Lucina Estudio ~ Terms and Conditions

Terms and Conditions

Terms

These general terms and conditions of sale comprehensively regulate all transactions for the sale of products and services that may be offered, provided, or carried out from the website www.designlucina.com, of which Laura Pérez Navarro is the owner. These terms and conditions may be modified by Laura Pérez Navarro at any time, with users being informed of any new version containing substantial changes.

This document (as well as any other documents referenced herein) governs the terms under which the use of the website www.designlucina.com and the purchase or acquisition of services are regulated. In addition to reading these conditions, before accessing, browsing, and/or using this website, the user must have read the Legal Notice and General Terms of Use, including the cookie policy and privacy policy.

By using this website or by making and/or requesting the acquisition of a product and/or service through it, the user consents to be bound by these conditions and by everything previously mentioned. If the user does not agree with all of the above, they must not use this website. Furthermore, it is informed that these conditions may be modified. The user is responsible for consulting them each time they access, browse, and/or use the website, as those that are in effect at the time of the service request will apply.

For any questions the user may have regarding these conditions, they may contact the owner using the contact details provided on the website.

Sales Channels

Laura Pérez Navarro, under the brand Lucina, markets its products and services through the following sales channels: www.designlucina.com.

Orders

No valid order can be placed without explicitly accepting, through the designated checkboxes, the terms and conditions and the privacy policy. All orders will be considered purchase offers subject to these terms and conditions. Laura Pérez Navarro reserves the right to accept or reject orders if the requirements outlined are not met.

Orders can be placed 365 days a year, at any time, except during periods when the service is suspended for maintenance or due to other commercial and/or force majeure circumstances. Additionally, all orders are subject to product availability.

Payment

The payment for the order by the client will be made immediately or in installments, depending on the magnitude of the service, unless the parties have agreed otherwise or a different payment term is specified on the invoice.

Laura Pérez Navarro reserves the right to make delivery conditional upon immediate payment or to demand a guarantee for the total amount of services or products. Furthermore, delays in payment of more than one month or the temporary suspension of services on two occasions due to overdue payment will entitle Laura Pérez Navarro to permanently suspend services and the corresponding termination of the contract, after notifying the client with 15 days’ notice. In such cases, Laura Pérez Navarro may seek compensation for early cancellation of these General Terms and Conditions and reimbursement for any damages caused by non-compliance.

The accepted payment methods are:

Payment by credit or debit card. We reserve the right not to accept certain payments with specific credit cards.
Payment via PayPal.

Laura Pérez Navarro reserves the right to modify payment methods, including introducing new methods or removing existing ones, without the user/client being entitled to claim any compensation for this reason. However, if the change in payment methods affects an already placed order, Laura Pérez Navarro will notify the user/client of such change, offering the option to cancel the order if they deem it necessary.

Payment with credit/debit card: The charge is processed online, in real-time, via the payment gateway of the relevant financial institution, once it has been verified that the provided details are correct. To ensure maximum security for the payment system, Laura Pérez Navarro uses secure payment systems from top-tier financial institutions in e-commerce. In this regard, confidential data is transmitted directly and encrypted (SSL) to the relevant financial institution. The SSL encryption system ensures full security for data transmission over the network. The user’s/client’s credit card details are not stored in any database. They are only used in the virtual Point of Sale Terminal (TPV) of the financial institution, via their secure payment gateway. Credit cards are subject to verification and authorization by the issuing institution. However, if the issuing institution does not authorize the payment, Laura Pérez Navarro is not responsible for any delays or failure to deliver and cannot formalize any contract with the user/client. Laura Pérez Navarro reserves the right to verify the personal details provided by the user/client and take necessary actions (including canceling the order) to ensure that the purchased goods are delivered according to the details provided in the order.

PayPal payments: These are processed directly on PayPal’s website, following their terms of use.

Customer service

The user can manage their complaints, inquiries, request guarantees, and exercise the right of withdrawal by sending an email to laura@designlucina.com. All doubts, complaints, and suggestions will be addressed as quickly as possible, without exceeding the deadlines established by current legislation. They will also receive confirmation of these through a written proof, either on paper or in another durable format.

