This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (www.the-are.com) and the purchase of products on it (hereinafter, the " Terms").
If you have any questions related to the Conditions or the Data Protection Policies, you can contact us through our email firstname.lastname@example.org.
The purpose of the website is to offer and advertise the sale of all kinds of fashion.
The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.
As a user or client, you expressly declare to know, understand and accept the conditions of use and these general contracting conditions. In the same way, you declare to be of legal age and have the legal capacity and to act necessary for accessing the website www.the-are.com and contracting through it.
The General Contracting conditions regulate the distance selling relationship between THE-ARE and the user or client, in accordance with the legal stipulations, especially Law 7/1998, of April 13, on General Contracting Conditions, the Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of consumers and Users, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.
USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
Make use of this website only to make legally valid inquiries or orders.
Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on "Complete the order". Next, you will receive a confirmation email, acknowledging receipt of your order (the "Order Confirmation"). Likewise, we will inform you by email when your order is being shipped to you (the "Shipping Confirmation"). An electronic ticket with the details of your order will also be attached to the Shipment Confirmation (the "electronic ticket").
All orders are subject to the availability of the products. If there are difficulties in terms of the supply of products or if there are no items in stock, we will contact you and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. .
TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.
This website shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Likewise, this website offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, on the phone or at the aforementioned email address, to correct the error. .
SHIPPING AND DELIVERY
Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product / s listed in each Shipment Confirmation within the period indicated on the website in the Guide menu. purchase (Shipping) according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
Regarding the virtual gift card, we will send it to your email in a maximum of 24 hours. Being as a general rule in less than 1h.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Bear in mind, in any case, that we do not deliver home on Saturdays or Sundays.
For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquire material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.
The virtual gift card will be understood to be delivered in accordance with the provisions of the Conditions of Use of the Gift Card and, in any case, on the date it is sent to the email address indicated by you.
IMPOSSIBILITY OF DELIVERY
If delivery is impossible for us, the courier will try to reach you by phone. If it does not succeed, it will leave a notification in a visible place (front door, mailbox, etc.) where a contact telephone number will appear for you to request a new delivery. The second delivery will be made on the date agreed by phone. In the event that delivery cannot be made during this second attempt, the package will be deposited with the agency until a new delivery date is agreed.
In the event that 15 days have elapsed since your order is available for delivery, and the order has not been delivered for reasons not attributable to us, the courier service will return the package to us. As a result of the re-dispatch of the package, the customer will have to pay again the amount of the shipping costs so that we can send the package back to their address.
This clause does not apply to the virtual gift card, the delivery of which will be governed by the provisions of the Conditions of Use of the Gift Card and by the provisions of clause 8 above.
TRANSFER OF RISK AND OWNERSHIP
The risks of the products will be your responsibility from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery (as defined in clause 8 above), if this took place at a later time.
PRICE AND PAYMENT
The prices on the website include VAT (when this tax is applicable), but exclude shipping costs, which will be added to the total amount due as set out in our Buying - Shipping Guide.
Prices may change at any time, but possible changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, they will have been added to your basket 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 that is requested in each step. Likewise, during the purchase process, before making the payment, you can modify the details of your order. A detailed description of the purchase process is available in the Buying Guide. In addition, if you are a registered user, you have a detail of all the orders made in the My Account section.
You can use Visa, Mastercard, American Express and Affinity Card and PayPal as a means of payment. Likewise, you can pay all or part of the price of your purchase with a gift card. Additionally, you can pay the price of your order by cash on delivery in exceptional cases, for this you must contact us for this type of payment.
To minimize the risk of unauthorized access, your credit card details will be encrypted.
By clicking on "Complete the order" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
Credit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.
BUY AS A GUEST
This website also allows the purchase through the guest purchase functionality. In this type of purchase, you will only be asked for the essential data to be able to process your order. Once the purchase process is completed, you will be offered the possibility of registering as a user or continuing as an unregistered user.
VALUE ADDED TAX AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations. in each of these territories.
You expressly authorize us to issue the invoice electronically. However, you can indicate to us at any time your willingness to receive a paper invoice, in which case, we will issue and send the invoice in that format. But if you cannot collect it personally and we have to send it to you, you will have to bear the costs of the carrier.
