GENERAL TERMS AND CONDITIONS OF USE
 
 
1. IDENTITY OF THE PARTIES
These General Terms and Conditions of Use for the services offered at URL www.uncaimanazul.com (hereinafter the PORTAL) are subscribed by the domain owner JOSE MARÍA DIEGUEZ RAMÍREZ, whose contact email is: cuentame@uncaimanazul.com.
USERS are considered as individuals with the capacity validly to enter a contract in accordance with the applicable legislation.
You may not use the website or accept the Terms and Conditions if:
  • You are not of age and may not enter a binding contract in accordance with law, or
  • You do not fulfil the condition of USER as described.
2. EXECUTION OF THE CONTRACT
To use the PORTAL, you must accept these general terms and conditions (hereinafter the Terms and Conditions) and also the particular stipulations regarding use and/or contracting of specific services. If you do not, you must leave the PORTAL.
You may accept the Terms and Conditions:
  • By clicking on the acceptance of Terms and Conditions button when presented with this option in the user interface, or
  • By effectively using the website. You acknowledge and accept that using the PORTAL shall be considered as accepting the Terms and Conditions.
The USER is advised to read these terms and conditions carefully. You may save them or print them off if you so wish.
3. FIELD OF APPLICATION
These terms and conditions shall apply to all the goods/services contained in the website www.uncaimanazul.com.
The documents listed below are understood as included in these Terms and Conditions as referred to:
 
  • Legal Notice
  • Privacy Policy
4. USERS AND SERVICES OFFERED
The PORTAL offers services available to all visitors to it, and restricted services solely accessible to current or future Registered USERS.
Use of the services offered by the website is subject to prior acceptance and fulfilment of the Terms and Conditions by the USER.
Where applicable, the condition of Registered USER is acquired by filling in the Registration form on the website. The data therein submitted shall be held in the COMPANY database and shall be used as described in the Privacy Policy.
The use of the services offered on the website is free of charge, except where otherwise specified for services whose cost is stated in the "Specific Conditions of Contracting".
5. PRIVACY POLICY
Personal data submitted via the PORTAL shall be included in manual and/or computerised files, for which the COMPANY is responsible, for the purposes described in the terms and conditions stated in the Privacy Policy, included in these Terms and Conditions of Use as referred to in this section.
6. PRICE OF GOODS OFFERED AND TAXES
Where applicable for the prices shown, the "Specific Conditions of Contracting" state whether they are inclusive or exclusive of VAT, the complete purchasing and payment process and the full conditions of contracting goods or services.
7. TERMINATION OF SERVICES
The services offered by the PORTAL for most users are free and merely for information purposes, therefore no action is required to terminate them, the user merely stops visiting the PORTAL.
As regards restricted access services where these exist, the user shall exercise the right to have their personal data held in COMPANY files removed. The procedure for doing so is described in the Privacy Policy.
8. LIABILITIES
8.1. The PORTAL:
Shall not be liable, directly or subsidiarily, for:
  • Quality of service, since it is offered "as is" and the COMPANY does not offer any warranties regarding same.
  • Any damage caused to USERS' equipment by use of the PORTAL.
  • Flaws and defects of any type in the content transmitted, broadcast, stored or made available.
The COMPANY is responsible for changes to prices of goods/services offered and for notifying users/customers within the shortest time possible via personal communication or by updating the contents of the PORTAL.
8.2. The USER:
 
The user/customer shall be liable for:
  • The data and information submitted and sent to the COMPANY via the forms available.
  • Any type of illicit acts that are damaging to rights, harmful and/or detrimental.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY
This website in its entirety: text, images, brands, graphics, logotypes, buttons, software files, combinations of colours, structure, selection, ordering and presentation of content, source and object codes; are the property of the COMPANY or of third parties and their reproduction, distribution, public communication and transformation are prohibited unless for personal and private use, the USER being bound to respect the stipulations of the Legal Notice contained in the PORTAL included in these Terms and Conditions as referred to in this section.
10. MINORS
Minors shall request and obtain permission from their parents, guardian or legal representative before accessing the content hosted in the PORTAL. Unauthorised minors are prohibited from accessing and using the portal.
The COMPANY reminds users of age who have minors in their charge that they are solely responsible for determining which services and/or content are appropriate for said minors; and informs them that there are software applications for restricting browsing by means of filtering or blocking specific content.
11. JURISDICTION
These Terms and Conditions are written in Spanish and are subject to prevailing Spanish law. In the event of any type of dispute arising from use of the services offered or the content of the portal, the parties, accepting these Terms and Conditions, shall have recourse to the Courts of Law in the locality where JOSE MARÍA DIEGUEZ RAMÍREZ has his registered offices.
12. ADDITIONAL TERMS AND CONDITIONS
If any provision of these Terms and Conditions is considered invalid or non-executable, said provision shall be removed and the remaining clauses shall remain in force. Section titles are solely intended for reference purposes and shall in no way be understood to define, limit, interpret or describe the field or scope of the section concerned.

