TERMS AND CONDITIONS
OBJECT AND GENERALITIES
The domain i-mas-i.com and the website accessible at www.i-mas-i.com are owned by the company ARTMODBUS SL with NIF B72596497, with registered office at Passeig Picasso 38 bis, local 4, 08003 in Barcelona, registered in the Mercantile Registry of Barcelona, Volume 48508, Folio 92, Sheet B-586391 on October 19, 2022. Contact: isabel.sal.ber@gmail.com / +34 699 441 266
These General Terms and Conditions of Contract, Terms of Sale and Privacy Policy (hereinafter 'General Terms') regulate the use of the website i-mas-i.com (hereinafter 'the Website') owned by ARTMODBUS SL.
PRIVACY POLICY
ImasI provides information about its products and services and offers the possibility of purchasing them through its website. Those wishing to purchase our products must complete the purchase form and accept these General Terms and Conditions in the version displayed on the website at the time of purchase.
Users who access the Website without making any purchase agree to be bound by these General Conditions, to the extent that they may be applicable.
The website is intended solely for users over the age of 18.
PRODUCT INFORMATION
The product descriptions on this website are as accurate as possible. However, this information, along with any photographs or videos, are for illustrative purposes only. Product prices may not include shipping costs or other services, which will be itemized before checkout.
Please note that, as most of our products are made to order, garments take slightly longer than usual for ready-to-wear fashion. You'll find an approximate delivery time on the product page. In any case, once we receive your order, we'll confirm the exact delivery time in the order confirmation. Delivery times are expressed in business days.
Once the order has been shipped, the customer will receive a shipping confirmation with the tracking number.
In exceptional cases, we are not legally responsible for unavailable material, and we will notify you of the situation to refund any payments made without delay.
TAXES
Purchases made and delivered within the territory of European Union member states will be subject to VAT. Purchases and deliveries to territories of non-EU member states, the Canary Islands, Ceuta, or Melilla will be exempt from VAT, without prejudice to the application of the corresponding indirect taxes and/or duties in each of these territories.
AVAILABILITY
In the event that, due to unforeseen circumstances, a product is unavailable after an order has been placed, the customer will be notified by email of the total or partial cancellation of the order. Partial cancellation of an order due to lack of availability does not entitle the customer to cancel the entire order. If, as a result of this cancellation, the customer wishes to return the delivered product, they must follow the procedure outlined in the 'SHIPPING AND RETURNS' section.
PAY
Purchases made on the website require payment at the time of order placement via Shop Pay, PayPal, and Google Pay. The customer is responsible for all costs associated with these transactions.
The initial price shown on the website for each product does not include applicable shipping costs. All of these details will be provided before the purchase is finalized and must be expressly accepted by the customer.
ImasI will send a purchase receipt for each order to the email address provided on the order form. A legal invoice will only be sent upon express request.
PAYMENT SYSTEM SECURITY
Payments made through this website are processed via the Shopify platform, which uses secure payment systems. ImasI / ARTMODBUS does not receive or store card details or credentials used under any circumstances, as the payment process is handled directly by these providers.
ORDER FORMALIZATION
Once the General Conditions have been accepted by the customer and the order has been formalized, the purchase is confirmed by sending an email to the customer with the details of the purchase.
Once an order has been shipped, cancellations will not be accepted. In these cases, only returns will be processed according to the procedure in the 'SHIPPING AND RETURNS' section.
PRODUCT DELIVERY
ImasI is obligated to deliver the product in perfect condition to the address indicated on the order form; ImasI is not responsible for... Delivery errors caused by omission or error on the part of the customer when providing delivery details on the order form.
DELIVERY TIME
The delivery times indicated in the order confirmation are estimates. Depending on the destination country, the maximum delivery time may vary from 2 to 4 days for domestic orders and 5 to 10 days for international orders.
Deliveries are considered complete when they are made available to the customer by the transport company through its tracking system. If an order is returned to ImasI due to the customer's absence, the customer will be responsible for the costs of reshipping, which will be billed separately.
In cases of delivery delays attributable to ImasI, the customer has the option to cancel their order.
In case of loss of the order, the carrier will open an investigation, the resolution of which may vary between 4 and 7 days.
DILIGENCE IN DELIVERY
With each delivery, the customer must check the condition of the order in the presence of the carrier, noting any defects on the delivery note. If any defects, breakage, damage, etc., are subsequently observed, the customer must notify ImasI by emailing info@i-mas-i.com within 7 business days of receiving the order.
