19, extra delays are to be expected in order fulfillment. Delivery periods may also change due to extraordinary incidents in transport and difficulties in delivering the product.
6. Return policy – waiver.
6.1. The products on ThePadilla or So Catchy! are exclusive and we do not carry extra stock. Be sure to check your measurements and the product measurements closely (specified on the product page) to ensure correct purchase.
6.2. In agreement with Spanish legislation relative to consumption, you have the right to waiver this contract in 14 days for any reason.
6.3. SC! states clearly and expressly that all products sold through this website are considered to be goods that have been either made according to the specifications of the consumer and user or clearly personalized, or sealed items that are not apt for return for reasons of protecting health and hygiene and upon delivery they have been opened. As such, the right to waive will not be applicable.
6.4. Section 6.3 notwithstanding, if the product is damaged or improperly made please get in touch with us at the following address: michael.v.padilla@gmail.com. Shipping expenses for damaged or improperly manufactured products will be paid for by ThePadilla or SC! while shipping expenses for other accepted returns will be paid for by the User.
7. Legal Guarantee.
7.1. SC! will answer to any lack of conformity that is expressed in a period of two years from the delivery, under the following conditions:
- Once 6 months have passed from the date of purchase, the purchasing User must show that the product has defects or a lack of conformity and that this has not been produced due to improper use or maintenance of the product on the user’s behalf.
- The consumer must inform SC! Of the lack of conformity in the period of two months from the moment they become aware of it.
- In case the complaint made by the purchasing User is considered, we will opt for repairing the item, reducing the price or resolving the contract in accordance with the agreement between the parties and the importance of the defect. In no case will the product be substituted, as all of the products are personalized and unique.
7.2. Notwithstanding, the products will conform with the contract as long as the following requisites are fulfilled:
- They fit the description provided by SC! And possess the qualities of the product that has been presented to the consumer as an example. The models published on the website will be used for proof.
- They are apt for the uses that other products of the same type are ordinarily used for.
- They present the quality and provision of service of a product of the same type that the consumer and user can with good reason expect, taking into account the nature of the product.
8. Severance clause.
If any of the dispositions of the present Terms & Conditions were declared invalid or null, that would not affect the validity of the remaining provisions.
9. Jurisdiction, language and applicable legislation.
9.1. The present terms and conditions have been written in Castillian Spanish as the principal public to which the site is directed knows this language. Although they will also be provided in English, the predominant language in any and all cases will be Castillian Spanish.
9.2. These terms and conditions are subject to current Spanish legislation. Any controversy that results from accessing this Website, ThePadilla or SC! and the User, with the exception of the existence of a legal imperative, will be subject to Spanish legislation and specifically the Courts and Tribunals of Sevilla Capital.