Legal Notice

Publicado: 11 abril 2019 / Modificado:

LEGAL NOTICE


1. Details of website owner

DISSENART, S.L. (“A Tres Puntos”), owner of the A Tres Puntos web page (the “Website”), is a company legally registered under Spanish law, with registered office at Avda. Blasco Ibañez 66 bis, Valencia 46021, with tax ID B96747530, registered in the Valencia Commercial Registry volume 6105, page 176, section 8, sheet V-60912,  1st inscription.

2. El Website

Any person who enters the website willingly will be considered a User in this Legal Notice.

2.1 Objectives and intended users

The Website provides Users with information on A Tres Puntos and its operations, and allows them to purchase products offered by A Tres Puntos according to the terms and conditions that can be found (here).  This website is professional, and is not intended for use by persons under 18 years of age.

2.2 Applicable legislation

This legal notice, which includes the rules of use of the Website, is subject to interpretation according to Spanish law.  Due to the international reach of electronic communications, Users that enter the Website from outside Spain must adhere to laws in their respective countries insofar as they are themselves obligatory.

3. Rules of use


3.1 Offer and Acceptance

The principal objective of these regulations is to regulate access to the Website.  All Users are obliged to comply with the regulations. Access and subsequent browsing within the Website implies acceptance of all the terms and conditions contained in this legal notice.  Therefore if the User does not agree with any one of these conditions, they should not enter the Website.

3.2 Unauthorised conduct

Users who enter the website must comply strictly with applicable legislation, code of ethics and rules of use of this Website.  Consequently, the following acts are not permitted:

1. Denigration of A Tres Puntos services.
2. Spreading of electronic viruses aimed at harming computer programs, hardware or systems.
3. Deletion of techinical protection for programs.
4. Posting or insertion of any type of content. 
5. Posting of any xenophobic or pornographic content.
6. Using Website content for commercial purposes when not fully authorized.
7. Association of Website content with pornographic, racist or xenophobic information, or with terrorism or arms dealing.
8. Conversion, public communication, distribution, loan, reproduction or modification of Website content, other than exceptions stated in Law or if explicitly authorized by A Tres Puntos.
9. Failure to comply with technical requirements or specifications established for entry to the Website.
10. Posting slanderous comments or remarks which may affect fundamental rights of third parties.

3.3 Suspension of the Website

The Website is supported by service providers via public and private communications infrastructure. Website access may be suspended for technical reasons or force majeure such as:

  • Interruptions in the electricity supply or telephone infrastructure.
  • Website User error.
  • Fires, flooding, earthquakes or other natural disasters.
  • Strikes or wage conflict.
  • Military conflict or other situations of force majeure.

Causes of suspension are not limited to those above, which are for explanatory purposes and are unpredictable and/or unavoidable.

A Tres Puntos cannot be held responsible for any events such as those detailed above.

3.4 Anonymous Website browsing and cookie policy

A Tres Puntos may passively obtain and store certain information from Users which browse on the Website, and such information can never be associated with a specific or identified user.  This data will not be considered personal. The user should be aware that A Tres Puntos may use “cookies” to improve access to the Website and its operation.  This is only done when necessary to assist User access to the product they expressly request. The User may configure their browser for onscreen warning of the presence of cookies and may block the installation of cookies on their hard drive.  For more relevant information the User may consult the help menu in their browser.  If the User decides not to allow cookies from the Website on their computer, they may not receive full access to Website content.

3.5 Legal responsibility

Failure to comply with these rules or the laws that govern them may lead to illicit acts, offences and then to administrative penalties which give A Tres Puntos the right to pursue any available legal, civil, or administrative resources required.  Persons who make illicit opinions, comments or posts are liable for their actions.

4. Website content

4.1 Types of content

All content included on the Website including, but not limited to, text, graphics, images, design and all intellectual property rights for such content, are the property of A Tres Puntos or its legal owners, all rights reserved.

Access to the Website or browsing therein will not under any circumstances imply rejection, transmission, license or assignment, total or partial, of said rights on the part of A Tres Puntos. The following are not allowed: modification, reutilization, exploitation, reproduction, public communication, making second or subsequent publications, loading of files, sending by post, transmission, dealing with or distribution of part of or all of the content included in this Website, except when previously authorized in writing by A Tres Puntos.

4.2 Brands and associated logos

The brands, logos and/or distinguishing marks included in the Website are the sole property of A Tres Puntos and their legal owners.  A Tres Puntos is authorized to use these brands, logos and distinguishing marks.

Users that browse on the Website cannot use, copy, reproduce, communicate publicly, modify or exploit said brands in any other way without authorization or a relevant licence for their use.