14.1 Legal right to cancel the purchase
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in case the goods that make up your order are delivered separately, to the 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods. To exercise the right of withdrawal, you must notify THE-ARE, at the address: C / Gracador Esteve 9, 46004 Valencia, Spain, at 684 251 093 (Monday to Saturday from 11:00 to 14:00 and from 5:00 p.m. to 8:30 p.m.), by writing to us at email@example.com your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email). You can use the model withdrawal form that appears as an Annex to these Conditions, although its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
Consequences of withdrawal:
In case of withdrawal on your part, we will refund all payments received from you, excluding shipping costs without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first. Being clear that the time elapsed between the request for the change or return and the garments are received in our warehouses cannot exceed 14 calendar days.
You must return or deliver the products directly to us at any of THE-ARE stores in Spain or deliver the products to us by postal return THE-ARE, C / Gracador Esteve 9 bajo Izquierdo, 46009 Valencia, Spain, without any undue delay and, at any case, no later than 14 calendar days from the date the order is received. The term will be considered fulfilled if you return the goods before said term has expired.
Unless you return the goods in a THE-ARE store in Spain or by post, you must bear the direct cost of returning the goods. In that case, you must send, along with the products, a printed copy of the electronic receipt that you will have received attached to the Shipping Confirmation so that we can know what order it is.
14.2 Contractual right of withdrawal.
In addition to the legally recognized right of withdrawal for consumers and users and mentioned in clause 14.1 above, we grant you a period of 14 days counting from the date of delivery of the products to make changes or returns of the products (except those mentioned in clause 14.3 below, with respect to which the right of withdrawal is excluded). Within these 14 days we have to receive the items in our stores or warehouses. The return of the gift card is governed by the Conditions of Use of the Gift Card.
In the event that you exchange or return the products within the contractual term of the right of withdrawal, but after the legal term has elapsed, you will only be reimbursed the price paid for such products. You will be responsible for the direct costs of returning the product when you do not make the return in one of the THE-ARE stores in Spain or by post. In this case, remember that you must send, along with the products, a printed copy of the electronic receipt that you will have received together with the Shipment Confirmation so that we can identify the package.
You may exercise your right of withdrawal in accordance with the provisions of clause 14.1 above, although if you notify us of your intention to withdraw from the contract after the legal withdrawal period has elapsed, you must in any case deliver the goods to us within the period of 14 calendar days. counted from the date of delivery of the products.
14.3 Common provisions
You will not have the right to withdraw from the contract whose object is the supply of any of the following products:
* Personalized items.
* Jewelry and accessories.
* Goods sealed for hygiene reasons that have been unsealed after delivery.
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the / the product / s while they are in your possession. Please return the item using or including all its original packaging, instructions and other accompanying documents. You can make returns at our THE-ARE store in Valencia or by post.
Returns at the THE-ARE store in Valencia:
You can return the products to us in our THE-ARE store in Valencia. In this case, you must go and deliver together with the article the electronic ticket that you will have received attached to the Shipping Confirmation, which is also kept in your account on the website. You can present the electronic ticket by showing it digitally through the screen of your mobile device or by taking it in print to the store.
You can deliver the products by postal return. You have the option of hiring a collection service at your address, choosing the day and time slot at a cost of € 5.95. You must leave the item in the same package in which you received it and follow the instructions in the "Exchanges and Returns" section in the menu below the website or in the email itself. If you have made a purchase as a guest, you can request to return the products by contacting us through any of our Customer Service channels. The courier company will try to collect your return a maximum of 2 times in the time slot you specify, if the second time you are not at the specified address, you must send the package on your own.
In the event that you do not wish to contract the returns service and send it on your own, remember that you must send, along with the products, a printed copy of the electronic receipt that you will have received attached to the Shipping Confirmation so that we can identify the order. Please bear in mind that if you decide to return the items to us, postage due, we will be authorized to charge you for the expenses that we may incur or not accept the receipt of the package.
After examining the article, we will inform you if you are entitled to a refund of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within a period of 14 days from the date on which you received the products. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first. The refund will always be made in the same means of payment that you used to pay for the purchase, except when a gift receipt is presented for the return. In the latter case, the refund will be made by means of a credit card or ticket.