RETURN PROCEDURE
Without prejudice to your legal rights, we offer you the possibility of returning the merchandise as set out in the 'SHIPPING AND RETURNS' section.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All content on the website www.i-mas-i.com, including source code, names, trademarks, and databases accessible on the website, and, by way of example but not limitation, photographs, images, texts, logos, designs, trademarks, trade names, and data included on the website, belong to ImasI/ARTMODBUS (hereinafter, the owner) and are protected by national and international intellectual and industrial property rights belonging to the owner or third-party owners. Notwithstanding the foregoing, the website content is also considered a computer program and is therefore subject to current Spanish and European Union regulations on this matter.
Under no circumstances does any access to the website www.i-mas-i.com imply any type of waiver, transfer or assignment, in whole or in part, of the aforementioned rights, nor does it confer any right to use, alter, exploit, reproduce, distribute or publicly communicate the content or intellectual and industrial property rights, which are prohibited without the prior and express written authorization granted for this purpose by the owner or third-party rights holders, except for the rights of access, viewing and making copies for the personal and exclusive use of the User, which must always be exercised under the principle of good faith and with respect for applicable legislation.
Nothing in these terms and conditions grants the customer or user any rights whatsoever over the Website, or over the images, logos, or, in general, any intellectual or industrial property rights of www.i-mas-i.com
Customers and users grant ImasI, free of charge, worldwide and to the maximum extent permitted by law, any rights they may have regarding comments and ratings made on www.i-mas-i.com or regarding images they may upload to the website.
WEB ACCESS AND CONTENT
Browsing, accessing and using the information, services and data in general of the ImasI website confers the status of user, by which the contractual conditions established herein that are applicable are accepted, without prejudice to the application of the mandatory regulations in each case.
Customers and users are fully responsible for their conduct when accessing information on the Web and while browsing it.
As a consequence of the above, clients and users are solely responsible to ImasI and third parties for the consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content on the website, whether or not created by ImasI and whether or not officially published under its name; as well as for the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that may in any way damage, disable or impair the website or its services or prevent normal enjoyment by other users.
ImasI reserves the right to update the content when it deems appropriate, as well as to remove, limit or prevent access to it, temporarily or permanently, and to deny access to the website to clients and users who misuse the content and/or fail to comply with any of the conditions set out in this document.
ImasI informs that it does not guarantee that access to the Website and/or linked websites will be uninterrupted or error-free; that the content or software accessed by clients and users through the Website or linked websites will not contain any errors, computer viruses, or other elements in the content that may cause alterations to their system or to the electronic documents and files stored on their computer system or cause other types of damage; the use that clients and users may make of the information or content of the Website or linked websites for their personal purposes.
The information contained on this website should be considered by clients or users as informative and indicative, both in relation to its purpose and its effects, which is why ImasI does not guarantee the accuracy of the information contained on this website and consequently assumes no responsibility for any possible damages or inconveniences for users that may arise from any inaccuracy present on the website.
RESPONSIBILITY
Unless otherwise stated in these terms and conditions, ImasI 's liability for products is limited to the purchase price of those products.
ImasI assumes no liability whatsoever arising from, including but not limited to:
- Regarding the use that clients or users may make of the materials on this website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the website's content or of third parties.
- From any damages and losses to clients and users caused by normal or abnormal functioning of the search tools, the organization or location of the content and/or access to the Web and, in general, from errors or problems that arise in the development or implementation of the technical elements that the Web or a program provides to the user.
- Regarding the content of those pages that customers or users can access through links included on the website, whether authorized or not.
- Regarding access by minors to the content included on the Website, it is the responsibility of their parents or guardians to exercise adequate control over the activity of their children or minors in their care, or to install one of the Internet use control tools in order to prevent access to materials or content unsuitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians.
- The company will not be responsible for communications or dialogues during debates, forums, chats and virtual communities organized through or around the Web and/or linked websites, and therefore will not be liable for any damages suffered by individual and/or collective clients or users as a result of said communications and/or dialogues.
- The owner of the website www.i-mas-i.com is not responsible for the content of the links located on this page, as established by article 17 of the LSSICE.
Furthermore, ImasI is not responsible for, but not limited to, the following:
- Errors or delays in accessing the website by the customer when entering their data in the order form, the slowness or impossibility of receiving the order confirmation by the recipients or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of ImasI .
- Failures or incidents that may occur in communications, deletion or incomplete transmissions, so it is not guaranteed that the Web services will be constantly operational.
- From errors or damages caused to the Website by inefficient and bad faith use of the service by the client or user.
- Due to the non-operation or problems with the email address provided by the customer for sending the order confirmation.