4.3 Links to external websites

Any mention of external websites on this Website is for information purposes only.  A Tres Puntos does not develop or manage such external websites, neither is A Tres Puntos the owner of any internet addresses mentioned, unless specifically stated.  Therefore A Tres Puntos is not liable for contents these external website addresses contain, or for damages caused by such access, or for damages caused by services contained therein.

A Tres Puntos authorizes the establishment of links or hyperlinks from external websites to this Website. Nevertheless, in these cases the following conditions must be met:

  • The website which establishes the link cannot contain content that is illicit, immoral or contrary to good ethics, public order or third party rights.
  • It will never be stated or understood that A Tres Puntos has explicitly authorized the link, or that A Tres Puntos has previously supervised, agreed on or recommended the services provided on the external site which has established the link.  Therefore Users browsing on the Website must take due care when using or evaluating the information, content and services of linked websites.
  • The creation of the link does not under any circumstances imply any relationship between A Tres Puntos and the owner of the website where the link is established; neither does it imply the acceptance or validation of such content or services on the part of A Tres Puntos.
  • External links to the Website may only be created for access to publicly accessible sections, hence links with “My Account” section of the Website are not permitted.
  • Website publication and rules of use
  • This legal notice, together with the rules of use of the Website are available to anyone who wishes to enter the Website. Those users who view them are free to consult and/or print them.  The content of the legal notice will be modified according to changes in legislation, structure of the organization, services, design and technical specifications of the Website, in addition to technological infrastructure.  Therefore it may be amended with no prior warning.

Therefore we suggest that the User consults the Legal Notice on this Website regularly to verify any changes that may have been made over time.

PRIVACY POLICY

DISSENART, S.L. (“A Tres Puntos”) guarantees the protection of all personal information that may be provided via www.atrespuntos.com (the “Website”) according to the provisions of Personal Data Protection Law 15/1999, 13 December and royal decree 1270/2007, 21 December, and all other relevant regulations.

A) Those persons who provide personal information via the user registration process on the Website should be aware of the following:

1. All personal information provided to A Tres Puntos via the user registration process on the Website will be processed in a legal manner and will be added to an automated data file which is created and maintained under the responsibility of A Tres Puntos.  A Tres Puntos is legally registered in the Spanish Data Protection Agency. All the basic identification details of A Tres Puntos can be seen in the LEGAL INFORMATION section.

Please be aware that Users who access certain services specific to this Website, especially those related to the newsletter and confirmation of purchases, will be asked to give consent for their personal data to be added to data files other than that described above, providing different information to that required during the registration process.

  • Information required during the registration process is collected for the following purposes: (i) to identify the User correctly, (ii) to allow access to restricted areas of the Website and access to the services offered (notwithstanding the provisions of the previous section), (iii) to carry out statistical calculations and historical comparisons and (iv) to allow the User to contact A Tres Puntos (including for customer service issues).
  • Moreover, if the User gives explicit consent, the information will also be used to carry out advertising campaigns or promotions involving products and services of A Tres Puntos or other Website partners, in any format, especially email (such messages will be labelled “Publicity” or “Advertisment” and will always give the User the option of requesting not to receive any further messages). Promotional activities and advertising may contain information relating to products or services of other companies belonging to the decoration, clothing, textile, fashion, fashion accessory, home, cosmetics, jewellry or leatherware sectors, and may also contain information on competitions, draws and promotions for these products and services.
  • Regarding the collection and treatment of personal information, A Tres Puntos complies with the necessary standards of security for the data that the User provides.  To this end, A Tres Puntos has taken all measures possible and installed all the necessary tools to avoid the loss of, unauthorized access to and manipulation of this information – thereby complying with the personal data file Security Measures Regulation in Royal Decree 1720/2007 (21 December).  Nevertheless, the User should be aware that Internet security measures are not completely impregnable.
  • The user may at any time exercise their right to access, rectify, cancel or oppose their personal data, and may also revoke their consent for any of these purposes, by sending an email to info@atrespuntos.com clearly stating their contact details and action required, together with a photocopy of their ID card or other proof of identification.
  • When the User clicks “Send” on the personal information form, they are authorizing the automated use of the personal details they have entered under the stipulated regulations.  On this form, obligatory fields will be marked with an asterisk.
  • Those registered Users who provide personal information to complete a purchase on the A Tres Puntos Website must be aware of the following:

B) Their details will be added to an automated data file owned by DISSENART, S.L. for the purposes of (i) managing the processing of the requested purchase, (ii) delivering the requested products, (iii) issuing an invoice and sending it to them, (iv) processing their payment for the completed purchase, (v) managing returns and exchanges of returned products if necessary and (vi) carrying out statistical studies relating to the preferences of A Tres Puntos Users.

