TERMS AND CONDITIONS
READ THESE CONDITIONS CAREFULLY
These General Conditions will expressly regulate the relationships that arise between
Adress:C / Pedro Diez 21 bis, 5th floor, 28019 Madrid
Contact Email: [email protected]
Phone: 93 301 40 24
and third parties (hereinafter, "Users" / "Customer") who register as users and / or purchase products through the online store of the official Menkes website (www.menkes.es hereinafter the "Menkes" and / or the "Store").
1. USER OBLIGATIONS
1.1 According to the provisions of article 23 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, as a buyer User, the confirmation of the contracting of services will be made through the button activation "I accept the contracting conditions”That will appear before you definitively proceed to start the purchase process on our platform.
For legal reasons, we have the confirmation that you have made at the time of contracting our services through the validation or "click" of them at the time of registration and / or contracting; so we have the certainty about when you have accepted our conditions.
1.2 The User agrees, in general, to use the Store, to purchase the products and to use each of the Store's services diligently, in accordance with the law, morals, public order and the provisions of these General Conditions, and you must also refrain from using them in any way that may prevent, damage or impair the normal operation and enjoyment of the Store by Users or that could injure or cause damage to the goods and rights of Menkes, its suppliers, Users or in general of any third party. These Conditions could be modified. It is your responsibility to read them periodically.
1.3 As stated in the Legal Notice, this platform belongs to the owner, who is up to date with his tax and fiscal obligations.
2. TYPES OF USER AND CONTRACTING OF OUR SERVICES
2.1 The contracting of our services can be carried out by any natural person or individual who wishes or needs it as long as they hold the legal majority (in Spain the age of 18 is understood by majority) and have the legal capacity to act
a) If you register as a buyer, these conditions and the provisions of the regulations relating to the defense and protection of consumers or users will apply in any case.
b) If it is registered as a legal entity, it must have the powers or capacity to act on behalf of the company, proving its condition in which case it is required by Menkes SA at the appropriate time.
c) If you register as a wholesaler, you must request your access code by email [email protected] providing the relevant documentation.
2.2 Menkes SA does not assume the obligation nor does it have the technical means to verify the identity of the Users who register in it. Therefore, the Store will not be responsible in any case when there is a case of usurpation of the User's identity.
2.3 Taking this into account, Menkes SA reserves the right to reject any registration request whose content does not conform to the purposes of this platform, so it is up to the User to ensure that the transaction that he intends to carry out is in accordance with the purpose of this platform, as well as that it does not violate any of the registration rules that are required.
2.4 If you detect that a minor has contracted any of our services or made a purchase, tell us with as much detail as possible and as soon as possible at [email protected]
3. PRODUCTS AND PRICES
The store has two types of products. The Store includes selected multi-brand and / or Menkes brand products (hereinafter, the “Standard Products) and products that, although they have been designed by Menkes, may have been personalized to suit the user and / or custom-made for the user (in hereinafter, the "Custom Products"); henceforth, both will be referred to jointly as "Product / s".
3.1 Menkes reserves the right to decide, at any time, the Products that are offered to Users through the Store. In particular, Menkes may at any time add new Products to those offered or included in the Store, it being understood that unless otherwise provided, such new Products will be governed by the provisions of these General Conditions. Likewise, Menkes reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the different types of Products offered in the Store.
3.2 The Products included in the Store will correspond, in the most reliable way possible, allowed by the web display technology, to the Products actually offered –the colors may vary depending on the calibration of each computer and its definition-. The characteristics of the Products and their prices appear in the Store. The prices indicated in the Store are in Euros and include VAT, unless otherwise indicated.
3.3 If your company is a European company and therefore has an intra-community NIF, you must indicate it in the registration form for the purchase. In this way, the operation will be exempt and you will be responsible for complying, where appropriate, with the applicable regulations in your country.
3.4 All our prices are updated on our website, but they may change due to variations in costs or other operational, commercial or market-related reasons.
The prices and promotions that you can find on the Menkes platform could differ from those offered in the physical Menkes stores for the same or similar products.
If, for whatever reason, you make a purchase with a certain price and, for any reason, a different price appears on the same product later, the price that will be applicable for that purchase made, will be that of the date on which you made the purchase, making the payment and accepting these contracting and sale conditions
3.5 Personalized products: The deadline for completion of each personalized product purchased through this website is approximately 45 business days (Monday to Friday) from the date the order enters the workshop. Our personalized products are handmade and made by hand one by one. However, in the event that the preparation is completed prior to the period detailed above, you will receive an email informing of the shipment.
