On this page you will find all the legal conditions that may interest you. Some highlights:
- We only use your personal data to provide you with our services and to send you our communications. We will never transfer them to third parties.
- We have a zero spam policy. We will only send you communications related to the status of your order unless you have also agreed to receive marketing communications through our newsletter of offers and news.
- We never store or have access to your credit card data. The process is done encrypted and in accordance with the highest security standards, with the financial entity in charge of processing at the time of payment.
- Custom products cannot be canceled or returned once we have started working on your order.
Detailed information on the above points is made available below.
These are the Terms and Conditions that regulate the access, navigation, use of the site and acquisition of products that KUSTOMIKA offers on kustomika.com (hereinafter KUSTOMIKA or the Website).
INFORMATION RIGHT
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we inform you that the website kustomika.com is owned by Genoveva Moreno (KUSTOMIKA), NIF 52684150M, C/ Marie Curie 7, Edificio Beta, Planta 7, Ático 4, 28521 Rivas-Vaciamadrid, Madrid (España).
If you want to get in touch with us, you can use our contact form or send us an email to info[at]kustomika.com
ACCEPTANCE OF THE GENERAL CONDITIONS
Access to this website or its use in any way attributes the condition of User and implies acceptance of these general conditions and those that, at any time, may establish KUSTOMIKA. Consequently, it will be the user’s responsibility to read the general conditions of use in force at any time.
The use of certain services will also imply the acceptance, without any reservation, of the particular norms or instructions that KUSTOMIKA could establish with a specific, substitute or complementary nature to those of these general conditions.
If the User is a minor, he must obtain the consent of the parents, guardians or legal representatives, ultimately responsible for all the acts performed by the minors in his charge.
The conditions of use of this website are indefinite. KUSTOMIKA reserves in any case the unilateral right to modify its content.
GENERAL CONDITIONS OF USE
The purpose of this kustomika.com website is the online sale of stationery, stationery and other accessories. Agendas, notebooks, diaries, bullet journals, etc. with option of personalization service of the same.
The information contained in kustomika.com, including that relating to certain products and services, is intended for the use, mainly, of persons residing in Spain or accessing from Spain, so KUSTOMIKA, declines all responsibility for the access of natural or legal persons in jurisdictions where such distribution or use could be contrary to the regulations or regulations. Certain products and services may not be available or authorized in all jurisdictions or for all persons.
Use of this website, its contents and services
The user agrees to use this website and its services and contents correctly and lawfully, in accordance with current legislation, good faith and generally accepted uses.
The user will not perform actions that may cause damage to the web pages of this site or that may render it unusable, overloading or damaging it in any way. Nor will it carry out any activity that may prevent other users from using or enjoying the website.
The following acts are prohibited in relation to the contents of this website:
- Its reproduction, distribution or modification, unless it has the authorization of its legitimate owners or is legally permitted.
- The violation of the rights of KUSTOMIKA or their legitimate owners on said contents
- Its use for all types of commercial or advertising purposes, unless you have the written authorization of KUSTOMIKA.
Intellectual and industrial property rights
KUSTOMIKA is the owner of the rights of exploitation of intellectual and industrial property of this website. KUSTOMIKA also owns the intellectual, industrial and image property rights over the contents available on this website, or has the necessary authorization for its use. The access, navigation and use of this website by the user does not imply in any case waiver, transmission, license or total or partial assignment by KUSTOMIKA of the aforementioned rights.
Consequently, it is not allowed to suppress, circumvent or manipulate the copyright notice and any other data identifying the rights of KUSTOMIKA or their owners incorporated into the contents, as well as technical protection devices. , fingerprints or any information or identification mechanisms that could be part of the contents.
Likewise, it is prohibited to reproduce, modify, reuse, exploit, publicly communicate, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents included in the website for advertising or commercial purposes, if there is no express and written authorization of KUSTOMIKA or, where appropriate, the right holder.
The name of Kustomika.com and its corresponding logos are registered trademarks and their reproduction or use is prohibited without the authorization of the owner.
The legitimacy of the intellectual or industrial property rights corresponding to the content provided by third parties is your sole responsibility.
