1 - Introduction

This document (together with the documents mentioned herein) establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Conditions").
Please read the Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you must not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the conditions in force at the time of using the website or entering into the Contract (as defined below) will be applicable to you.

2 - Our Details

This website is operated under the name INTERESES COMUNES, S.L. (trade name LATIDO), a Spanish brand with registered office at Calle Diego de Leon, 31, 1º B, registered in the Mercantile Register of Madrid in volume 17,438, book 0, section 8 of the Register of Companies, sheet no. M-299272, folio 20 and CIF B83266130.

3 - Your Data and Your Visits to This Website

The personal information or data you provide us about yourself will be processed in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide us is truthful and corresponds to reality.

4 - Use of Our Website

By using this website and/or placing orders through it, you agree to:
1.- Use this website only to make legally valid inquiries or orders.
2.- Not to place any false or fraudulent orders. If it can reasonably be considered that an order of this nature has been placed, we will be authorized to cancel it and inform the relevant authorities.
3.- Provide us with your email address, postal address, and/or other contact details truthfully and accurately. Likewise, you consent that we may use such information to contact you if necessary (see our Privacy Statement).
4.- If you do not provide us with all the information we need, we will not be able to process your order.
5.- By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5 - Formation of the Contract

The information contained in these Conditions and the details contained on this website do not constitute an offer to sell, but an invitation to contract. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount will be fully refunded to you.
To place an order, you must follow the online purchase procedure and confirm payment. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed by email confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formalized when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be subject to the Contract. We will not be obliged to supply you with any product that may have been ordered until we confirm its shipment in a Shipping Confirmation.

6 - Product Availability

All product orders are subject to availability. In this regard, if difficulties arise in the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order. If you do not wish to order these substitute products, we will reimburse you for any amount you may have paid.

7 - Refusal to Process an Order

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will always do our best to process all orders, exceptional circumstances may arise that force us to refuse to process an order after having sent the Order Confirmation, so we reserve the right to do so at any time, at our sole discretion.
We will not be liable to you or to any third party for withdrawing any product from this website, regardless of whether such product has been sold or not, for removing or modifying any material or content on the website, or for refusing to process an order after we have sent you the Order Confirmation.

8 - Delivery

Notwithstanding the provisions of Clause 7 above regarding product availability and unless extraordinary circumstances arise, we will try to send the order consisting of the product(s) listed in each Shipping Confirmation within the specified delivery period or, if no delivery date is specified, within 15 days from the date of the Shipping Confirmation.
However, delays may occur for any of the following reasons:

• Sale periods and special discounts (e.g., Black Friday)
• Product customization.
• Specialized items.
• Unforeseen circumstances.
• Delivery area.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. Please note in any case that we do not make deliveries on Saturdays or Sundays.
For the purposes of these Conditions, "delivery" will be deemed to have occurred at the agreed delivery address and on the date agreed with the transport company, communicated via SMS and/or email.

9 - Shipping Policy

Shipping options may vary depending on the delivery address, the time the order is placed, and item availability.
Deliveries will only be made on weekdays from 9:00 AM to 7:00 PM.
During sales and promotional periods, or special situations (Black Friday, Christmas, or others), the delivery time may be longer than usual, and we are not responsible for possible delays by the transport company.
No shipments will be made to the Canary Islands, Ceuta, and Melilla.
Home deliveries will only be made under the following conditions.
Peninsular Spain: home delivery has a delivery time of 1-6 business days. Shipping cost will be €4.90.
Balearic Islands, Spain: delivery has a delivery time of 1-8 business days. Shipping cost will be €9.90.
Portugal: home delivery has a delivery time of 2-6 business days. Shipping cost will be €5.90.
Europe I (Germany, Austria, Belgium, Denmark, France -excluding islands-, Italy, Luxembourg, Netherlands, Poland, Czech Republic): home delivery has a delivery time of 1 to 8 business days. Shipping cost will be €15.90.
Europe II (Bulgaria, Croatia, Slovakia, Slovenia, Finland, Ireland, Latvia, Lithuania, Romania, and Sweden): home delivery has a delivery time of 1 to 8 business days. Shipping cost will be €27.90.
Europe III (Greece): home delivery has a delivery time of 1 to 12 business days. Shipping cost will be €39.90.

10 - Impossibility of Delivery

If, after an attempt, it is impossible to deliver your order to the registered address, we will inform you where your order is and how to collect it. You will have a maximum period of 15 days from the date of the Shipping Confirmation to collect your order in the manner agreed with the transport company. If, after this period, you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it terminated. As a consequence of the termination of the Contract, we will refund the price paid for such products, deducting the relevant shipping and handling costs, as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the provisions of this Clause, we consider the Contract terminated.

11 - Transfer of Risk and Ownership of Products

The risks of the products shall be borne by you from the moment of their delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this occurs at a later time.

