Condition of use

Welcome to the web site www.diansa.com (hereinafter, “Web Site”). The access to Web Site and its use as well as the purchase of products distributed by Diansa implies the reading, knowledge and acceptance of these General Conditions of Use (hereinafter, Conditions of Use).

1. Comercial Policy

1.1. Diansa offer the products for sale in the Web Site, exclusively, to users over 18 year of age and with sufficient legal capacity to be bound by these Terms of Use. Likewise, the user expressly and without exception accepts that access and the use of the Website, its services and content is performed under its unique and exclusive responsibility.

1.2. Diansa reserves the right not to respond to orders placed by users that do not comply with what was established in the previous point.

1.3. These Terms of Use exclusively govern the offer, acceptance of purchase orders and the sending of products to users of the Web Site.

1.4. Diansa reserves the right to modify, at any time, the configuration of this Web Site, as well as the conditions of the service and its content, and the rights to remove, limit or suspend it temporarily or permanently, or prevent access to the Website, trying to inform the user of these changes, whenever circumstances permit, by publishing on the Website.

1.5. Diansa does not guarantee, directly or indirectly, the content offered by third parties, nor the truthfulness, reliability, accuracy, timeliness or convenience of this information for the use made by users or any other person. The intellectual property rights on this Website are owned by Diansa. The exclusive exercise of reproduction, distribution, public communication and transformation belong to this company.

2. Types of Users and How to Make an Order

2.1. On the Web Site you will find the information about the products and services that are offered and about the possibility of contracting them. In order to be able to process the orders correctly, the user must provide the data requested to this effect and must adhere to these Terms of Use in the version published at the time of accessing the Web Site. Diansa guarantees the adoption of the necessary measures for the processing of personal data in accordance with the provisions of Organic Law 15/1999 on the Protection of Personal Data and in accordance with the provisions of the Privacy Policy. The navigation through the Website does not require the condition of user, but the visitor must comply with the Conditions of Sale of the website specified here. Access to the Web Site is subject to prior reading and acceptance by any user of the terms, conditions and policies contained in the Legal Information section of this website.

2.2. As indicated above, before proceeding to purchase the products by transmitting the order form, the user will be asked to carefully read and expressly accept these Conditions of Sale. We recommend that all users print a copy and file or reproduce another copy for their personal use.

2.3. To place an order for one or more products on the Web Site, the user must follow the steps indicated in the purchase process, completing the requested data, confirming the purchase of the products added to the cart and making the payment of the order. When confirming the purchase of the products, the user will have all the information regarding the order in process (including the cost associated with transporting the order to the address indicated) and all relevant contractual data.

2.4 The user who purchases products on the Web Site, agrees to pay when confirming the purchase, unless it has agreed special conditions with Diansa. Thus, the order will not be processed until Diansa receives the payment.

 2.5 Once the order has been formalized, the user will receive by e-mail a confirmation that the order has been made, detailing the products purchased and their prices, the shipping costs, the form of payment, the shipping address and the other contractual data of the transaction.

2.6 Orders will be archived in the Diansa database for a period of time that will not exceed the limits established by current legislation. The user can access his orders in the section, "My Orders".

2.7 Diansa may process by users who do not present sufficient solvency guarantees, which are incomplete or incorrect; those whose confirmation of payment is not received within 48 hours, and also the selected products are not available. In such cases, Diansa will inform the user by e-mail that the Order has not been processed correctly, specifying the reasons for it, and, if applicable, will reimburse the amount that has been anticipated for the unavailable products.

3. Products and Prices

3.1. Diansa reserves the right to decide, at any time, the products offered through the Web Site. In particular, Diansa may, at any time, add or remove products from the online store.

3.2. The essential characteristics of the products are presented on the Web Site within each product's data sheet. In spite of Diansa's scrupulous care in its faithful reproduction, the images and colors of the products put up for sale on the Web Site may, however, not faithfully reflect reality, due to the specific characteristics of the Internet browser of the screen used by the user.

3.3. The prices of products for sale on the Web Site are always in euros with the corresponding VAT (21%) included. At these prices will be added the relevant shipping costs. The shipping rates will be communicated to the user when starting the order, and must be accepted by the latter when confirming the purchase.

3.4. Product prices may be subject to updates. The prices that Diansa will apply to each order will be those in effect at the moment the user confirms the purchase of the products regardless of the day of delivery. Diansa recommends making sure the final sales price before confirming the order.

4. Payment Method

4.1. The user who purchases products on the Web Site agrees to pay when confirming the purchase unless it has agreed special conditions with Diansa.

Regular customers can pay 30 or 60 days with written confirmation from Diansa.

4.2. Payment of the price of the products and the respective shipping costs can be made by PAYPAL, with a credit card (VISA, VISA ELECTRON, MASTERCARD). Diansa is committed to using the most effective and safe methods of current technology to transmit data and payments for each transaction. These shipments will always be encrypted through a secure server (SSL).

