general contracting terms
1. The parties and acceptance of the general contract terms: (hereinafter also the General Terms and Conditions or GTC)
The party of the first part, the supplier of the products, Casa de Recreo Granadina S.L., whose trade name is Bendito Mockup (hereinafter also the provider), with registered office at Calle San Jerónimo 17, 18001 in Granada, tax identification number (NIF) ESB72906381, customer service telephone number 675676484, and email [email protected], as owner of the website www.benditomockup.com, presents the contractual document that will govern the contracting of our mockup through the aforementioned website.
The party of the second part, the User–Customer (hereinafter the user), registered on the website by means of a username and password, for which they hold the full responsibility for use and custody, being responsible for the veracity of the personal data given to the provider.
BOTH PARTIES ACCEPT this document, which entails the user:
Has read and understood the provisions set out herein.
Is of legal age and has sufficient capacity to enter into contracts.
Assumes all of the obligations set forth herein.
Has read and accepts these general terms and conditions of purchase from the moment they purchase any mockup offered.
This document may be printed out and kept by users.
The provider makes the following email address, [email protected], available to users for any questions that may arise about these conditions.
These conditions will be valid for an indefinite period and will be applicable to all contracts executed through the provider’s website, www.benditomockup.com.
The provider reserves the right to unilaterally modify these General Terms and Conditions, without affecting the goods or promotions acquired prior to the modifications, in order to improve the products offered. In any case, these General Terms and Conditions must be consulted before purchasing any mockup.
We recommend keeping a copy of the data contained in the products purchased. Bendito Mockup is not liable for any loss of data or files, or for any damage resulting from the user’s failure to back up the data contained in the purchased products, such as memory cards.
Bendito Mockup is not liable for any consequences that could result from improper use of the mockup sold on the website.
The civil liability of Bendito Mockup for the mockup supplied is limited to the value of the same. The user waives the right to hold Bendito Mockup liable for any item in the event of dissatisfaction with the products purchased on the website www.benditomockup.com, as well as possible malfunctions, slowness of access, or errors in accessing the website, including loss of data or any other type of information that could exist on the computer or network of the user accessing the website www.benditomockup.com.
Bendito Mockup are creatives that wants to facilities the work to other creatives. We are specialized in the generation of mockup (editable pictures where a creative can integrate his design) with hight definition and real-life scenes. This material helps to improve the design of packaging, books, posters and more. Bendito Mockup distance sells its products on the internet via its website.
2. Purpose of the contract
2.1 Scope of application:
The purpose of this contract is to regulate the contractual relationship of purchase and sale between the provider and the user at the moment in which the latter accepts these purchase conditions during the online contracting process by ticking the corresponding box. These GTC will apply from the day that the order is placed.
The contractual relationship imply the access by the download of a mockup, in exchange for a determined price that has been publicly displayed on the website, of a specific model.
2.2 Territory of application:
The www.benditomockup.com online store is available throughout the world.
2.3 Capacity to contract:
In order to place an order, you must be of legal age and have the capacity to enter into contracts.
2.4 Customer acceptance:
The validation of an order through the website www.benditomockup.com is carried out by email and implies the automatic acceptance of the GTC. These conditions are available on the website www.benditomockup.com or, if desired, we can make them available to you by email.
2.5. Modification of the General Terms and Conditions:
Bendito Mockup reserves the right to make changes and/or modifications to these GTC. We advise our customers to review them regularly. If these changes or modifications are made after an order has been placed, the conditions in force on the date in which the order was placed will apply.
3. Information provided on the website www.benditocmockup.com
3.1 Publication of prices:
The prices of the mockups are those shown for each product on our website, www.benditomockup.com.
3.2 Mockups information:
The information that appears in our advertising, brochures, in other written material, on our website, or provided to you constitutes an invitation to make a purchase. The contents of www.benditomockup.com are constantly being renewed and updated to offer our customers the most comprehensive and detailed information possible. All the contractual information on www.benditomockup.com is shown in English and communication with customers and users, as well as contract formalisation, will be in this language.
3.3 Answer period in the purchase of a mockup:
The client will receive a confirmation email of the purchase and the download mockup and a password of access to his registry in our web to have a history of the purchase mockups. That’s a legal prove binding the order when it’s combined with the original invoice. That invoice will be sent automatically.
3.4 Process of orders and validation:
The purchase of a mockup using this website is an act of irrevocable acceptation of this general contract terms, and it only can be impugned in a limited cases that appear in this general contract terms. In consequence, Bendito Mockup in any case can’t be considered responsible of the non-execution or bad execution because of the user entrance of data for the material purchase. The automatically confirmation answer is the confirmation of payment.
In the case of controversies relating to the nature of Bendito Mockup services or the Client/Student use of the website, the information saved of the payment with credit or debit card or paypal, can be used like an evidence between both parts.
If Bendito Mockup suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.
4. Purchasing procedure
In order to access the mockup offered by the provider, is necessary the registered on the website. To do this, the user must freely and voluntarily provide the personal data requested.
When the user has selected the mockup, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will proceed using the following steps:
Choose the mockup by clicking on it. It will be automatically added to the “shopping cart”.
If you wish to add more, you must select the option, “Continue Shopping”. If you have mistakenly added something you do not want, you must click on the option to remove it from the shopping cart.
Once you have chosen the product(s), you must click on the finalise tab to place your order. By clicking this option, the purchase confirmation will appear (summary of the order placed, your details, and the chosen payment method).
The user’s credentials will be requested to realise the order and the posterior delivery, and then it requests the consent of the user to save the data. If the user gives the consent, the data will be saved and will be send information of the products if he accepts, if he doesn’t accept the data will be only save for future purchase.