Responsibility

Laura Pérez Navarro is only responsible for any damages suffered by the client to the extent that such damages are caused by intentional or grossly negligent acts. If Laura Pérez Navarro is held responsible for any damages, such liability shall only extend to direct damages resulting from or related to the execution of an agreement. Laura Pérez Navarro is never liable for indirect damages, such as consequential damages, loss of profits, lost savings, or damages to third parties. If Laura Pérez Navarro is liable, such liability is limited to the amount covered by liability insurance. In the absence of payment by the insurance company, liability is limited to the amount of the invoice. All images, photographs, colors, drawings, descriptions on the website or in a catalog are for illustrative purposes only and may not give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Data protection

Laura Pérez Navarro is the responsible party for processing the user’s personal data and informs them that these data will be processed in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights (LOPD) and Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of individuals concerning the processing of personal data and the free circulation of such data. The following information regarding data processing is provided:

1. Purpose of the processing:

To maintain a commercial relationship with the user.

2. Data collected:

The personal data collected on this site are as follows:

Payment: Financial data related to the user’s bank account or credit card are registered as part of the payment for services offered on the website.
Communication: When using the website to communicate with other members, data related to user communications are temporarily stored.
Cookies: Cookies are used when the site is accessed. The user has the option to deactivate cookies from their browser settings.

3. Use of personal data:

Implementation of user assistance.
Personalization of services by showing ads based on the user’s browsing history, according to their preferences.
Prevention and detection of fraud, malware management, and security incidents.
Handling potential user conflicts.
Sending commercial and advertising information, according to user preferences.

4. Sharing of personal data with third parties:

When the user uses payment services, third-party banking and financial institutions with whom contracts have been made are involved in the implementation of these services.
If the user publishes publicly accessible information in the site’s free comment areas.
If the user authorizes third-party sites to access their data.
If the website uses service providers for user support, advertising, and payment services. These providers have limited access to user data solely for the provision of such services and are contractually bound to use the data in compliance with applicable data protection laws. If required by law, data may be transmitted to file claims against the website or comply with administrative and judicial procedures.

5. Security and confidentiality:

The website implements organizational, technical, software, and physical security measures to protect personal data from unauthorized access, alteration, and destruction. However, it should be noted that the Internet is not fully secure, and absolute security cannot be guaranteed regarding data transmission or storage.

6. User rights implementation:

In accordance with applicable data protection regulations, users have the following rights, which they can exercise by contacting the email: laura@designlucina.com:

Right to withdraw consent at any time.
Right of access, rectification, data portability, and deletion, as well as the right to limit or object to their processing.
Right to file a complaint with the data protection authority (agpd.es) if they believe the processing does not comply with applicable regulations.

User

Access, navigation, and use of the website confers the condition of user, so from the moment of such navigation, all the conditions set forth here, as well as any subsequent modifications, are accepted, without prejudice to the application of any applicable mandatory legal regulations.

The user assumes responsibility for the proper use of the website, and this responsibility extends to:

Using this website solely for making inquiries, purchases, or legally valid transactions.
Not making any false or fraudulent purchases.
Providing truthful and lawful contact information, such as email address, postal address, or other data.
Being over 18 years old and having the legal capacity to enter into contracts through this website.

The website is primarily directed at users residing in Spain. Laura Pérez Navarro does not guarantee that www.designlucina.com complies with the legislation of other countries, whether in whole or in part.

Application of the general terms and conditions

These terms and conditions apply to:

Customers who acquire products or services as entrepreneurs or professionals.
Consumers who acquire products or services for personal use.

To be considered a customer, users must meet the following requirements:

Be a professional and/or entrepreneur.
Act with a purpose related to their commercial, business, occupational, or professional activity.

Object

The purpose of these terms is to regulate the contractual terms for the purchase of products and the provision of services, the corresponding consideration due from the user to Laura Pérez Navarro, as well as the use of the service by the user. The provision of services will be carried out through Laura Pérez Navarro’s obtaining, arranging, using, and managing the necessary technical, human, and operational resources. These services are always provided in exchange for the applicable prices at any given time.