The User may exercise their rights to access, rectify, cancel or oppose their personal data and to revoke consent for any of the aforementioned uses of the data, by sending an email to info@atrespuntos.com indicating the action required and attaching a copy of their ID card or other proof of identification.

Notwithstanding the above, the Privacy Policy terms stipulated in part A) above also apply to registered Users.

C) Those Users who provide personal data in order to receive the A Tres Puntos newsletter which can be requested via the Website must be aware of the following:

Entering an email address is consent for receiving a newsletter on a regular basis, as well as bulletins and news alerts with advertisments and information about new A Tres Puntos Website content, products, offers, competitions, draws and promotions.

At the same time, the User gives their consent for their email address to be added to a data file owned by DISSENART, S.L. and used for the sole purpose of sending this information.

The user may exercise their rights of access, rectification, cancellation or opposition at any time by sending an email to info@atrespuntos.com indicating the action required and attaching a copy of their ID card or other proof of identification.


TERMS AND CONDITIONS OF PURCHASE


1. GENERAL

These terms and conditions of purchase (“Terms and Conditions”) are aimed at regulating the purchase of products via the www.atrespuntos.com website (the “Website”) by users which register in the “My Account” section in the Website (“Registered Users”).

These Terms and Conditions shall apply notwithstanding the rules of use of the Website contained in the Legal Notice, which apply to all website visitors on entering the Website and which can be consulted in the LEGAL INFORMATION section.

The Website is owned by DISSENART, S.L. (“A Tres Puntos”), whose basic details can be consulted here in the LEGAL INFORMATION SECTION.

2. GEOGRAPHICAL BOUNDARIES

Sales of A Tres Puntos via the Website are restricted to Andorra, Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom and Vatican City (together called the “Territory”), and it will also be possible to send products outside the Territory, such as North America, Central America, and South America.

This implies that the Terms and Conditions only apply to orders involving delivery addresses within the Territory.  Registered Users who do not have a valid delivery address either inside or outside the Territory will be excluded from the Website sales service and excluded from these Terms and Conditions.

The User, on entering the Website, must indicate the territory where they are based (the options are: Spain, United Kingdom, rest of Europe or rest of the World), and depending on the territory selected may or may not find available the functionality for User registration or online purchase.  If the User is located in a country outside the Territory, they should select the delivery destination (which must be from a country included in the Territory) from the options available in order to gain access to the online purchasing service.

All Users that enter the website may register for the newsletter, whatever their location.

3. REGISTRATION PROCESS

In order to buy products offered by A Tres Puntos via the Website, the User must register in the “My Account” section, which means they must fill in all the fields marked with an asterisk. If a User initiates the purchase on the Website without having registered, they can do so via the form which can be consulted in the LEGAL INFORMATION section.

Please bear in mind that the registration system uses the email address that the user enters as a unique identifier, hence they can have as many accounts as they have different email addresses.  Nevertheless, we suggest that the User creates just one account, given that payment details (bank accounts or credit/debit cards) cannot be duplicated due to anti-fraud legislation.

Registration as a Registered User on the Website involves giving certain personal details (first name, surname, email address – which will be used as the username - and a password), and accepting the Website privacy policy, whose terms and conditions can be found in the LEGAL INFORMATION section.

Once the registration process is complete, the customer may make purchases on the A Tres Puntos Website.

Please be aware that the email address provided by the User, together with the chosen password, allows access to restricted areas of the Website in order to facilitate the selection and purchase of A Tres Puntos products.  Access is aimed at personal use only, and is for the purpose of guaranteeing customer identification on each visit.  Therefore we recommend keeping the password secret to avoid third parties gaining access. 

If for any reason the User does not consider their password to be sufficiently secure for their access to the Website as a Registered User, they can change it at any time when entering the order process on the Website.

In the event of losing or forgetting the password, the user can recover access to their account with the “Forgotten password” option which immediately sends the password to the email address given during registration.

4. PRODUCTS
A Tres Puntos comercializa a través del Website únicamente productos propios y fabricados bajo los más estrictos estándares 

A Tres Puntos only promotes and sells its own products, manufactured to the strictest quality standards.

A Tres Puntos has made every possible effort to ensure that the colours of the products shown on the website are as close to reality as possible. Nevertheless, due to quality of monitor and/or computer or other factors, the colours that appear onscreen may differ slightly.  Therefore A Tres Puntos cannot guarantee that the colours of the products are identical to those that appear onscreen on whichever device the customer uses.