4.3. In case the user makes the payment by credit card, the bank details will be transmitted through a secure protocol to PAYPAL or others in charge of providing the respective remote electronic payment services, without any third party being able in any case to have access to them. Such data will never be used by Diansa other than in order to complete the procedures relating to the purchase, to issue the corresponding refunds in the event of any refunds and to prevent and inform the police forces in case of fraud in the Web Site by the buyer.

4.4. The purchase price of the products and shipping costs will be debited to the user's current account at the time of order confirmation.

4.5. Within a maximum period of 48 hours from receipt of the confirmation of payment, Diansa will send the user, via e-mail, a confirmation of the purchase, including the order number. This confirmation is not valid as an invoice, only as proof of purchase. Depending on the product delivery times may be delayed several days.

4.6. The invoice corresponding to the purchase made will be sent by e-mail if requested by the customer. Credit card fraud is a crime, and Diansa will file lawsuit against anyone who makes a fraudulent transaction in our store.

5. Shipping and Delivery of Products

5.1. Diansa undertakes to deliver the products in perfect condition at the address indicated by the user in the order form, during normal working hours.

5.2. Diansa will not be responsible for errors caused in the delivery when the shipping address entered by the user in the order form is not realistic or has been omitted.

5.3. The maximum deadline for deliveries is thirty (30) days, established by default in the Law.

In the Website is shown in the section Delivers the delivery times of the merchandise to the different destinations:

• These deadlines are means, and therefore an estimate. For this reason, they may vary for logistical reasons or force majeure. In cases of delays in deliveries, Diansa will inform its customers as soon as it becomes aware of them.
• Each delivery is considered made from the moment in which the transport company makes the product available to the user, which materializes through the control system used by the transport company.
• In the case of delays in the delivery of orders attributable to Diansa, the user may cancel his order in accordance with the procedure described in the section Returns, as if a defective order was, without assuming the costs of shipping and return. Delays in delivery shall not be considered to be cases in which the order has been made available to the user by the transport company within the agreed period and can not be delivered due to causes attributable to the user. 

5.4. If at the time of delivery the user is absent, the carrier will make a second delivery, contacting previously by telephone, and in case the user is absent again, the third delivery will be charged as a new shipment.

5.5. If after 7 business days from the delivery to delivery of the order had not been arranged delivery, the user should contact Diansa. In case the user does not do so, after 10 business days from the delivery to the distribution of the order, it will be returned to the warehouses of Diansa and the user will bear the costs of shipping and return to origin of the goods, as well as possible associated management costs.

5.6. If delivery can not be made due to loss of the package, our carrier will initiate an investigation. In such cases, Diansa will contact the user to decide if he cancels the order and pays the amount paid (cost of the products and shipping costs), or if he resends a new order at no additional cost.

5.7. At the time of delivery, the user must check the condition of the package before the transport company that, on behalf of Diansa, make the delivery of the product, indicating on the delivery note any anomaly that could detect on the packaging. If afterwards, once the product has been checked, the user detects any incidents such as blow, breakage or any defect caused by the product by the shipment, it must inform Diansa by e-mail in the shortest time possible (maximum 5 working days) , to be able to process the return.

6. Warranty

6.1. Users benefit from the guarantee offered by Diansa, in accordance with Law 7/1996, dated January 15, on Retailing.

6.2. Defects or defects due to improper use or manipulation of articles or wear and tear caused by normal use are not included in this warranty, nor are defects.

7. Returns and Product Changes

7.1. The User will have a period of seven (7) business days, according to the official calendar of his place of residence, to return the order, starting from the delivery date of the same according to article 44 of Law 7/1996 of Retail Commerce Management. To these effects, the User must send the product in perfect condition and in its original packaging, including everything that had been sent to the address of Diansa in Paseo Francisco de Sales 41, escalera 2, 4º b, 28003 Madrid. Exercised by the User the right of return, Diansa, will refund the amounts received by credit, without retention and in a term not exceeding thirty days. However, the foregoing, the right of withdrawal and / or resolution is excluded in those cases in which, by the very nature of the articles being acquired, it is impossible to carry out this.

7.2. It is possible to make changes from one product to another, there should only be stock of the desired product.

7.3. The cost of return of the return is borne by the user, except in the case of defective or incorrect products.

7.4. In order for a return to be accepted, the products to be returned must meet the following requirements:

• The unwanted product must be in the same state in which it was delivered, and must retain its original labeling and packaging.
• The unwanted product must be returned using the same packaging in which it has been received to protect the product or, in its absence, in a similar packaging in order that the product reaches our warehouse with the maximum possible guarantees.
• A copy of the delivery note must be included in the package, where the returned products are marked and the reason for the return. 

7.5. If the requirements of the previous point have been respected, Diansa will send the user an e-mail confirming acceptance of the return, and will proceed to the payment of the amount of the products returned, less the cost of return of the same. The shipping costs of the order will only be refunded in case of defective or incorrect products.

8. Customer Service

8.1. For any clarification, incidence or claim, the user can contact the Diansa Customer Service, accessing the "Contact" section, located at the bottom of the Website and selecting the corresponding option or directly sending an email to the address pedido@diansa.com*.

