This document (together with all documents referred to herein) sets forth the terms and conditions by which
governing the use of this website (www.duzama.com) and the purchase of products on this website (hereinafter, the “Terms and Conditions”).
website or place an order through the website you consent to be bound by these Terms and Conditions and by
our Data Protection Policies, therefore, if you do not agree with all of the Terms and Conditions and with the
Data Protection Policy, you should not use this website.
If you have any questions regarding the Terms and Conditions or the Data Protection Policies, please contact
contact us through our contact form. The contract may be formalized, at your option, in
any of the languages in which the Conditions are available on this website.
2. OUR DATA
The sale of articles through this website is carried out under the name DUZAMA by ERIKA BY MIA S.L,
Spanish company with registered office at Geltoki 2, 31780 Bera (Navarra).
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The information or personal data that you provide about yourself will be processed in accordance with the provisions of the
Data Protection Policies. By using this website you consent to the processing of your personal data.
information and data and declares that all information or data provided by you is true and corresponds to the information and data provided by you.
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
1. Make use of this website only to make legally valid queries or orders.
2. Do not place any false or fraudulent order. If it could reasonably be considered to have been done, it could be considered to have been
We shall be entitled to cancel such a request and inform the relevant authorities.
3. Provide us with your e-mail address, mailing address and/or other contact information truthfully and accurately.
accurate. You also consent that we may use such information to contact you if
we will be able to process your order.
By placing an order through this website, you declare that you are at least 18 years of age and have the legal capacity to
to enter into contracts.
5. AVAILABILITY OF THE SERVICE
Items offered through this website are available for international shipping.
6. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on “Authorize payment”. You will then receive
an e-mail acknowledging receipt of your order (the “Order Confirmation”).
We will also inform you by e-mail when your order is being shipped to you (the “Confirmation”).
of Shipment”). An electronic ticket with the details of your order will also be attached to the Shipment Confirmation (the “Confirmation of Shipment”).
7. TECHNICAL MEANS TO CORRECT ERRORS
In case you detect that an error has occurred when entering your personal data during registration
as a user of this website, you can modify them in the “My Account” section. In any case, it may
correcting errors related to personal data provided during the purchase process
by contacting customer service through the email address firstname.lastname@example.org.
This web page shows confirmation windows in various sections of the purchase process that do not allow
proceed with the order if the data in these sections have not been provided correctly. Also, this page
website provides the details of all the items you have added to your cart during the checkout process, in a way
that, before making the payment, you will be able to modify the data of your order.
If you detect an error in your order after the completion of the payment process, you should contact
Please contact our customer service department immediately, at the following e-mail address
above mentioned, to correct the error.
8. AVAILABILITY OF THE PRODUCTS
All orders are subject to product availability. Should any difficulties arise with respect to the
supply of products or if there are no items left in stock, we will reimburse you for any amount that you could
Unless there are circumstances arising from the customization of the products, or circumstances
we will send you the order consisting of the products listed in each of our products.
confirmation of shipment within the time period indicated on the website according to the selected shipping method and, in all cases, within the time period indicated on the website according to the selected shipping method and, in all cases, within the time period indicated on the website.
If necessary, within a maximum period of 30 days from the date of the Order confirmation.
Regarding the virtual gift card, we will send it on the date indicated by you when placing the order.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and will inform you that we will not be able to meet the delivery date.
We will give you the option to proceed with the purchase by setting a new delivery date or to cancel the order.
order with full reimbursement of the price paid. Please note, in any case, that we do not deliver to
home on Saturdays and Sundays.
For the purposes of these Conditions, “delivery” shall be deemed to have occurred or the order shall be deemed to have been
“delivered” at the time that you or a third party indicated by you acquires material possession of the
products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
10. IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, we will try to find a safe place to leave it. If not
we can find a safe place, your order will be returned to our warehouse. We will also leave you a note
explaining where your order is and how to have it shipped back to you. If you are not going to be in the
delivery place at the agreed time, please contact us to arrange delivery at the following address
In the event that 15 days after your order has been available for delivery, the order has not been delivered to you.
delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it as
resolved. As a consequence of the termination of the contract, we will refund all payments received from you,
including delivery charges (with the exception of the additional costs resulting from your choice of
a delivery mode other than the least expensive ordinary delivery mode that we offer) without
any undue delay and, in any event, no later than 14 days from the date on which we consider
Please note that transportation derived from the resolution may have an additional cost, for
We will be authorized to charge you for the corresponding costs.
11. TRANSFER OF RISK AND OWNERSHIP
The risks of the products will be at your expense from the moment of delivery. You will acquire ownership of
the products when we receive full payment of all amounts due in connection therewith,
including shipping costs, or at the time of delivery (as defined in clause 9 below).
The previous one), if it were to take place at a later point in time.