You will bear the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our email firstname.lastname@example.org or by calling 684 251 093 (Monday to Saturday from 11:00 to 14:00 and from 17:00 to 20 : 30).
Returns of orders with the option 'Collection in Store' in Valencia, if after 5 days since your order is available for collection (you will have received the email "Confirmation of arrival order at store"), the order has not been collected For reasons not attributable to us, the withdrawal period of 14 calendar days will begin to count for exchange or return. In case of withdrawal on your part, with the return of the package in the store, we will refund all the payments received from you and we will proceed to make said refund using the same means of payment used for the initial transaction.
14.4 Returns of defective products
In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you should contact us immediately through our email email@example.com providing the data of the product as well as the damage it suffers, or by calling the number 684 251 093 (from Monday to Saturday from 11:00 a.m. to 2:00 p.m. and from 5:00 p.m. to 8:30 p.m.) where we will indicate how to proceed. The product can be returned to our store in Valencia in Spain, by post or by sending it to the address indicated above. We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the refund or replacement of the product is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amounts paid for those products that are returned due to any defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase, except when a gift receipt is presented for the return. In the latter case, the refund will be made by means of a THE-ARE credit card or ticket. In any case, the rights recognized by current legislation remain safe.
LIABILITY AND DISCLAIMER OF LIABILITY
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product. However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
* loss of income or sales;
* loss of business;
* Loss of profits or loss of contracts;
* loss of anticipated savings;
* data loss; Y
* loss of management time or office hours.
Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this web page unless it is established expressly otherwise in it.
If you contract as a consumer and user, we offer you guarantees on the products that we commercialize through this website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily destined of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected.
In this sense, if any of the products does not comply with the contract, you must inform us by following the procedure detailed in section 14.4 above and through any of the means of communication provided for this purpose.
The products we sell, especially handicrafts, can often have the characteristics of the natural materials used to make them. These characteristics, such as variations in grain, texture, knots and color, will not be considered as defects or defects. On the opposite, it will count with your presence and appreciate it. We only select the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights over the materials or content that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may make use of such material only in the way that we or those who have granted us a license for its use expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not try to have unauthorized access to this website, to the server where said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically damaging or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.
LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
Applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send us should preferably be sent through our email firstname.lastname@example.org. In accordance with the provisions of clause 22 above and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the same moment in which they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, assignees and assignees. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted.
EVENTS BEYOND OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Force Majeure"). The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of said contract or of the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations. No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.
If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
These Conditions and any document expressly referred to in them constitute the entire agreement existing between you and us in relation to their purpose and replace any other prior pact, agreement or promise agreed between you and us verbally or written. You and 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 entered into by the two before it, except for what is expressly mentioned. in these Conditions. Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such an uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of the substantial changes made to them. These will not be retroactive and, except for possible exceptions depending on the specific case, will be applicable after 30 days from the date of their publication in the corresponding notice.
If you do not agree with the modifications made, we recommend that you do not use our website.
APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law. Any controversy that arises or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions, as well as any questions, complaints or claims through our email email@example.com, the telephone number or the postal or email address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them by calling 684 251 093 (Monday to Saturday from 11:00 to 14:00 and from 17:00 to 20:30) or through our email firstname.lastname@example.org. Your complaints and claims to our customer service will be dealt with in the shortest possible time and, in any case, within a maximum period of one month.
If you as a consumer consider that your rights have been violated, you can direct your complaints to us through the email address email@example.com in order to request an out-of-court dispute resolution.
In this sense, if the acquisition between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us. in terms of consumption accessible through the Internet address https://ec.europa.eu/consumers/odr/.
Withdrawal form model
(You only have to fill in and send this form if you want to withdraw from the contract)
For the attention of THE-ARE, Calle La Safor 5, 46940 Manises Valencia, Spain. Email: firstname.lastname@example.org
I hereby inform you that I am withdrawing from my contract for the sale of the following good:
Ordered on / received on (*)
Consumer signature (only if this form is submitted on paper)
(*) Delete as appropriate