Please bear in mind that the sizes shown are Continental Europe sizes, although tables of sizes can be reached from the page of any product on the Website.

5. PURCHASING PROCESS

To process and order, the Registered User must select items in the desired colour and size (where possible) and add them to the “Cart”.

The “Cart” tab gives the User the total amount of the order in Euros, with tax details and shipping costs where applicable.  Shipping costs and postage charges vary according to delivery destination.

Standard delivery times in Spain (mainland) range from 24 to 48 hours on working days.  A Tres Puntos will always try to minimize these times, although sometimes outside metropolitan areas delivery may take slightly longer.  In the rest of the world, delivery takes up to 7 or 8 working days.  These are estimates, and depend on the destination. Orders leave the store from Monday to Friday (except public holidays).

If urgent delivery is required, please contact info@atrespuntos.com for information.

Once the Registered User has selected the items they wish to buy, the Website will ask them for additional personal details (payment and delivery details) which are obligatory for being able to pay for the order and to receive the product.  Details on the payment process can be found in the Conditions of Purchase section.

In the event of the Registered User making an order on the Website for the first time, they must enter a delivery address.  The address must be filled in correctly, as A Tres Puntos will not be held responsible for incorrect delivery.  The delivery address can be modified when another order is entered, or by sending an email to  info@atrespuntos.com 

with all the user details, new address and proof of identification.

If the Registered User enters an order for the second time, the system will automatically recover the delivery details of their previous order, although the User can modify these details if necessary.

When the purchase is complete, the User becomes a customer of A Tres Puntos (the “Customer”).  A Tres Puntos will send a confirmation email for the purchase to the email address the User provided during registration.  This email will contain a description of the items purchased the total price and the shipping costs.  In the event of any issue, please contact A Tres Puntos by email at info@atrespuntos.com.

6. METHOD OF PAYMENT

All orders can be paid via PayPal.

A Tres Puntos does not store electronic payment system details (credit card, debit card or PayPal).  When the User enters these details, they do so via an SSL (Secure Socket Layer) encryption system and a secure connection between the Website and the electronic payment service provider.

In its collaboration with anti-fraud prevention on the Internet, A Tres Puntos reserves the right to verify personal details provided by the Customer and to adopt measures it deems necessary if there is any evidence or suspicion of the existence of fraudulent orders or orders under false names or stolen identities (including, but not limited to freezing or cancelling an order, and notifying the relevant authorities, amongst others).

All purchases from the Website result in an email containing the invoice being sent to the email address provided during the registration process.  If an invoice with company details is required, it can be requested by sending an email to info@atrespuntos.com, indicating all the necessary tax details.  A Tres Puntos will respond as quickly as possible and will send the invoice by email to the address entered during registration or the address explicitly stated by the Customer in such email requests.

7. DELIVERY OF ORDERS

A Tres Puntos delivers products acquired by the Customer on the Website to the address supplied by the Customer during the purchase process.

It is essential for the User to give a full delivery address when entering an order.  It is obligatory to provide a contact telephone number when asked on the Website in order to guarantee correct delivery.  Delivery to Post-Office boxes is not possible.

Delivery is carried out under agreements made between A Tres Puntos and leading transport companies, and is done to the highest quality standards.

The delivery times indicated below are merely a guide. A Tres Puntos will not accept responsibility for delivery times which exceed initial estimations, but will make every possible effort to adhere to them.

For orders within Spain, the approximate delivery time is twenty-four to forty-eight (24-48) hours taken from 14:00 on the day of the order if processed before that time (on a working day), or 14:00 on the following working day for orders processed after that time or on weekends/public holidays.

For deliveries to the rest of the Territory, the approximate delivery time is from 2 to 5 days taken from 14:00 (Madrid time) on the day of the order if processed before that time (on a working day), or 14:00 (Madrid time) on the following working day for orders processed after that time or on weekends/public holidays.

The public holidays above refer to the city of Valencia, Spain.  Regarding delivery, the User must take into account that deliveries will not be received on public holidays in destination areas or countries.

A Tres Puntos will make tools available to track orders, from the order confirmation through to delivery, either via the “My Account” section of the Website or via a link to the web page of the relevant transport company, depending on the characteristics of each delivery.

In the event of any issues during transport, the relevant company will take the necessary steps to successfully complete delivery, which may involve email or telephone contact with the Customer to verify the destination address or contact name, to agree conditions and to solve any other problems.

8. RETURNS POLICY

The principal objective of A Tres Puntos is to satisfy its Customers.  Therefore all A Tres Puntos products are made to the highest quality standards and are fully checked before dispatch.