Liability of KUSTOMIKA
KUSTOMIKA is not legally responsible in any case for damages of any kind that could be caused by:
- the unavailability, maintenance and operation of the website, its services or contents;
- the lack of utility, adequacy or validity of the website or its services or content to meet specific needs, activities or results or expectations of users;
- the existence of viruses in the contents or other elements that may alter or damage the computer systems and / or user data;
- any use of the contents by users, and especially illegal, negligent, fraudulent or contrary to these general conditions, good faith, generally accepted uses and public order;
- the illegality, lack of quality, reliability, usefulness and availability of the services provided by third parties and made available to the user or advertised on the website;
- the breach by third parties of their obligations or commitments in relation to the services provided to users through the website.
- Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it.
KUSTOMIKA and their suppliers as third parties do not assume any responsibility in relation to the information, content of all kinds, products and services offered or provided through the Kustomika.com website by third parties or entities and, especially, by the damages of any kind that, linked to the above, may be caused by:
- absence or deficiencies in the information provided to users or in their veracity, accuracy and sufficiency.
- breach or defective or punctual fulfillment of contracts or pre-contractual relationships.
- breach of the obligations of the service providers of the information society.
- violation of the rights of consumers and users.
- infringement of intellectual and industrial property rights; carrying out acts of unfair competition or illegal advertising.
- violation of the right to data protection; of professional secrecy and rights to honor, personal and family privacy and the image of people.
- in general, the breach of any laws, customs or codes of conduct that are applicable.
- Any decision taken in consideration of the information provided through the website kustomika.com.
User Responsibility
The user undertakes not to use the website or the information offered therein to carry out activities contrary to the Law, morality or public order and, in general, to make use in accordance with the conditions established by KUSTOMIKA .
The opinions, contents and, in general, all the activities carried out by the user, are his exclusive responsibility, without being able to be responsible to KUSTOMIKA of the damages or damages that could be derived from said activities outside his will and without this An effective knowledge of them.
Links
In this website the user can find various links that will lead to independent web pages or that are not owned by KUSTOMIKA. Its sole purpose is to facilitate and encourage access to other services or sources of information on the Internet.
KUSTOMIKA is not responsible for the contents that are accessed by virtue of the aforementioned links, nor for the modifications made in them, nor for the use made of them, nor for their technical availability.
The establishment of any link from a third-party website, to any of the websites will be subject to the following conditions:
- The total or partial reproduction of any of the services or contents that are part of the Websites is not allowed.
- No false, inaccurate or incorrect statements about the Webs or their services will be included.
- The use of “deep linking” techniques that generate confusion in the user, such as “framing”, and / or imply improper or illegal use of the website’s reputation, distinctive signs, brands, social denominations, is prohibited. or commercial, or its contents and services.
Spam
The use of the website for sending advertising or commercial communications, for the issuance of messages for advertising purposes or for the collection of data for the same purpose is absolutely prohibited. Both the sending of spam and any fraud or abuse are activities punishable by law and KUSTOMIKA will be sent to the corresponding authorities.
Modification and termination of services
KUSTOMIKA reserves the right to modify, suspend or terminate the provision of the services or contents of the Websites, in whole or in part, at any time, and without prior notice to the users of the website.
Terms of sale
These Conditions are important both for you and for KUSTOMIKA since they have been designed to create a legally binding agreement between us, protecting your rights as a customer and ours as a company.
Please read these Conditions and our Privacy Policy carefully before confirming your payment to place the order.
KUSTOMIKA will not keep a copy of these conditions linked to each purchase, so we recommend that you keep a copy of them in each purchase.
Products
kustomika.com tries to capture, as accurately as possible, the technical and aesthetic characteristics of the products.
The User must take into account that there may be slight differences between the appreciation of the online product and reality; colours may appear different from the screen once printed due to monitor and printer settings (printables).
As they are handmade products, there may be small imperfections that at no time imply an impediment to their use or a correct use of them, nor are they sufficiently notable errors so that the product is not appreciable as such.
Order
The fact of placing an order on kustomika.com is equivalent to the full and complete acceptance of the prices, the description of the products for sale and the general conditions of sale, which will be the only ones applicable to the contract thus concluded.