4. PROCEDURE AND FORM OF PAYMENT OF THE PRODUCTS
4.1 Within a maximum period of twenty-four (24) hours, Menkes will send an email to the User, confirming their order. This email will assign an order number with your purchase details, price and shipping costs.
4.2 The User who purchases a product through the Store must make payment through the payment systems specifically detailed in the Store.
The different forms of payment that the Menkes platform supports are the following:
- PayPal: the user can select the payment through this platform if they wish.
- VISA and MASTERCARD credit and debit cards: Our website only accepts payment with credit cards that are secured (3D Secure), so you will need a special password to buy online that must be provided by the financial institution issuing the card, mentioning the need to have the virtual password by 3D Secure. We recommend using this 3D Secure system, you make sure that you are the only one who can make purchases with the card, so its fraudulent use on the network is impossible, guaranteeing the total security of the transactions.
- Apple Pay
- Google Pay
4.3 Once all the mandatory fields have been filled in and once the terms have been accepted, it will be understood that the buyer User enters into a contract with Menkes SA. Next, they will receive an email justifying the transaction with details of the purchase.
4.4 The order confirmation sent by Menkes is not valid as an invoice, only as proof of purchase. Menkes will send the invoice via email at the time the products are shipped.
4.5. Security measures applicable to payment methods
Menkes uses information security techniques generally accepted in the industry such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data.
To achieve these purposes, the User accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.
Any contracting process or that involves the introduction of personal data will always be transmitted through a secure communication protocol (HTTPS: //), so that no third party can have access to the information transmitted electronically.
5. RIGHT OF WITHDRAWAL AND RETURN
The type of services provided by Menkes consists of a provision of services by which it allows Users to purchase standard products and / or personalized products for sale on this platform.
For this reason, we inform you that, by acting as a buyer User, you will have right of withdrawal in accordance with the provisions of article 103 of the Law on Consumers and Users, as a general rule. However, this will not apply when: (1) the service object of the transaction has already been started; (2) when it is understood that it has been executed; (3) when the product is personalized and / or made to measure.
5.1 Buy standard products
The user has a right of withdrawal in the case of STANDARD PRODUCTS for which he can contact Menkes via email at the following address: [email protected] and desist from the purchase within a period not exceeding fourteen (14) business days, counted from the receipt of the Product *. Said return will be made in accordance with the instructions that Menkes indicates to the User in response to their notification of the exercise of withdrawal. The User must return the standard Product within a maximum period of seven (7) days after Menkes indicates the form of return. The Product must be sent following the instructions indicated, the User is responsible for the direct cost of returning the Product., except in case of defective product.
(1) The return entails the refund of the amount of the standard products returned. The payment of the amount will be made through the same means in which the payment was made. The term for said payment will be established by law.
(2) The right of withdrawal may not be exercised when the Product is not in perfect condition.
(3) PRODUCTS with prints, drawings or similar elements may fade after many washes. We recommend that you wash by hand with neutral soap and carefully follow the manufacturer's instructions.
(4) IMPORTANT: For hygiene reasons the following products CANNOT be returned for refunds or exchanges: Stockings, underwear, masks, makeup, wigs, hairpieces, masks and masks, SASAKI brand high competition product. We also ask that you try on shoes and footwear on a clean carpet or floor. Shoes and footwear with wear, stains and that are not in good condition will not be accepted for refunds and exchanges.
5.2 Purchase of personalized products
The CUSTOMIZED PRODUCTS will be subject to specific conditions regulated in this condition that the buyer User declares to understand and accept by accepting these same conditions.
Therefore, in case you have purchased a customized product, the right of withdrawal will not apply. Except if the personalized product received does not correspond to the order / commission.
If the personalized product received by the user does not correspond to the order, the user must contact the store using the following email: [email protected] Attaching the pertinent photos and details of your consideration to argue your request for withdrawal / return. Only once the veracity of the facts has been verified, Menkes will proceed to give instructions on how to send the return. Once the personalized products have been received at our facilities, the purchase amount will be refunded.
Take note that:
(1) The interpretation that the user may have imagined about the color of the product or the combination of colors, is not the responsibility of Menkes. Keep in mind that the color that appears on the screen does not always match that of the physical product made, so returns or exchanges will not be accepted for this reason. In case of doubt and before making the purchase, please contact our team to verify the color, if applicable, by means of the following email: [email protected]
(2) In the event that the user requests several product sizes to see which is the correct one, the amounts will not be refunded, charging for all the products purchased since they are also personalized products made by hand one by one expressly for the user.