12 - Price and Payment

The price of each product will be that stipulated at any given time on our website, except in the case of a manifest error. Although we try to ensure that all prices on the page are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and the amounts that had been paid will be fully refunded.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the price error is obvious and unequivocal and could have been reasonably recognized by you as an incorrect price.
The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Shipping guide.
Prices may change at any time, but (except as set out above) possible changes will not affect orders for which we have already sent you a Shipping Confirmation.
Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step will be to process the order and make the payment.
You can pay with Visa, Mastercard, American Express, Bizum, PayPal or bank transfer.
By authorizing payment, you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit note.
Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

13 - Exchange/Return Policy

13.1 - LEGAL RIGHT TO WITHDRAW FROM PURCHASE

Please contact us by sending an email to clientes@latidostore.com to proceed with the withdrawal of the purchase. In accordance with applicable regulations, if you are contracting online as a consumer, you may withdraw from the Contract (except when the object of the Contract is any of the products for which the right of withdrawal is excluded in Clause 12.2) at any time within 15 business days from the date of delivery of your order. You may prove the exercise of the right of withdrawal in any legally accepted form, and said right shall in any case be considered validly exercised by returning the products. This provision does not affect other rights recognized to the consumer by current legislation.

13.2 - CONTRACTUAL RIGHT OF WITHDRAWAL

In case of withdrawal from the purchase, the customer will bear the shipping costs to our warehouses for the product or products they do not wish to keep. This regulation does not apply to the gift card, the amount of which will not be refunded under any circumstances. The gift card will have an expiration limit of 1 year. Exchanges and returns of any item that does not come in its original packaging and with its original tags will not be accepted. For costume jewelry, special return conditions apply, and an item that does not retain its original seal cannot be returned under any circumstances.

13.3 - PRODUCT REPLACEMENT

Product replacement is possible when the customer decides so within 15 days of receiving the original product, provided that the sent product is in the same condition as it was delivered. In that case, send an email to clientes@latidostore.com to receive the appropriate instructions for replacement. Replacements are free of charge for the customer as long as they are made in peninsular Spain. For replacements outside this territory, shipping and return costs must be covered by the customer.

13.4 - GENERAL PROVISIONS

Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same condition in which you received them, labeled, and in perfect condition. Please return the item using or including its original packaging. You must also include all instructions, documents, and product packaging. No refund will be made if the product has been used beyond merely opening it or if it has suffered any damage, so you must be careful with the products while they are in your possession. The item or garment must retain its original labeling and must be in the same condition. Bags must be returned including the fabric bag in which they are wrapped (if applicable). Costume jewelry items must be returned with the original seal and in their corresponding box. The company is not responsible for the misuse or improper handling of any of its items. To proceed with the return or replacement of the product, it is required not to use perfumes or creams with them, as they deteriorate or alter the original state. The shipping cost of returns managed directly by the customer will be borne by them. Once received, after examining the item, we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within 30 days from the date of receipt of the item(s) in our warehouses. Whenever possible, you will receive the amount using the same payment method used in your purchase within an estimated maximum of 30 days from the confirmation of the acceptance of the return, depending on your bank.

13.5 - INTERNATIONAL RETURNS

If you wish to return a product that was delivered outside of Spain, you must send it at your own expense. If the courier delivering the package requests any payment, this will be deducted from the refund amount of the order.

13.6 - RETURNS OF DEFECTIVE PRODUCTS

In cases where you believe that at the time of delivery the product does not conform to what is stipulated in the Contract, you must contact us immediately, within 15 days of receiving the product, by writing to clientes@latidostore.com and indicating the order details, as well as the damage it has suffered, including images of the alleged defect. In our response, we will indicate how to proceed to send the products to our warehouses. After receiving the product, we will carefully examine the returned product and inform you, within a reasonable period, whether the case is valid. The return or replacement of the item will be carried out as soon as possible and, in any case, within 30 days of the date on which we send you an email confirming that the case is valid. The amounts paid for those products that are returned due to a defect, when one genuinely exists, will be fully refunded, including shipping costs incurred to deliver the item to you. The refund will be made using the same payment method that was used to pay for the purchase. The company is not responsible for the misuse or improper handling of any of its items. It is required not to use perfumes or creams that could deteriorate the original product in order for it to be returned in its original condition. Rights recognized by current legislation are reserved. 

 

– 14. Liability and Disclaimer

Unless expressly stated otherwise in these Conditions, our liability in connection with any product purchased on our website will be strictly limited to the purchase price of that product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:

• In case of death or personal injury caused by our negligence.
• In case of fraud or fraudulent misrepresentation.
• In any matter where it would be illegal or unlawful for us to exclude, limit, or attempt to exclude or limit our liability.

Without prejudice to the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their origin:
1.- Loss of income or sales.
2.- Loss of business.
3.- Loss of profits or loss of contracts.
4.- Loss of anticipated savings.
5.- Loss of data.
6.- Loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise.
All product descriptions, information, and materials on this website are provided as is and without express or implied warranties.
To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded for consumers and users.
The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.

15 - Intellectual property

You acknowledge and agree that all copyright, trademark, design of garment models and other intellectual property rights over the materials or content provided as part of the website belong at all times to us or to those who licensed their use to us. You may use such material only in the manner expressly authorized by us or by those who licensed their use to us. This will not prevent you from using this website to the extent necessary to copy information about your order details or contact information.