You agree to make use of the website to make legally valid inquiries or orders. You also agree to provide us in a certain and correct way your email address, postal address and / or other contact information, declaring to know that we can make use of this information to contact you if necessary in accordance with our Policy Privacy . If you do not provide us with all the information we need, we will not be able to place your order correctly. You can identify errors in the data provided in the confirmation emails that we send you and, if necessary, correct them through our contact form.
When placing an order on kustomika.com, you agree to purchase the selected product, to pay for it as well as shipping costs. You guarantee that you are fully authorized to use the corresponding credit or debit card, if you choose this payment method. Only people with the legal capacity necessary to sign contracts related to the kind of goods and services proposed can place orders on the website.
To place an order, you must follow the online purchase process until payment. Once the previous process is completed, you will receive an email acknowledging receipt of your order (the “Order Confirmation”).
Availability and Stock
The physical articles offered through this website are available only in mainland Spain. Digital Downloads are available worldwide.
At the moment we do not ship to the Balearic Islands, the Canary Islands, Ceuta, Melilla, or international shipments, although we are working on it to solve it.
KUSTOMIKA will do everything possible to please all its customers, but all orders are subject to the availability of materials and stock. Unless prior notice, the products advertised on the web are available for purchase, although they do not have to be available for immediate shipment. Custom products are made to order, so it can take 5-7 days to be ready for shipment.
In the event that there is any break in stock or punctual unavailability of an item, the owner of the website will contact you to notify you and give you a new delivery time or, if it is not possible to serve that product, proceed to its cancellation. or, it will be offered, without implying an increase in price, a product of similar characteristics that has the same or even superior quality.
If you do not wish to order those substitute products, we will refund any amount you may have paid.
Product Withdrawal:
We reserve the right to remove any product from our website at any time and / or to remove or modify any material or content from it.
We will not be liable to you or to any third party for removing any product from our website.
Prices
The prices of the products will be those published on the web at all times. These prices include the VAT in force. The price must be paid in full when making the purchase.
KUSTOMIKA reserves the right to modify at any time the sales prices listed on the website, but the items will be billed based on the rates in force at the time the order is registered subject to availability reservation on that date.
Orders that must be delivered in the Canary Islands are subject to: (i) a different indirect tax (IGIC), (ii) customs procedure and (iii) higher transport costs. Therefore, the final price of the products may vary compared to those published on the Webs (valid for the rest of the national territory). For orders that must be delivered in the Canary Islands, the website incorporates a service that will modify the final price of the product according to the above criteria (i) to (iii), allowing the consumer to know the final price of the purchase before making the order.
Payment
Payment for orders may be made using the following modalities:
- Visa or MasterCard through Stripe
- Paypal
KUSTOMIKA reserves the right to change the payment methods, being able to create new or eliminate any of the existing ones, without the user / client of the website being able to make claims for this reason. However, if the change in the payment method affects an order already made, we would contact the customer to inform them of said change, offering the option to cancel the order if it considers it convenient.
The charge on your card is made in real time through the payment gateway of the corresponding financial institution and once it has been verified that the data provided is correct.
In order to give maximum security to the payment process, kustomika.com uses secure payment systems from first-rate financial institutions. You can find additional information about the security of your data in the Privacy policy section .
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.
KUSTOMIKA reserves the right to verify the personal data provided by the client and take the measures it deems appropriate (including cancellation of the order) to ensure compliance with these conditions.
At this time we only accept payment with national cards, so it would not be possible to place the order using a foreign card.
Product warranty
If you hire as a consumer and user, we offer the manufacturer’s warranty on the products that we sell through this website, in the legally established terms for each type of product, the manufacturer 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.
It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) are suitable for the uses to which the products are ordinarily destined of the same type and (iii) present the usual quality and performance of a product of the same type that is fundamentally expected.
Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after delivery of the product, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the product. lack of conformity
In this sense, if any of the products were not in accordance with the contract as a wrong, defective or in poor condition, you must put it to our knowledge through our contact form and we will assist you as soon as possible to offer you a solution.