(3) In any exceptional case, acceptance by Menkes of the return will be replaced or delivery of a voucher for the value of the purchase redeemable at any Menkes store within one year. The user is responsible for the return shipping costs.
(4) PRODUCTS with prints, drawings or similar elements may fade after many washes. We recommend that you wash by hand, with neutral soap and carefully follow the manufacturer's instructions.
6.1 Rhythmic Gymnastics
If the defect is manifested and detected by the buyer after three months of its acquisition in products other than the Sasaki brand, it may notify Menkes, but must prove, where appropriate, what happened so that Menkes can assess whether it is a factory defect or origin and, where appropriate, lead to a replacement or repair of the product. The User may notify the following email: [email protected]
All this, as long as the instructions for use specified in the guarantee have been followed, specifically in high-competition products.
It is important to warn the user that it is not applicable after TWO months of purchase on high-competition Sasaki products, according to the manufacturer's instructions and specifications of the warranty itself..
In this case, as more months of the established warranty period will have elapsed, Menkes reserves the right to inform about the cost that the repair or replacement of the product may entail. Always following the instructions of the Sasaki brand.
6.2 Show and flamenco shoes | CUSTOMIZED PRODUCTS
(1) In Menkes footwear for the Academic and Professional ranges, and in the MKS flamenco and debutante line, there is a 3-month guarantee from purchase, as long as the defect is detected of manufacture within that period and provided that the footwear has been put to good use.
(2) In Menkes Professional 1 and Elite range footwear, there is a 6-month warranty from purchase, as long as the manufacturing defect is detected within that period and provided that the footwear has been put to good use..
(3) In show and tap shoes, there is a 6-month warranty from purchase, provided the manufacturing defect is detected within that period and provided that the footwear has been put to good use.
In all these cases, inform that Menkes can only assess whether it is a factory defect by having the shoe in our hands. From there, if it is a manufacturing defect, it will be replaced, repaired or solved for the problem. Otherwise, we will find ourselves in the position of having to invoice or charge the shipping and / or repairs or changes, always notifying the client of this situation.
If the defect is manifested and detected by the buyer six months after its acquisition, Menkes would appreciate it if our user could notify it by email to [email protected]. Proving the date of purchase, attaching photos and a description of the problem and what happened. Menkes will try to answer as soon as possible, assessing a possible solution.
In all cases where the warranty period has expired, Menkes reserves the right to inform about the cost that the repair or replacement of the product may entail.
7. CUSTOMER SERVICE
7.1 For any incident, claim or exercise of their rights, the User may send an email to the address [email protected]
8. HOME DELIVERY SERVICE
8.1 The territorial scope of sales through the Store is both for the European Union and internationally. The Products purchased through the Store will be sent to the delivery address indicated by the User once the payment has been verified, the delivery times being variable depending on the PRODUCT, the supplier and their availability.
The delivery times of CUSTOMIZED PRODUCTS (handmade, personalized or on request) are approximately 45 days working (Monday to Friday) since the order enters the workshop. If we anticipate this period, the User will be informed.
We remind you that the price of the shipping made by Menkes does not include possible taxes or tariffs existing in the communities (Canary Islands, Ceuta and Melilla) or in the country of destination and that, if any, must be paid by the customer at the time of delivery. Menkes does not have any control function and is not responsible in any case for such charges. Before placing your order, we recommend that you check with customs offices for more detailed information.
8.2 The Menkes delivery service is carried out in collaboration with different logistics operators of recognized prestige. Orders will not be served in PO Boxes or in hotels or other non-permanent addresses.
8.3 The cost of shipping is not included in the price of the Products. At the time of purchase of the Product, the User will be informed of the exact shipping cost.
8.4 Menkes makes every effort to ensure that the order leaves the warehouse completely. In any case, we cannot guarantee the stock of all PRODUCTS permanently. In addition, as we cannot update our stocks online outside of office hours, there may be a slight variation in the stock figures on the website compared to those available in the warehouse. In the event that an order is not complete, Menkes reserves the right, in some cases and at its discretion, to make two shipments.