Nevertheless, if on receiving the product, the Customer notices an error in size or colour, or that any item is not suitable, or the Customer simply wishes to exercise their right of withdrawal by returning the product, they should send an email to  info@atrespuntos.com within a period of seven (7) working days after delivery of the aforementioned product, indicating the reason (error in delivery, change of size, right to withdrawal).

Customers are reminded that according current legislation, the exercising of right to withdrawal does not apply to underwear, swimwear, cosmetics and products naturally deteriorate or that cannot be returned.  A Tres Puntos will reply as soon as possible to the email detailing the procedure in these circumstances.

In order to be able to return or exchange an order, the Customer must ensure the products to be returned meet the following criteria:

The product must be unused and unaltered.

The product must be returned in its original packaging and in the same condition as when it was dispatched.

The product must be returned to the following address no more than 7 working days after the A Tres Puntos email accepting the request:

DISSENART S.L.
AVDA BLASCO IBAÑEZ 66 BIS.
46021 VALENCIA

Once A Tres Puntos has received the product and checked its condition, if the above criteria are met, the procedure will be as follows:

-When changes in product characteristics (colour or size) are required: A Tres Puntos will send the product in the correct colour and size to the Customer without shipping costs or postage charges.  Nevertheless, A Tres Puntos will not compensate the shipping costs initially incurred by the Customer on returning the product.  Neither will the transport costs of the initial purchase be returned.

-When products have been sent to the Customer incorrectly (different colour, size or product to that ordered by the Customer): A Tres Puntos will send the product in the correct colour and size without charging the Customer transport costs for this second shipment, and will also return transport costs incurred by the Customer on returning the product to A Tres Puntos, provided that proof of payment of such charges is given by the Customer.

-When the Customer has exercised the right to withdrawal (change of opinion on the purchase, provided it is acceptable): A Tres Puntos will return the amount paid for the products returned via the same payment method as the purchase by the Customer no later than 30 days after the latter exercised the right to withdrawal (notification email sent by the Customer to A Tres Puntos expressing this desire), without the initial amount paid for transport costs, and without returning the transport costs incurred by the Customer on returning the products to A Tres Puntos.

A Tres Puntos cannot accept changes or returns with unpaid postage.

If returned products (from right to withdrawal) do not meet the criteria or conditions stated previously for other returns, A Tres Puntos will inform the Customer, indicating the alternatives available in each case (for example, but not limited to returning the products with postage paid, replacement of the products with additional charges, reparation of the products charged to the Customer, among others).

9. GUARANTEE FOR PURCHASED PRODUCTS

According to relevant regulations, A Tres Puntos will be held accountable for manufacturing defects up to 2 years following delivery of the product in question, provided that the Customer informs A Tres Puntos within 2 months of becoming aware of the fault.

The Customer must send an email to info@atrespuntos.com informing A Tres Puntos of the issue regarding the manufacturing defect in question.  A Tres Puntos will reply to this email as quickly as possible giving details on how to proceed in such circumstances.

The Customer must give evidence of the defect and send the faulty product with postage paid and in its original packaging if possible.  The product must be returned to the following address within seven (7) days of the A Tres Puntos email reply to the Customer’s request:

DISSENART S.L.
AVDA BLASCO IBAÑEZ 66 BIS.
46021 VALENCIA

Once A Tres Puntos has received and checked the product, and if the product is indeed defective, A Tres Puntos will replace the defective product with one in perfect condition, or repair the faulty product where appropriate.  In the event of the product being unrepairable and replacement being impossible due to the product being out of stock or not on sale, A Tres Puntos will offer the Customer similar products which may be suitable as a replacement.  At the same time A Tres Puntos will compensate the Customer for any transport costs incurred when returning the defective product.

When the products returned due to manufacturing faults as described above have already exceeded the guarantee or such faults are not covered by the guarantee, A Tres Puntos will inform the Customer, giving details on how to proceed in each case (for example, but not limited to: returning the products in their current state with postage paid, replacement at additional cost to the Customer or repair with additional cost for the Customer, amongst others).

10. CUSTOMER SERVICE

For any queries or suggestions please contact info@atrespuntos.com or

DISSENART S.L.
AVDA BLASCO IBAÑEZ 66 BIS.
46021 VALENCIA

11. APLICABLE LEGISLATION

These Terms and Conditions are governed by Spanish Law, notwithstanding rules of Law which may be applicable in each Country in the Territory. In the event of any unresolved conflict between A Tres Puntos and a Customer, the relevant legal authorities will be those of the City of Madrid unless otherwise stated by governing Law.