 

 

 
SPECIFIC CONDITIONS OF CONTRACTING
 
1. SUBJECT MATTER OF THE CONTRACT
By using the online shop at www.uncaimanazul.com, USERS who so wish may purchase any of the goods offered by JOSÉ MARÍA DIEGUEZ (hereinafter Un Caimán Azul). Goods are made solely and exclusively to order, and for this to take place the USER must read and accept the legal terms and conditions shown on the web page. Un Caimán Azul undertakes to make and provide its goods as described in the Terms and Conditions of Use.
2. ACCEPTANCE OF SPECIFIC CONDITIONS
As in the previous section on General Terms and Conditions, you may accept the Specific Conditions:
  • By clicking on the acceptance button when presented with this option in the user interface, or
  • By effectively using the website. You acknowledge and accept that using the PORTAL shall be considered as accepting the Conditions.
 
The USER is again advised to read these Conditions carefully. You may save them or print them off if you so wish.
3. DESCRIPTION OF GOODS
Un Caimán Azul offers two types of goods: personalised illustrated tales and personalised illustrations. The features of each of these goods are described below:
PERSONALISED ILLUSTRATED TALES: these are original tales registered in the Community of Madrid Intellectual Property Register. These tales are personalised by including a drawing of the child for whom the order is made on all facing pages and front cover, and by using their name in the text of the tale and in its title. These drawings are neither caricatures nor figurative portraits of the children, but rather interpretations of their distinctive features created based on the photograph provided and adapted to the graphic style of each tale.
PERSONALISED ILLUSTRATIONS: These are original illustrations personalised by including a drawing of the child for whom the order is made and by including their name in the sentence shown on the illustration. These drawings are neither caricatures nor figurative portraits of the children, but rather interpretations of their distinctive features created based on the photograph provided and adapted to the graphic style of each illustration.
4. SERVICE STOPPAGE
The PORTAL shall notify the user of any stoppage of service attributable to it or to third parties involved in production and postage services. Only where the timescales described in Section 5 of these Conditions cannot be met will the USER be entitled to cancel the order and be refunded their money.
The purchasing process operates in such a way that once the USER has placed their order, having first read and accepted the applicable legal conditions, the order is considered definite and cannot be cancelled by the USER.
5. DELIVERY TIMESCALES
The estimated delivery timescale for each product is that specified in each of the "Postage" sections in the PORTAL. The estimated delivery timescales are in working days and for mainland Spain and the Balearic Islands. These timescales are increased by 10-15 additional working days for the rest of Europe and the rest of the world.
Delivery is via the Spanish State Postal Service (Sociedad Estatal de Correos y Telégrafos S.A.). Un Caimán Azul accepts no liability for any damage which may occur between the time that the goods are handed over to the Postal Service and their delivery to the USER'S address.
6. PRICES
The prices published on the PORTAL include both VAT and postage in mainland Spain and the Balearic Islands. Increases to prices for postage to other destinations may be calculated by the USER during the purchasing process.
7. PAYMENT METHODS
The PORTAL places at the disposal of the USER as accepted payment method the Banco de Sabadell Atlántico secure payment gateway. Un Caimán Azul shall consider an order formally placed when the aforementioned bank confirms that payment has been correctly made. The PORTAL accepts no liability for any problem or incident that the USER may experience with the banking entity.
8. TERMINATION OF CONTRACT
Once the USER has received the goods ordered at the address given, and the conditions described above have been fulfilled, the business transaction shall be considered completed.
9. SETTLEMENT OF DISPUTES
The provisions in this document shall be governed by the Spanish legal system. For the settlement of any disputes which may arise from the use of the web page, the parties shall have recourse to the Courts of Law of Madrid and expressly waive recourse to any other jurisdiction.