1. GENERAL INFORMATION
The ownership of Mahchialpaca.com, (hereinafter Web Site) is held by: Mahchi Alpaca S.L., with NIF: B05420005, and whose contact details are:
MAHCHI ALPACA LLC
Direccion:
7901 4TH ST N
STE 300
ST. PETERSBURG, FL. US 33702
Contact email: sales@mahchialpaca.com
Dirección del agente registrador:
NORTHWEST REGISTERED AGENT LLC
7901 4TH ST N
STE 300
ST. PETERSBURG, FL. US 33702
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website and the purchase or acquisition of products and / or services in it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity carried out through the Website comprises: ALPACA CLOTHING ONLINE COMMERCE.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the aforementioned, therefore, if he/she does not agree with all of them, he/she should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchases. If such a purchase could reasonably be deemed to have been made, it may be cancelled and the relevant authorities will be informed.
- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in the United States of America. It disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside the United States of America.
The User will be able to formalize, at his choice, with the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.
3. PURCHASE OR ACQUISITION PROCESS
The Users can purchase on the Web Site by the means and forms established. They shall follow the online purchase and/or acquisition procedure, during which several products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on: "Checkout".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an e-mail confirming receipt of his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and / or service in question and shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or features, how they will be carried out and / or cost of services; and acknowledges that the completion of the purchase order or purchase materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments involved during the transactions carried out on the Website could be archived and kept in the computerized records of in order to constitute a means of proof of the transactions, in any case respecting the reasonable conditions of security and the laws and regulations in force that in this regard are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data (RGPD) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. Should difficulties arise in the supply of products or should there be no products in stock, it undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Web Site are final, in dollars ($) and include taxes, unless otherwise indicated and applied by law, especially with regard to VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, it performs the services of delivery and / or shipping through: DHL
In no case the Website will add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card and Paypal.
Credit cards will be subject to checks and authorizations by the issuing bank, if the bank does not authorize the payment, it will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Upon receipt of the purchase order by the User through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, if applicable, place established.
6. DELIVERY
In those cases in which it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: United States of America.
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 10 calendar days from the date of the order confirmation.
If, for any reason attributable to it, it is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact the carrier to arrange delivery on another day.
If 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Mahchi, it will be understood that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it shall be understood that delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products upon receipt of full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on "Finalize Purchase", has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User acquires products on or through the Website of the owner, he/she is entitled to a number of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from such purchase within 30 calendar days without justification.
This withdrawal period shall expire 30 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Website from or in the event that the goods making up the order are delivered separately, 30 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the event that the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of in the case of a service contract, 30 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify Mahchi of his decision. This can be done, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form made available as an annex to these Conditions, however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, it will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 30 calendar days from the date on which it is informed of the decision to withdraw by the User.
It will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, it may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User may return or send the products to at:
And must do so without any undue delay and, in any case, no later than within 30 calendar days from the date on which he/she was informed of the withdrawal decision.
The User acknowledges knowing that he shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense governs the provision of a service that the User could hire on this Website, as this same Law provides that the Right of withdrawal will not assist the Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by , he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact immediately and let you know the existing nonconformity (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 30 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always apply.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products. For this purpose, the User must have retained all information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
- Any losses which are not attributable to any breach by you;
- Business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or for
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was made between them.
It also limits its liability in the following cases:
- Applies all measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
- Will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, road delays, and in general any other sector-specific, resulting in delays, loss or theft of the product.
- Technical failures that for fortuitous or other reasons, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and shipment/delivery of the products, but shall not be liable for causes not attributable to it, acts of God or force majeure.
- Will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, it will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- In general, it shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example but not exhaustive:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, the obligations will be suspended for the period during which the force majeure continues, and you will have an extension of time to fulfill them for a period of time equal to the duration of the force majeure. will use all reasonable means to find a solution that will allow you to fulfill your obligations in spite of the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Web Site, the User agrees that most communications with the User will be electronic (e-mail or notices posted on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and / or communicate with through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, you can contact and / or notify the User in your email or postal address provided.
11. DISCLAIMER
No waiver of any particular legal right or remedy or failure to require strict performance by the User of any of its obligations shall constitute a waiver of any other right or remedy arising under a contract or the Terms, or relieve the User of any of its obligations.
No waiver of any of these Conditions or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. VOID
If any of the present Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
The information or personal data provided by the User in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided is true.
14. DATA PROTECTION
The information or personal data provided by the User in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided is true.
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Web Site and the contracts for the purchase of products through the same shall be governed by Spanish law.
Any controversy, problem or disagreement arising out of or related to the access, browsing and/or use of the Web Site, or the interpretation and execution of these Conditions, or the sales contracts between and User, shall be submitted to the non-exclusive jurisdiction of the courts and tribunals of the United States.
16. COMPLAINTS AND CLAIMS
The User can send their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, there are official complaint forms available to consumers and users, and that they can request at any time, using the contact details provided at the beginning of these Conditions (General Information).
Also, if a dispute arises from the conclusion of this purchase contract between and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.