8.5 In case of having to resend the purchase, for reasons beyond the control of Menkes, the Buying User will assume the total cost of said shipment, added expenses, if any, in addition to the price already paid for the product.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY
9.1 The User acknowledges that all the elements of the Store and each of the Products, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of their contents, and the computer programs used in In relation to them, they are protected by the intellectual and industrial property rights of Menkes itself or of third parties, and that the General Conditions do not attribute to it any other rights other than those specifically contemplated in them with respect to said industrial and intellectual property rights.
9.2 Unless authorized by Menkes or, where appropriate, by third party holders of the corresponding rights, or unless this is legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow access to the public through any form of public communication, of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information accessed through the use of the Store only for their own needs, committing themselves not to carry out, directly or indirectly, a commercial exploitation of the materials, elements and information obtained through the same.
9.3 The User must refrain from circumventing or manipulating any technical devices established by Menkes or by third parties in the Store.
9.4 The User may share PRODUCTS files on their social networks as long as they tag the @MenkesOfficial brand and if it were a multi-brand PRODUCT, do the same by adding said brand, also using the authorized hashtag: # ❤️MisMenkes
10. DATA PROTECTION
10.1 In relation to the current legal regulations for the protection of personal data and the new General Data Protection Regulations (RGPD), we inform you that the person responsible for the data you have provided us is Menkes, SA The purpose of the collection is manage the requested order, with legal basis regulated according to the Code of Commerce and Complementary laws. Your data is confidential and will be used solely for that purpose. We inform you that by checking the box we will understand that you consent to the processing of your data for each of the indicated purposes. You can exercise your rights of access, rectification, cancellation, opposition, right to transparency of information, right of deletion, limitation and portability by contacting Menkes, SA ([email protected]).
10.2 The answers marked with * in the registration form are mandatory. Your non-response will prevent you from making the purchase of the selected products.
11.1 Menkes SA will facilitate the use of personal passwords to the user who registers as such on the website. These passwords will be used to access the services provided through the Website. The user must keep the passwords under his sole responsibility in the strictest and absolute confidentiality, assuming, therefore, any damages or consequences of any kind arising from the breach or disclosure of the secret. For security reasons, the password for telematic access to the services linked to the Website may be modified at any time by the user. The User undertakes to notify Menkes SA immediately of any unauthorized use of his password, as well as access by unauthorized third parties to it.
11.2 For wholesale customers, Menkes will provide the username and password valid for 1 year, renewable by the Store. This access is exclusive and nominative associated with the company with a binding commercial relationship as a wholesaler with Menkes SA The user must keep the passwords under his sole responsibility in the strictest and absolute confidentiality, assuming, therefore, any damages or consequences of all kinds derive from the breaking or revealing of the secret. For security reasons, the password for telematic access to the services linked to the Website will be modified only by the Store. The User agrees to notify Menkes SA immediately of any unauthorized use of his password, as well as access by unauthorized third parties to it.
12.2 If the User does not want a cookie to be installed on their hard drive, they must configure their Internet browsing program to not receive them. Likewise, the User may freely destroy the cookies. In the event that the User decides to disable cookies, the quality and speed of the service may decrease and may even lose access to some of the services offered in the Store.
13. LIMITATIONS AND EXONERATIONS TO THE LIABILITY OF MENKES
Menkes does not control the topicality, veracity or accuracy of each of the data published by Users on this platform or by third parties that allude to it (that is, by referrals from third party owners of other pages to the Menkes page, for example ) for which, in no case, will it be responsible for information that is not exact, truthful, not current or any other derived from an error from the source from which that information was extracted.
Thus, by way of example and not limitation, Menkes will not be liable in any case in the event of:
- Errors or confusion that may occur in the Buyer User, related to names, data or information from errors in web pages or original sources from which any information that alluded to or linked to the Menkes page was extracted or consulted. That is, if the User comes to our website from websites or content advertised by third parties, they must understand that the most up-to-date and truthful information is that of the Menkes page and not that of the third parties where it came from. Consequently, with regard to conditions applicable to products or services, the provisions on this page will be followed, Menkes not being responsible for what said third parties may have published.
- Lack of detailed information on a certain product that depends on the criteria or data of the person who offered it for sale outside the usual or direct channels of Menkes. That is, if a third party disseminated Menkes products and did not detail all the information about their products or services, Menkes is not responsible for such information, only those that appear on our website at the time of the transaction are valid.
- Misuse or abuse by the User of the information obtained from our services, such as misinterpretations of it, or misinterpretations or misuse of the information extracted from another platform.