16 - Viruses, hacking and other cyberattacks

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other program or material that is technologically harmful. You must not attempt to gain unauthorized access to this website, to the server on which this website is hosted or to any server, computer or database connected to our website.
You undertake not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Breaching this clause may result in the commission of offenses under applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful program or material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from it or content to which it redirects.

17 - Links from our website

In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we accept no responsibility for any damage or loss arising from their use.

18 - Written communications

Applicable regulations require that some of the information or communications we send you must be in writing. By using this website, you accept that most of these communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your statutory rights.

19 - Verbal communications (by phone or in person)

It may happen that the information or communications we provide you are verbal (by phone or in person). As a general rule, such data will always be backed up and will be consistent with the information provided on this website and in these Conditions, and we will endeavor to keep a written record of verbal communications whenever possible.
If a supposed exchange is not transcribed, it will be considered human error, without giving rise to future claims or compensation to the extent legally permitted. This condition will not affect your statutory rights.

20 - Notifications

Notifications you send to us must be sent by email to clientes@latidostore.com. In accordance with the provisions of the preceding clauses and unless otherwise stipulated, we may send you communications either to the email address or to the telephone number you provided when placing an order.
Notifications will be understood to have been received and correctly made when it can be proven that the email address and telephone number correspond to the data specified by the recipient.

21 - Assignment of rights and obligations

The Contract is binding on both you and us, as well as on our respective successors, assignees, and heirs.
You may not transmit, assign, charge, or otherwise transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent.
We may transmit, assign, charge, subcontract, or otherwise transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, charges, or other transfers will not affect your rights, if any, as a consumer recognized by law or annul, reduce, or otherwise limit the express or implicit guarantees that we may have granted you.

22 - Events beyond our control

We will not be liable for any failure or delay in fulfilling any of the obligations we undertake under a Contract, the cause of which is due to events beyond our reasonable control ("Force Majeure Event").
Force Majeure Events will include any act, event, non-exercise, omission or accident that is beyond our reasonable control and, among others, the following:

• Strikes, lockouts or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failures or accidents of maritime or river transport, postal or any other type of transport.

It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for the time that is necessary for it. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Event.

23 - Waiver

Our failure to insist upon strict performance of any of your obligations under a Contract or these Conditions or our failure to exercise any of the rights or remedies to which we are entitled thereunder shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
No waiver by us of any specific right or remedy shall constitute a waiver of any other rights or remedies derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or remedies derived from the Contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.

24 - Partial nullity

If any of these Conditions or any provision of a Contract is declared null and void by a final resolution by a competent authority, the remaining terms and conditions will remain in force, unaffected by such declaration of nullity.

25 - Entire agreement

These Conditions and any document expressly referred to therein constitute the entire agreement between you and us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or promise between you and us, whether oral or in writing.
You and we acknowledge having consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or which could be inferred from any statement or writing in the negotiations entered into by the two before such Contract, except as expressly stated in these Conditions.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.

26 - Our right to modify these terms

We have the right to review and amend these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you use this website or place each order, unless by law or decision of government agencies we must make retroactive changes to such policies, Conditions or Privacy Statement, in which case, any changes will also affect orders you have placed previously.

27 - Applicable law and jurisdiction

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.
Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect your rights as such recognized by current legislation.

28 - Comments and suggestions

Your comments and suggestions are welcome. Please send such comments and suggestions to us via our contact email (clientes@latidostore.com).

29 - Assignment of image rights for use with Photoslurp:

By providing your permission, you guarantee authorship and/or ownership of the image, and that there are no other entities with proprietary rights over it. You grant Intereses Comunes, S.L. non-exclusive and non-revocable commercial rights to reproduce the image in any form (including, but not limited to, video, online publication, reproduction, display, email, publishing and distribution), whether through our own services, or through services provided by third parties, worldwide in any medium existing or later developed and without restriction or limitation. You agree that your image may be used by Intereses Comunes, S.L. in its original version or accompanied by illustrations, cartoons, captions, videos, artwork, textual materials, or other photographs. Intereses Comunes, S.L. undertakes to make commercially reasonable efforts to credit you for your photo and provide a link to your Instagram account; however, you agree that such credit is not mandatory and your permission to use your image is not dependent on such recognition being granted.
You waive any right to inspect and/or approve the finished work in which the image will be used, as well as its advertising reproduction and the uses that may be made of said material. Furthermore, you waive any claim for royalties in connection with your image or our finished work.

Finally, you agree that if any point, or any portion of any point set forth herein is determined to be invalid under any statute or rule of law, then it shall be deemed omitted only to that extent and the remainder of this Image Rights Request Agreement shall remain in full force and effect. This Image Rights Request Agreement shall be governed by the laws of Spain.

If you do not agree to these terms, we fully understand, and no further action is required. We are delighted to see Intereses Comunes, S.L. as part of your account and look forward to seeing the new photos you post.
If you have any questions, you can contact us at clientes@latidostore.com.