12. PRICE AND PAYMENT
The prices on the website include VAT (when this tax is applicable).
Prices are subject to change at any time, but possible changes will not affect orders with
for which we have already sent you an Order Confirmation. Once you have selected all the
items you wish to purchase, they will have been added to your cart and the next step will be to process the order and make the payment.
To do this, you must follow the steps of the purchase process, filling in or checking the
information requested at each step. Also, during the purchase process, before making the payment, you will be able to
to modify your order data. A detailed description of the purchase process can be found in the
Purchase. You may use Visa, Mastercard and American Express cards as means of payment. We inform you that
Erika by Mia S.L. with registered office at Geltoki 2, 31780 Bera, (Navarra) with Tax Identification Number
B71403182 will collect and, if applicable, reimburse payments on behalf of duzama.
made through this website.
To minimize the risk of unauthorized access, your credit card details will be encrypted. By clicking on
By clicking “Authorize Payment” you are confirming that the credit card is yours.
Credit cards will be subject to checks and authorizations by the credit card issuer.
If such entity does not authorize payment, we shall not be liable for any delay or failure to pay, but if such entity does not authorize payment, we shall not be liable for any delay or failure to pay.
delivery and we will not be able to enter into any contract with you.
13. RETURN POLICY
You have the possibility to exchange any item ordered within 15 days from the date of receipt of the order.
When returning any item, please return it in its original packaging, accompanied by all accessories and
documents provided (user manuals, warranties, certificates of authenticity), in addition to the delivery note.
delivery. We recommend that you take all necessary precautions to ensure your protection. All articles
damaged, used, incomplete, incomplete, dirty or in any other condition that could give rise to the belief that it has been
used or carried may not be exchanged.
An item can only be exchanged once.
If you contract as a consumer and user, you are entitled to remedial action, free of charge, in the event of
lack of conformity of the goods. We offer warranties on the products we market through
this web page, in the terms legally established for each type of product, responding, therefore, by
the lack of conformity of the same that becomes apparent within three years from the delivery of the product.
It is understood that the products are in conformity with the contract provided that (1) they conform to the description provided
by us and possess the qualities that we have presented on this website, (2) are suitable for the uses to which they are put, (3) have been tested by us and possess the qualities that we have presented on this website, (4) are suitable for the uses to which they
products of the same type and (3) have the usual quality and performance of a product of the same type, and (4) have the same quality and performance as the products of the same type and (5) have the same quality and performance as the products of the same type.
products of the same type that are reasonably to be expected.
In this sense, if any of the products is not in accordance with the contract, you must put it in our
knowledge by following the procedure detailed in section 18.5 above and through any of the
means of communication provided for this purpose.
Our commercial guarantee will not affect the rights that you have recognized by current legislation.
15. LIABILITY AND RELEASE OF LIABILITY
Except as otherwise expressly provided in these Terms and Conditions, our liability in connection with
with any product purchased on our website shall be strictly limited to the purchase price of such product.
However, unless otherwise provided by law, we do not accept any liability for the following losses, regardless of their origin:
1. lost revenue or sales;
2. loss of business;
3. loss of profits or loss of contracts;
4. loss of anticipated savings;
5. data loss; Y
6. loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in storage and
transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or the
obtained through this website unless otherwise expressly stated herein.
16. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and other industrial and commercial property rights are reserved.
intellectual property rights over the materials or content provided as part of the website belong to us in the following ways
moment to us or to those who have licensed us to use them. You will be able to use this material
only as expressly authorized by us or by those who have licensed us to use it.
use. This will not prevent you from using this website to the extent necessary to copy your order information or contact details.
17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing on this website any of the following
viruses, Trojans, worms, logic bombs or any other technologically damaging or harmful programs or materials.
harmful. You will not attempt to gain unauthorized access to this web site, the server on which this web site is hosted, or the server on which this web site is hosted.
is hosted or to any server, computer or database related to our website. You are
agrees not to attack this web site through a denial of service attack or a
distributed denial of service.
Failure to comply with this clause could lead to the commission of infractions typified by the regulations.
applicable. We will report any non-compliance with such regulations to the competent authorities and
We will cooperate with them to discover the identity of the attacker. Likewise, in the event of non-compliance with the
This clause, you will immediately cease to be authorized to use this website.
We shall not be liable for any damage or loss resulting from a denial of service attack, virus or
any other technologically harmful or damaging software or material that may affect your computer,
computer equipment, data or materials as a result of the use of this website or the downloading of content from it or to
the same redirection.
18. LINKS FROM OUR WEB PAGE
In the event that our website contains links to other websites and materials of third parties, such links will be
are provided for informational purposes only, and we have no control over the content of such information.
web pages or materials. Therefore, we do not accept any responsibility for any damage or loss
derived from its use.
19. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you be in writing.
