Terms and Conditions
Below is the contractual document that will govern the hiring of products and services through the website mktgifts.com, owned by IMAGE BURGOS S.L. (hereinafter, THE PROVIDER). Acceptance of this document implies that the BUYER:
- Has read, understands, and agrees to the terms set forth herein.
- Is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the website mktgifts.com of THE PROVIDER.
THE PROVIDER reserves the right to unilaterally modify these Conditions, without affecting goods or promotions that were acquired prior to the modification.
IDENTITY OF THE PARTIES
On the one hand, THE PROVIDER or supplier of goods or services is IMAGE BURGOS S.L., with registered office at Avda/ Castilla y Leon 60 bajo 09006 Burgos, with VAT number B09317272., and on the other hand,
The BUYER, registered on the website mktgifts.com through an account creation form on mktgifts.com, for which they are fully responsible for use and custody, and are responsible for the accuracy of the personal data provided to the provider.
OBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship of sale arising between THE PROVIDER and the BUYER at the moment the latter accepts the corresponding checkbox during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a specified price publicly displayed on the website, of specific products.
CONTRACTING PROCEDURE
The contracting procedure can only be conducted in the Spanish language. If it could be conducted in another language, it will be indicated before starting the contracting procedure.
Once the products have been selected with the required data in the shopping cart and the account creation form has been completed, it is informed (in accordance with the requirements of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce) that the contracting procedure is carried out by clicking the "confirm order" button in the payment phase of the order, following these steps:
- Add the selected product or products to the shopping cart, full packs, all single articles will be considered samples
- Once "finish purchase" has been pressed in the shopping cart you should access as a guest or create an account on mktgifts.com where you will be asked for identification and contact details, as well as delivery address.
- Once the account has been created, the method of shipping the products will be chosen.
- Once the shipping method has been chosen, the payment method must be established.
- Once the payment method has been selected, a window will appear with the buyer's order summary, payment method, and amount. At this step, you must definitively confirm the order by clicking the "confirm my order" button.
- Once the order has been confirmed, a new window will appear with the purchase details, payment methods, and order number (ID). Also, an email message with this information will be sent to the buyer's email address.
THE PROVIDER will archive the order in its information systems so that the BUYER can review their order and download the invoice from the "Order History" section of their customer account on mktgifts.com.
If the BUYER has a guest account, they can track their order from the "Guest Tracking" section on mktgifts.com
SHIPPING COSTS AND ORDER DELIVERY
Orders will be delivered to the delivery address freely designated by the BUYER. Therefore, THE PROVIDER assumes no responsibility when the delivery of the product or service does not occur as a result of the data provided by the BUYER being false, inaccurate, or incomplete (the forms do not contain technical means to identify and correct errors in data entry) or when delivery cannot be made due to reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient.
The "Shipping and Returns" section details everything regarding the shipping and return system of the products.
PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product do not include Value Added Tax (VAT) and in any case will be expressed in Euro (€).
Unless expressly stated otherwise, they do not include shipping costs, handling, packaging, shipping insurance, or any other additional services related to the purchased product or service. All these amounts applicable to the product price will be visible in the purchasing process.
The prices applicable to each product will be those published on the website and applied automatically by the contracting process in its final phase.
THE PROVIDER reserves the right to modify the commercial offer of the website (modifications to products, prices, promotions, and other commercial and service conditions) at any time, although such modifications will not apply to contracts already concluded.
The contents of the website may, on occasion, provide provisional information on the nature of some products. If the provided information does not correspond to the characteristics of the product, the customer will have the right to cancel their purchase at no cost.
Any payment made to THE PROVIDER will result in the issuance of an invoice in the name of the registered BUYER. This invoice will be included with the shipment of the purchased product to the buyer.
For any information regarding the order, the BUYER may contact via email at the email address info@mktgifts.com. In any case, the order number assigned and indicated in the purchase confirmation email must be included in the subject of the message or in the customer service center.
Information about payment methods can be found in the "Payment Methods" section.
RIGHT OF WITHDRAWAL AND RETURNS
The "Shipping and Returns" section details the conditions for exercising this right.
PROCEDURE TO TERMINATE THE CONTRACT
The BUYER reserves the right to cancel any confirmed order that contains material errors related to the order, price, or any condition published on the website www.mktgifts.com. In case of payments by credit card, if the order has already been charged and subsequently canceled, THE PROVIDER will proceed to make an immediate refund to the account of the card used (if the order has not yet changed status).
The BUYER may cancel or modify an order as long as it has not been viewed or is in preparation.
There may be circumstances that prevent THE PROVIDER from meeting the expected delivery deadline. Therefore, all dates communicated by THE PROVIDER for delivery and product supply are approximate. THE PROVIDER cannot guarantee that delivery will actually take place at the previously agreed time, except in cases where THE PROVIDER has explicitly confirmed such delivery dates as binding.
APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description.
COMPLAINTS AND CLAIMS
For any information regarding the order, complaints, and claims, the BUYER may contact via email at the email address info@mktgifts.com. In any case, the order number assigned or the purchase confirmation email must be included in the subject of the message or in the email.
PRIVACY POLICY
In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, your personal data will be processed in a personal data file for the purpose of managing your order.
You may exercise your rights of access, rectification, cancellation, and/or opposition by contacting the file manager: IMAGE BURGOS S.L. (Ref. Data Protection), Avda/ Castilla y Leon 60, 09006 Burgos.
APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in those aspects not expressly established. THE PROVIDER and the BUYER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the Courts and Tribunals of the domicile of the Provider. In case the buyer is a company or professional, the contract will be presumed to be executed at the domicile of the PROVIDER.
In the event that the BUYER has their domicile outside Spain, THE PROVIDER and the BUYER expressly waive any other forum, submitting to the Courts and Tribunals of the city of Burgos (Spain).