- In any case, ImasI is committed to resolving any problems that may arise and offering all the necessary support to the customer to reach a quick and satisfactory solution to the issue.
- ImasI also has the right to conduct promotional campaigns at defined intervals to encourage new customers to register for the service. ImasI reserves the right to modify the terms and conditions of these promotions, extend them with due notice, or exclude any participant from the promotion if any anomaly, abuse, or unethical behavior is detected in their participation.
- We are not responsible for the consequences of the advice provided by our agents through customer service. This advice is always provided for guidance purposes only.
The client or user, in turn, will be responsible, without limitation, for:
- The veracity and legality of the information provided by the client or user in the forms on the ImasI website for access to certain content or services offered by the website.
- The use of information, services and data offered by ImasI contrary to the provisions of these conditions, the Law, morality, good customs or public order, or that in any other way may imply injury to the rights of third parties or the very functioning of the Website.
COOKIES
This website uses cookies necessary for its proper functioning and, with your consent, additional cookies for analytics or marketing purposes. By continuing to browse, you agree to the use of these cookies. You can manage your cookie settings at any time.
PRIVACY POLICY
In compliance with the provisions of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce and Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27 (“General Data Protection Regulation” or “GDPR”), this Privacy Policy applies to the processing of personal data carried out by ImasI as the Controller and/or Processor of said processing, in relation to the data that users and/or clients (natural persons) provide through the contact forms.
The personal data received will be included in an automated personal data file, duly registered with the General Data Protection Register (RGPD), under the authority of the Spanish Data Protection Agency, for whose processing the legally established security measures have been adopted. This personal data will not be transferred to third parties unrelated to the data controller without the prior express consent of the data subject.
The personal data obtained will be processed in accordance with legally established security standards, with access only to authorized personnel, and for the exclusive purposes of managing the requested service and/or providing information about the activities and services of www.i-mas-i.com and, if requested, for sending newsletters, compiling statistics and improving our services.
ImasI will only disclose your data when required to do so by applicable regulations, and always with a court or administrative order. Outside of these cases, your data will not be transferred without your express written consent, in accordance with current legislation on the protection of personal data.
To exercise your rights of access, rectification, objection to processing, restriction of processing, and, where applicable, data portability or erasure, please send an email to Isabel.sal.ber@gmail.com . In these communications, you must identify yourself by name, surname, tax identification number (NIF/CIF), and postal or email address. You may exercise these rights at any time, as well as withdraw your consent to the processing of your personal data.
Personal data will be kept as long as there is a mutual interest in doing so and as long as you do not exercise any of the above rights.
Furthermore, in accordance with the provisions of Article 21 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, if you have given us your express consent in the registration form of www.i-ma-i.com, we may send you information about our products or promotions that we believe may be of interest to you, by email or by any other equivalent electronic means of communication.
We inform you that you may revoke at any time the consent given to receive commercial communications by sending an email to the email address: info@i-mas-i.com.
NULLITY
If any provision of these General Terms and Conditions or the application of any provision is deemed or declared illegal, invalid or unenforceable, in whole or in part, under any law or regulation, such provision or part thereof shall be deemed not to exist, but the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected and shall be interpreted taking into account the intent of the parties and the purpose of these Terms and Conditions.
The failure of ImasI to exercise any of the rights and powers conferred in these Terms and Conditions shall not in any case imply a waiver of such rights and powers, unless expressly acknowledged by ImasI or the specific action has prescribed.
MODIFICATION OF CONTRACTUAL CONDITIONS
ImasI reserves the right to unilaterally modify, at any time and when there are reasons that justify such modification, the presentation and configuration of the Website, as well as these Terms and Conditions of Contract; such modifications will come into effect 24 hours after they appear published on the Website.
Customers are advised to read these Terms and Conditions carefully each time they access the website. These Terms and Conditions will always be available to customers and users in a prominent location on the website, accessible without restriction for any inquiries they may wish to make. Prior acceptance of these Terms and Conditions is a necessary prerequisite for purchasing any product available through the website.
FORCE MAJEURE
Failure by either party to perform its obligations due to force majeure shall not give rise to any liability for either party. In such cases, performance of the obligation shall be suspended until the force majeure event ceases. Should the force majeure event persist, either party may request termination of the contract without entitling it to any compensation.
APPLICABLE LAW AND COMPETENT JURISDICTION.
These General Terms and Conditions shall be governed by and construed in accordance with Spanish law. Any dispute arising between the client or user and www.i-mas-i.com concerning the interpretation or application of these Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of the city of Barcelona, Spain, expressly waiving any other jurisdiction that may apply.