By using this web site, you agree that most such communications with us will be
electronic. We will contact you by e-mail or provide you with information by posting a message on our website.
notices on this website. For contractual purposes, you consent to the use of this electronic means of communication.
and acknowledge that all contracts, notices, information and other communications sent by us to you by us in any form
The electronic invoices comply with the legal requirements of being in writing. This condition shall not affect your rights
recognized by law.
The notifications that you send us should preferably be sent through our form of
contact us. Subject to the provisions of clause 24 above and unless otherwise stipulated, we may provide you with
send communications either by e-mail or to the postal address provided by you when placing an order.
Notifications shall be deemed to have been received and properly made at the same time as they are received.
are posted on our website, 24 hours after an e-mail has been sent, or three days after
of the postage date of any letter. To prove that the notification has been made, it will be sufficient to prove,
in the case of a letter, which had the correct address, was properly stamped, and was duly
delivered at the post office or in a mailbox and, in the case of an e-mail, that the e-mail was sent to the address
specified by the recipient.
21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us, as well as our respective successors, assigns and successors in title.
You may not transfer, assign, encumber or otherwise transfer a contract or any of the rights or obligations under a contract without our prior written consent.
We may convey, assign, encumber, subcontract or otherwise transfer a contract or any of the
rights or obligations arising therefrom, at any time during its term. To avoid any
In the event of doubt, such transfers, assignments, encumbrances or other transfers shall not affect the rights, if any,
you, as a consumer, have recognized by law, nor shall they nullify, reduce or otherwise limit the rights and obligations of you as a consumer.
warranties, both express and implied, that we may have given you.
22. EVENTS OUTSIDE OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations.
the same is due to events beyond our reasonable control (“Cause of loss”).
Force Majeure shall include any act, event, failure to exercise, omission or accident that
is beyond our reasonable control, including, but not limited to, the following:
1. Strikes, lockouts or other protest measures.
2. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of using trains, ships, airplanes, motorized transport or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It shall be understood that the obligations shall be suspended during the period in which the Cause of Force Majeure
continue, and we will have an extension of the deadline to comply with such obligations for a period of time
equal to the duration of the Force Majeure Cause. We will make every reasonable effort to bring the Case to an end.
Force Majeure or to find a solution that will allow us to meet our obligations despite the Cause of Force Majeure or to find a solution that will allow us to meet our obligations despite the Cause of Force Majeure.
Failure on our part to require strict compliance by you with any of your obligations
contract or these Terms and Conditions or the failure of us to exercise any of our obligations under these Terms and Conditions.
of any rights or remedies to which we may be entitled under such agreement or the Conditions, not
waive or limit any such rights or remedies and shall not relieve you from any liability of any kind with respect to such rights or remedies.
comply with such obligations. No waiver by us of any particular right or action shall constitute a waiver of any other right or action.
a waiver of any other rights or remedies under a contract or the Conditions. No waiver by us of any of our rights to any of the
these Conditions or to any rights or remedies arising under a contract shall have effect, unless otherwise provided for in these Conditions.
expressly that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions of this Agreement.
as set forth in the Notifications section above.
24. PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by
resolution issued by the competent authority, the remaining terms and conditions shall remain in force, without
affected by such declaration of nullity.
25. ENTIRE AGREEMENT
These Conditions and any document expressly referred to in these Conditions constitute the agreement between the parties.
The entire agreement between you and us relating to the subject matter hereof supersedes all other agreements,
prior agreement or promise agreed between you and us orally or in writing. You and us
we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise
made by the other party or that could be inferred from any statement or writing in the negotiations undertaken
by both before the same, except for what is expressly mentioned in these Conditions.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party,
orally or in writing, prior to the date of a contract (unless such an uncertain statement was made prior to the date of the contract).
fraudulently) and the only action available to the other party will be for breach of contract pursuant to
with the provisions of these Conditions.
26. OUR RIGHT TO MODIFY THESE TERMS
We reserve the right to modify the Terms and Conditions. The modifications introduced will not have
If you do not agree with the modifications introduced, we recommend that you do not use our site.
27. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by the
Any dispute arising out of or in connection with the use of the web site or such contracts shall be submitted to
to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer.
recognized by current legislation.
28. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. Please send us such comments and suggestions,
As well as any inquiry, complaint or claim through our e-mail address indicated in clause 2 above.
of the present Conditions.
Your complaints and claims to our customer service will be dealt with as soon as possible.
possible and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification code.
which we will bring to your attention. If you as a consumer believe that your rights have been violated,
you can send us your complaints through the e-mail address email@example.com in order to request
an out-of-court settlement of disputes.
In this regard, if the purchase between you and us has been concluded online through our website, we will not be liable for any loss or damage resulting from the use of this website.
in accordance with EU Regulation No 524/2013, we inform you that you have the right to apply with us for.
accessible out-of-court resolution of consumer disputes.