Responsibility and disclaimer.
Unless expressly provided otherwise in these Conditions, our responsibility in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
- loss of income or sales:
- loss of business;
- loss of earnings or loss of contracts;
- loss of anticipated savings;
- data loss; Y
- loss of management time or office hours
KUSTOMIKA may not be held liable by a client or a third party for indirect damages, operating losses or loss of profit that occurred by any means even if said damage, loss or damage had been foreseeable by KUSTOMIKA or if its eventuality had been placed in your knowledge.
Due to the open nature of this web page 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 web page unless it is established expressly the opposite in it.
KUSTOMIKA may not be held liable for breach of the contract signed in cases of force majeure, interruption of the activity or total or partial strike – especially, of postal services and means of transport or communications -, floods or fire.
Written communications and notifications
The applicable regulations require that part of the information or communications we send to you be in writing. By using kustomika.com, you agree that most communications with us are done electronically.
For contractual purposes, you agree to use email as a means of communication and acknowledge that any contract, notification, information and other communications we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions above and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you at the time of placing an order.
It will be understood that the notifications have been received and have been correctly made at the same time they are published on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, it was correctly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email , which was sent to the email address specified by the recipient.
Comments and suggestions
We will be happy to receive your comments and suggestions and to this effect we invite you to use our contact form .
Terms of shipping and returns
Shipping and Receiving
When placing an order, you agree to provide true and truthful information, both about the payment method and the shipping address.
In case any of the two data is uncertain or insufficient, we are not responsible for the package not arriving at its destination. Try to use a commonly used email address in case kustomika.com staff has to contact you to confirm any delivery information.
Pay attention when entering the delivery data (full name and exact address). If due to an error on the part of the client in the indication of the shipping data, the order does not arrive at its destination, kustomika.com will not take part in the resolution of the case, and it is the client who is responsible for said error.
If you just placed your order, but still haven’t received our “Order Complete / Shipped” email, please contact us and we’ll make the change.
Please keep in mind that even if your item has not been shipped, we may not be able to accommodate the change.
Once shipped, we will provide you with the tracking number so that you can check where your order is located.
In case of absence of the recipient at the time of delivery, the transport company will leave a notice indicating how to proceed to arrange a new delivery or where you can pick up your order.
KUSTOMIKA reserves the right to vary the type of shipment and the company for which it is made provided that such change does not involve manifest damage to the customer.
The freight derived from the shipments of the purchased items will be reflected at the final moment of the purchase and will depend on the destination and the weight of the products purchased. See the shipping and returns section for more information. These conditions may be modified.
For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the product (s) have been “delivered / s” at the time of signing the receipt thereof at the agreed delivery address.
Shipping Impossibility:
Although we will do our best to always process all orders, there may be exceptional circumstances that prevent us from processing any order after sending the Order Confirmation. In this case, we will proceed to the full refund of the amount paid by you.
Shipping Delays
Although most deliveries are made within the indicated period, occasionally, shipping delays may occur. If you have received a confirmation by email of your shipment and have not yet received it, it may be because the courier has not found your address, it has happened at a time when you were absent or suffered some type of incident. Contact us, or the transport companies that carry your order to resolve it as soon as possible.
Deadlines
The delivery time of each product may depend on multiple factors such as origin, available stocks, holiday calendar, etc.
Delivery times may be altered in cases of force majeure.
If for some reason we could not meet the estimated delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid.
See the shipping and returns section for more information.
Shipping costs
The shipping costs will be calculated during the purchase process and will appear at all times in the customer’s shopping cart, clearly differentiated from the price of the item / s included in it.
The customer will be informed of the final price of their purchase, including the transportation of the purchase, before validating the payment.
See the shipping and returns section for updated information on the shipping costs applicable at all times.
Order cancellation
If your order is still waiting to be processed, it can be canceled and the full amount of the purchase will be refunded unless there has been some extra expense for management or preparation reasons.
Returns / Right of Withdrawal
Items returned for a refund must be returned in new condition with original packaging and contents within 14 days of receipt from delivery.
All personalized orders are final and not eligible for a return or refund unless there is a valid quality control issue or printing error. Please contact us to remedy this.