You should review the spam and junk mail controls in your email inbox and always verify that the contact information you have provided is correct.
To finish the process, you must click on the finalise button.
Finalised the purchase, the user will receive an email with the confirmation of payment and the password to join and have access to the user account, the user must change the password. Then he can access to the purchased mockup. The user commit himself to make a diligence use of the password, and don’t put to thirds access, also communicate the provider the loss or theft or the possible access of third not authorized, to proceed to the immediate block.
If there is any type of error in the address given or in any other aspect of the order, you must notify us of this immediately using the email address that will appear on the website in order to rectify the error.
If you have any questions, you may contact our customer service department using any of the methods provided on the website, www.benditomockup.com.
Bendito Mockup will provide customer service for FREE through our contact email, [email protected] If you choose an alternative means of communication, you will be responsible for its cost.
Bendito Mockup provides telephone numbers in Spain subject to the cost charged by your telephone operator.
Bendito Mockup won’t send any order proof, until the verification of the payment.
The purchase doesn’t mean any physical delivery of any products, the delivery is the download of the mockup of the website if the user has an user account. Bendito Mockup will inform previously the Client/User respect the procedure to do the download.
6. Prices & offer validity periods
All prices displayed in the store www.benditomockup.com include the VAT in force at the time of purchase. All prices shown on the website are valid and will be expressed in the dolar currency ($).
If the Client is intra-community, will apply the VAT of his country.
The invoice will be sent automatically once the purchased is realized.
The prices applicable to each product will be those published on the website and applied automatically in the last phase of the purchasing procedure.
In cases of promotions with a limited duration, the promotion discount will be applied as long as the order has been registered during the promotional period.
The data recorded by the different payment methods constitutes proof of the date on which the financial transactions were made and will be used to determine whether or not said order is subject to promotion or not.
For any information about their order, the user may contact the provider’s customer service department through the phone number or email address provided.
7. Payment methods
7.1 Payment by credit or debit card:
The user must have a valid credit or debit card and must specify all the digits of the card number on the corresponding form. The transaction is formalised at the time of placing the order. Only payments with secure cards are accepted where your identity as the cardholder is authenticated according to the method established by your bank, through secure e-commerce (“Verified by Visa” and “Mastercard SecureCode”). The order cannot be accounted for and will not be processed until the payment has been authorised by your bank or financial institution.
The system known as SSL (Secure Sockets Layer) is used, which is a payment system in a secure environment, because it allows encryption of the information transmitted during the transaction, ensuring its confidentiality.
If this payment method is chosen, once the purchase is finalised, you will be redirected to the official PayPal website where you can make the payment. Once payment has been made correctly, your order will be finalised and an email will be sent with the summary of your purchase. By pressing the “Back to the website” button, you will return to our website to view your order and be able to print it out.
PayPal automatically encrypts sensitive data using the most advanced technology available. PayPal has its own privacy policies and Bendito Mockup has no liability for these.
8. Right of withdrawal
At the present contract doesn’t apply the right of withdrawal because is a supply of digital content, regulated at the article 103) m) of the law 3/2014, 27 of march, “por la que se modifica el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios.”
9. Force majeure
The provider is not responsible for any default, because of a unexpected circumstances or for circumstances out of the control of Bendito Mockup, included, but not restricting the force majeure cases, disturbance, foreclosure, fires, accidents or shortage of material or energy.
In case of delay, Bendito Mockup can be excused of the performance, if the delay is because this causes, and for all the time in question.
10. Nullity and ineffectiveness of the clauses
The use can’t give up, transfer, or transmit the rights, responsibilities and obligations contracted in the purchase.
If any stipulation in this general contract terms is considered invalid or impossible to do, the validity, legality, and compliance of the rest, will not be affected in any way, nor will be modified.
11. Nullity and ineffectiveness of the clauses
Should any clause of these General Terms and Conditions be declared fully or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof to the extent that it is null or ineffective. The General Terms and Conditions will remain in force in all other respects and the aforementioned provision or the affected part thereof will be considered to have been omitted.
12. Online dispute resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the user and the provider, without the need to resort to the courts of law, through the intervention of a third party, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement and may eventually suggest and/or impose a solution for the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.
13. Applicable law & jurisdiction
These conditions will be governed by or interpreted in accordance with Spanish law unless expressly established otherwise. The provider and the user agree to submit any dispute that may arise from the provision of the products or services subject to these General Terms and Conditions to the courts and tribunals of the provider’s registered office (if not considered a consumer for the purposes of the Consolidated Text of the General Law on the Defence of Consumers & Users (TRLGDCU)) or of the user (if considered a consumer for the purposes of the TRLGDCU).
14. Applicable legistlation
These General Terms and Conditions are subject to the provisions of:
European regulations governing e-commerce:
Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive); and
Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
Law 3/2014 of 27 March, amending the consolidated text of the General Law for the Defence of Consumers and Users;
Law 7/1998 of 13 April, on General Terms and Conditions of Business and subsequent amendments;
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, and repealing Directive 95/46/EC (General Data Protection Regulation);
Organic Law 3/2018 of 5 December on Data Protection and the Guarantee of Digital Rights;
Law 7/1996 of 15 January on the Regulation of Retail Trade; and
Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce and subsequent amendments.
15. Comments & suggestions
Your comments and suggestions are welcome. Please send us any comments and suggestions through [email protected]
In addition, we have official claim sheets available to consumers and users. You can request them by calling our customer service department at 675676484 or through our support email.