- Damages or losses that have occurred as a result of the use of the information extracted from our services or third-party platforms. That is, if a user uses our services or purchases our products and uses them to harm third parties, Menkes is not responsible for such action (for example, he takes advantage of our brand, prestige, impersonates us, among others). Nor is Menkes liable when third-party platforms abuse the information or services we offer through our page in order to obtain their own profit or harm third parties (for example, when information from Menkes is used to sell an imitation product. or not original, under our name and without our permission, among others). In any case, those who acted in violation of the regulations will be responsible for said actions.
In this sense, Menkes is not responsible for the interpretations that the client or user may make regarding details, characteristics of the service or other conditions offered by Menkes through the website or that derive from content and publications of third parties that have taken advantage of somehow from Menkes, its website, its products or its reputation. That is, Menkes will only be liable for the conditions offered by it exclusively, not for what third parties do.
14. CODE OF CONDUCT
14.1. Users who can use the platform
All Users of the website must be persons with legal capacity who have reached the age of majority.
The correct behavior of the Users is essential for the proper functioning of the service. Next, the code of conduct that they must have to access and use the website is detailed, expressly indicating that compliance with what is described below is an essential condition for using the website.
14.2. User Code of Conduct
14.2.1. General common duties of all Users
(1) Users declare under their sole responsibility that they will act in compliance with the applicable regulations, in a responsible, respectful, diligent manner and with total good faith.
(2) Menkes guarantees that the products it sells are not illegal, immoral, prohibited, or violate or infringe the rights of third parties.
(3) In the event that the User has access to confidential information, he agrees to use it exclusively for the purposes for which they were revealed, always respecting said confidentiality.
(4) In the event that the Users detect any anomaly or malfunction of the platform or services offered by Menkes, the User may notify the following email: [email protected]
(5) Regarding the use or publication, where appropriate, of content by Users, they undertake to respect the following rules or regulations:
- Respect the rights of the owner of the platform and the rights of third parties related to intellectual and industrial property, described in the Terms.
- Respond for damages caused to third parties due to the violation of industrial and intellectual property rights and hold Menkes harmless at all times.
- Comply with each of the rules and procedures established in this document and in the Legal warning.
- Respect the rights of third parties and other Users registered on the Menkes platform.
(6) In the event that the Users themselves can comment on the platform, they must respect, not only the intellectual property rights and image of third parties or the platform, but also make their comments or contributions, ensuring the right to respect. of others.
14.2.2. Prohibited conduct for all Users
The User is expressly prohibited from the behaviors described below:
(1) The User cannot register and use the website without having sufficient capacity to do so.
(2) The User cannot create false identities, act on behalf of third parties without sufficient power or legitimacy and / or impersonate the identity of others, in the same way as the illegal use of data. In this sense, in no case may the services of the platform be used to access or seek access to the accounts of other Users; to penetrate, or attempt to penetrate, the security measures of Menkes, the software or the physical equipment of another entity, the electronic communications system, or the telecommunications of the system.
(3) The introduction of false data is not allowed, and your data must be completely accurate and truthful.
(4) The User cannot be truthful, falsify documents, signatures, violate the laws, regulations or applicable regulations. In particular, the platform cannot be used for purposes related to child pornography, child abuse, mistreatment, affecting minors, their families and / or third parties.
(5) The User may not violate the predetermined rules and processes for accessing and using the website or use methods that may cause damage to it or to third-party systems.
(6) The User may not use the website for purposes other than those for which he is entitled.
(7) It is not allowed to contact other Users of the website, as well as to have the data provided by them for purposes other than those established in these Conditions and in the particular ones that may regulate access to services offered through the Web page.
(8) You cannot send chain letters and / or unsolicited advertising, unless you have the express consent of the recipient.
(9) The transmission of information through the website is not allowed, nor is it allowed to commercialize material, products or services of any kind or nature that is illegal, libelous, defamatory, harmful, vulgar, obscene or in any other way objectionable. In this sense, you cannot use disrespectful language, content and graphics that affect the rights of our other Clients and / or Users and / or third parties.
(10) You cannot transmit any material that harasses another user and / or third parties.
(11) It is not allowed to transmit any type of material (by e-mail, forums, comments) that threatens, encourages the realization of damage or the bodily destruction of a property or person.
(12) The Menkes platform cannot be used to transmit any content that is considered adult or pornographic, such as explicit sex scenes, full nudity, etc.