Returns of defective products
Variations can occur during the printing process. These characteristics do not affect the usability of the product and are not considered damaged.
If your order is damaged from shipping or may have an error, please contact us within 14 days of delivery. In some cases we may ask you to send us a photo of the damage.
Once the product has been received and the existence of a factory defect or defect has been verified in any of the products of the order, KUSTOMIKA will proceed to process the shipment of another product of identical characteristics, also at no cost to the user. In the event that due to lack of stock, another product with the same characteristics could not be sent, the amounts paid for the purchase of the returned product will be returned as soon as possible and, in any case, within the next 30 days.
Refunds
Refunds are processed in the same form of payment originally used for purchase.
In order to receive a refund credited back to your bank account, your order must have been placed no more than 30 days from when you request a refund. For your security, the refund must be credited back to the card you used to purchase this order. In the event that your credit card has expired or has been cancelled, you will receive credit to shop at kustomika.com.
If you are requesting a refund and your order was placed more than 30 days ago, we are only able to provide you with credit to kustomika.com. Our system is designed to provide extreme security to our customers, and as a result, does not save any credit card information. After 30 days, we no longer have the ability to issue a refund to your order. Please note that all sales are final for customized items.
See the shipping and returns section for more information.
The right of withdrawal and return that the consumer has by law is not applicable in the case of products that have been customized. If you have purchased a good made according to your specifications, you have chosen it freely and it is a clearly personalized product, so it cannot be returned or canceled once the order has been processed.
Custom Products
Some items are customizable and adaptable to the client’s indications (hereinafter the “Personalized Products”), and may be manufactured with photographs or texts defined by said client (hereinafter, the “Content”). For these articles, the following additional and specific conditions will apply:
Intellectual or industrial property of the Content
The customer guarantees that the Content does not violate intellectual or industrial property rights of third parties, such as the personalization of a product with a logo or a trademark registered by a third party.
The client assigns to KUSTOMIKA the intellectual or industrial property rights strictly necessary for the personalization of the product according to its specifications.
Image rights and personal data protection
The customer guarantees that the Content does not violate human rights, image or protection of personal data of third parties, such as the personalization of a product with a photograph in which third parties appear who have not authorized the client to personalize the product .
The client gives the KUSTOMIKA the image rights necessary for the personalization of the product according to its specifications.
For its part, KUSTOMIKA guarantees:
- That we will only use the Content in accordance with the client’s instructions.
- That we will not use the Content for a purpose other than that indicated in this document.
- That we will not communicate or transfer the Content to third parties, except those intermediaries that are essential for the personalization and delivery of each type of product.
- That, during personalization, we will adopt the necessary technical and organizational measures that guarantee the security of personal data and prevent its alteration, loss, treatment or unauthorized access, taking into account the state of the technology, the nature of the stored data and the risks to which they are exposed, already come from human action or from the physical or natural environment.
- That, once the customization and delivery of the personalized product is finished, we will proceed to the deletion and destruction of the content.
Responsibility regarding Custom Products
KUSTOMIKA will not assume any type of responsibility for the breach of the guarantees assumed by the client through this section.
Any damage or loss suffered by KUSTOMIKA due to a breach of the guarantees contained in this section will be claimed from the Customer by KUSTOMIKA.
Non-applicability of the Right of Withdrawal
In accordance with the provisions of current regulations regarding consumers and users, the Right of Withdrawal will not be applicable with respect to “supply of goods made according to the specifications of the consumer and user or clearly personalized”. Therefore, the customer may not exercise the Right of Withdrawal with respect to Personalized Products.
Nullity and ineffectiveness of the clauses
If any clause included in these conditions is declared totally or partially null or ineffective, such nullity will affect only said provision or the part of it that is null or ineffective, the conditions remaining in everything else.
Applicable Legislation and Jurisdiction
The use of our website and contracts for the purchase of products through said website will be governed by Spanish law.
Any dispute that may arise from access, use of this portal or online purchase is subject to the exclusive jurisdiction of the courts of the domicile of the owner of the website.
Updated: 03/19/2019