The commercial terms of this service, as well as any offers that may be made by Laura Pérez Navarro, will always be available on the website www.designlucina.com, where they can be consulted, stored, or printed.

The content and scope of the services are governed by the respective contractual agreements, exclusively in accordance with the functionalities of the service as described in the contract concluded on www.designlucina.com.

Price

It is understood that the price of each product is the one listed for the available product on the website at the time of placing each order. The user must pay the marked price, including applicable taxes.

All prices are indicated in euros, including VAT, excluding other expenses such as administration fees, levies, travel expenses, shipping, or transportation, unless otherwise stated. Additionally, Laura Pérez Navarro reserves the right to modify the prices for goods and services listed on her website or otherwise made known at any time.

The price for a service is determined by Laura Pérez Navarro based on the actual hours spent. It is calculated according to the hourly rates typically applied by Laura Pérez Navarro for the period during which the work is performed, unless a different hourly rate has been agreed upon. If the parties have agreed on a total amount for a service provided by Laura Pérez Navarro, it is always indicative unless the parties have explicitly agreed in writing to a fixed price that cannot be deviated from.

Laura Pérez Navarro reserves the right to adjust prices annually in accordance with inflation (e.g., the Consumer Price Index – CPI) and will communicate any price changes to the client. The consumer has the right to terminate the contract if they do not agree with the price increase.

Right of withdrawal

The customer who is considered a professional under the General Law for the Defense of Consumers and Users may not exercise their right of withdrawal. The final consumer has the right to withdraw from the contract concluded through www.designlucina.com within 14 calendar days without the need for justification.

To exercise the right of withdrawal, the consumer must notify Laura Pérez Navarro of their decision to withdraw from the contract through an unequivocal statement (e.g., a letter sent by postal mail, fax, or email). To meet the deadline for withdrawal, the communication regarding the exercise of this right must be sent before the corresponding deadline expires.

In the event of withdrawal for a service of significant magnitude, where payment terms have been established, Laura Pérez Navarro will not refund the payments received from the user for the parts delivered or services rendered.

The right of withdrawal does not apply to contracts related to:

The supply of daily newspapers, periodicals, or magazines, except for subscription contracts for the supply of such publications.
The supply of digital content not provided on a tangible medium, where execution has begun with the express consent of the consumer, with their knowledge that they will lose the right of withdrawal as a result.

Intellectual property

Laura Pérez Navarro retains all intellectual property rights (including copyrights, patents, trademarks, designs, etc.) over all designs, drawings, writings, data carriers, or other information, quotations, images, sketches, models, etc., unless the parties have agreed otherwise in writing.

The client may not copy, reproduce, distribute, make available to third parties, or use in any other way the aforementioned intellectual property rights without prior written permission from Laura Pérez Navarro.

Technical support

The user is informed that if they detect an error in entering the necessary data to process their purchase request on the website, they may modify it by contacting laura@designlucina.com. In any case, the user has access to the space, cart, or basket where their purchase requests are recorded and can make modifications. Additionally, the user is referred to consult the Legal Notice and General Terms of Use for more information on how to exercise their right of rectification as established in the Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights.

Modifications

Laura Pérez Navarro has the right to modify or supplement these general terms and conditions. Minor changes may be made at any time. Substantial changes will be discussed with the client as soon as possible. Consumers have the right to terminate the agreement in the event of significant changes to the general terms and conditions.

Language of the contract

These general sales conditions are written in Spanish. In case they are translated into one or more foreign languages, the Spanish text shall prevail in the event of any disputes.

Applicable legislation

The user agrees to make correct and appropriate use of the services and website www.designlucina.com in accordance with the Law, these General Conditions, the Legal Notice, and the Conditions of Use of the Portal, as well as any other applicable conditions, regulations, and instructions that may apply.

These general contracting conditions are governed by Spanish law, and the Spanish Courts and Tribunals will be competent to resolve any disputes that may arise regarding their interpretation, application, and compliance. The user expressly waives any other jurisdiction that, by application of current legislation, may correspond to them and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city of Laura Pérez Navarro’s residence.