9. Intellectual and Industrial Property Rights

9.1. All elements and contents of the Website and of each of the products, such as images, photographs, texts, music, sounds, videos, documents, logos and any other material, in any format , published on the Website (including menus, web pages, graphics, colors, diagrams, tools, characters, website design, diagrams, structure, selection, ordering and presentation of contents, methods, processes, functions and software that are part of the Website) are protected by the copyright and other intellectual property rights of Diansa. Similarly, the website has the status of a computer program and, as such, is also protected by intellectual property and industrial property law. The access to the website or obtaining the condition of user does not imply a concession of licenses or authorizations on the mentioned rights of industrial and intellectual property.

9.2. The user may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, allow access to the public through any form of public communication, or perform any other action prohibited by the regulations in the matter of intellectual and industrial property on any of the elements mentioned in the previous paragraph, with the express consent of Diansa. The user must use the materials, elements, contents and information that he has access through the use of the Web Site solely for his own needs, being obliged not to carry out, directly or indirectly, a commercial exploitation of said elements.

10. Notice about Contents

10.1. Diansa has taken all measures within its reach to prevent the publication of content describing or representing scenes or situations of physical or psychological violence, or such that, according to the sensitivity of the users of the Web Site, be considered harmful to civic convictions, human rights or the dignity of persons in any form and expression.

10.2. Diansa has also taken all necessary precautions to ensure its users that the contents of the Website are taken care of and do not contain incorrect information or that is not updated with respect to the date of its publication on the website (and, as far as possible, later).

10.3. Although Diansa endeavors to ensure continued access to the website itself, the dynamic nature of the Internet and its contents may not allow the Website to operate without interruptions or discontinuities due to the need to perform website updates . Diansa can not guarantee to its users that the website operates with continuity and without interruptions, errors or malfunctions due to the Internet connection. In the event of any problems encountered during the use of the Website, please contact our Customer Service by sending an email to info@diansa.com and we will try to solve the problem.

10.4. Users are fully responsible for their behavior, when accessing the information on the web, while browsing the web, as well as after having accessed. Therefore, users are solely responsible to Diansa and third parties for:

• The consequences that may arise from a use, for purposes or effects that are unlawful or contrary to this document, of any web content, whether or not made by Diansa, published or not officially published;
• As well as the consequences that may result from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the web or its services or prevent normal enjoyment by other users.

10.5. Diansa reserves the right to update the contents when it is convenient, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as deny access to the web to users who misuse the contents and / or breach any of the conditions that appear in the present document

• The consequences that may result from a use, for purposes or effects that are unlawful or contrary to this document, of any web content, whether or not made by Diansa, published or not officially published;
• As well as the consequences that may result from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the web or its services or prevent normal enjoyment by other users.

10.6. Diansa informs that it does not guarantee:

• That access to the web and / or linking web sites is uninterrupted or error-free.
• In spite of having taken all the necessary measures, Diansa can not guarantee that the content or software that users access through the web or the linking web do not contain any error, computer virus or other elements in the contents that may cause alterations in your system or in the electronic documents and files stored in your computer system or cause another type of damage.
• The use of the information or content of this web or link websites that users could perform for their personal purposes.

11. Links to other Web Sites

11.1. The online store may contain hyperlinks (known as "links" or "links") to other websites that may have no relationship to Diansa.

11.2. The purpose of such links is to assist the user during their searches and navigation, as well as to expedite the hypertext connection to other websites. The activation of the links does not imply any recommendation or suggestion of Diansa regarding access to these websites or browsing their pages, nor any guarantee about their contents, their services or the goods they supply and sell to Internet Users.

11.3. Diansa does not control such websites or their contents, nor does it carry out operations to monitor them. Diansa can not be held responsible for the content of these websites or the rules they adopt regarding the privacy of the user or the processing of their personal data while browsing them.

11.4. These Terms of Use and the Privacy Policy do not apply to websites managed by third parties other than Moccasins Manolito.

12. Privacy

12.1. We urge all users to carefully read the privacy policy that applies even if they access and browse the Website, even without purchasing any product.

13. Modification and Updating of Conditions

13.1. Diansa reserves the right to modify these Terms of Use at any time, without prior notification to the user, who in any case is solely responsible for reviewing them as a prerequisite and indispensable to the acquisition of any product available through of the Website. In any case, the Terms of Use that are exposed on the web will be considered as valid and applicable at the moment the user purchases the corresponding products.

13.2. In case any clause in these Terms of Use is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these Conditions. Diansa may not exercise any of the rights and powers conferred in this document which shall not imply in any case the waiver thereof unless expressly acknowledged by Diansa legal prescription of the action that in each case corresponds.

14. Applicable Legislation and Conflict Resolution

14.1. These Terms of Use are governed by Spanish law, in accordance with Law 7/1998, of April 13, on General Conditions of Contract, Legislative Decree 1/2007, of November 16, approving the General Law for the Defense of Consumers and Users and other complementary laws, such as Royal Decree 1906/1999 of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999 , of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on Retailing and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

14.2. In order to resolve any controversy or conflict arising from these Terms of Use, Diansa is subject to the criteria of determination established in the applicable legislation on consumers and users