(13) It is not allowed to transmit the insertion of commercial messages or advertisements, without complying with the legal requirements and / or being considered spam and / or performing spamming behaviors (sending junk mail or unsolicited messages).
(14) It is forbidden to use material that violates and / or affects the intellectual and industrial property rights of our Clients and / or third parties (brands, trade name, slogan, photographs, content ...). Above all this, the User must avoid publishing all the material that is from third parties and that is registered as intellectual and / or industrial property, without having the proper authorization of its owner or having ensured that when using it, account or have the the corresponding license for it.
(15) You cannot use our platform to collect, or attempt to collect, personal information about third parties without their knowledge or consent and / or without compliance with the European Data Protection Regulation 679/2016, of April 27, and of the Organic Law 3/2018, of December 5, on the Protection of Personal Data.
(16) In no case can activities be carried out through or from our platform, which affect the capacity of people or systems, including the denial of service (DOS) attack against another main computer on the network or individual User.
(17) It is forbidden to carry out deceptive activities with the purpose that the person who receives it acts on them or from them, causing them harm.
(18) It is prohibited to carry out any other action for illegal purposes and / or that are harmful or violate the rights of third parties and / or Menkes (among them: right to honor, honor, integrity of the person, good name ...) and / or constitutes a crime or criminal offense.
(19) Nor can the platform be used for the propagation of hate speech and / or prejudice against minorities, apology for crime and / or violation of human rights.
(20) Once the order has been executed, the rights of withdrawal or returns will correspond according to the particular conditions that Menkes has established in this regard.
14.3. Conduct by Menkes
14.3.1. Menkes Duties
(1) Menkes undertakes to process the data of the Users following the confidentiality and privacy rules established in these Conditions and in the provisions of the applicable regulations, in particular, the provisions of the European Data Protection Regulation 679/2016 , of April 27, Organic Law 3/2018, of December 5, on Personal Data Protection and Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
(2) Menkes undertakes to attend to Users in their requests, doubts or claims, following the procedures for contacting or submitting requests or claims established in all of our legal policies.
(3) Menkes works so that the website and the services offered through the platform work correctly and safely.
(4) Menkes undertakes that, in the event of receipt by Users of a defective product, it will proceed to repair, replace, lower the price or terminate the contract on it; Procedures that will be free for the buyer User.
The carrier will take care of the collection of the defective product, for which it is essential that a copy of the sales invoice be accompanied. Once the conditions for the replacement of the same have been verified, a new one will be sent to the affected User without undue delay.
14.3.2. Menkes Rights
(1) Menkes, at its own discretion, may terminate access to the website, immediately, and without the need for prior communication, to the User who does not behave properly under these Contract Conditions and Use.
(2) From Menkes we previously validate the comments before making them public, reserving the right not to publish any comment with inappropriate or prohibited content according to the provisions of these contracting conditions. To comment it is necessary to be registered on the platform.
15. APPLICABLE LANGUAGE
In the event of disagreement between the text of these conditions and any translation thereof, the Spanish version will prevail in any case. In the event of divergences between the Spanish version of the general conditions and their eventual translations, the Spanish version will prevail.
16. MODIFICATION OF CONDITIONS
Menkes reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website, as well as the General Contract Conditions.
As a User, you will always have these Conditions in a visible place, freely accessible for any queries you want to make. In this sense, you must read them carefully each time you access the website. In any case, the acceptance of these conditions will be a previous and indispensable step to the contracting of any service available through the website.
17. APPLICABLE JURISDICTION
In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided by the applicable legal regulations and, where appropriate, those of the city of Barcelona, renouncing any other jurisdiction that may correspond to them.
18. EXTRAJUDICIAL SETTLEMENT OF DISPUTES
In compliance with the provisions of Regulation 524/2013, of the European Parliament and of the Council, of May 21, 2013, as of February 15, 2016, the User has at his disposal the possibility of raising any litigation or out-of-court claim of the same, which you consider generated by virtue of our platform or the services provided online, through the alternative mechanism for consumers and merchants that you will find in the following link: http://ec.europa.eu/consumers/odr/
Through it, you will be able to access alternative dispute resolution entities with established quality procedures for this.
This multilingual platform, which is planned to be accessible to everyone, will work as follows: 1. You must complete an online claim form and send it from the platform itself; 2. The claim will reach the owner of the platform who will propose in the specific case, an alternative resolution entity for that conflict; 3. Once the mediation entity has been agreed, the mediator entity will receive the request and will deal with the case electronically, proposing a solution within 90 days.