SUBJECT-MATTER AND GENERAL INFORMATION
The Company provides you with information about its products and the chance to buy them on its shop.victoriadetalhora.com Website. Due to the content and purpose of this Website, if you want to use the Website´s services you need to register as a customer, which you can do by filling out our registration form. The Company will then send you an email with the steps you should follow to complete your registration. By becoming a customer, you are agreeing to the Conditions of Use that were in force when you visited the site.
This Website also contains pages which can be accessed by legal entities or individuals who have not registered as customers or bought any products (hereinafter “Users”). In this regard Users who browse the Website agree to abide by the terms and conditions set out in these General Conditions, in so far as they are applicable to them.
CONTACT: If you would like further information, or have a query or suggestion, please write to us at email@example.com.
CONDITIONS OF USE
In order to complete the purchasing process, you will be asked to click on the Payment button to confirm your order. After you have confirmed your order, it will be sent to the Company to be processed. By confirming your order, you are agreeing to all the Terms and Conditions of Sale. You will be sent an order confirmation form by email which contains a summary of your purchase.
The data registered by the shop.victoriadetalhora.com Website shall serve as proof of the transactions between the Company and its customers.
In the event of a dispute between the Company and one of its customers about a transaction that was carried out on the Website, the data registered by the Company shall be considered to be irrefutable proof of the transaction in question. The risks (specifically loss, theft and damage) relating to the products to be delivered are passed on to the purchaser on the date of delivery.
The photos that appear on the Website are approximate representations of the actual products. The Company is not responsible for any differences or inaccuracies that may exist between the photos or graphic representations of the products displayed on the website, and the actual products, which may be caused by the technical limitations of your computer. Furthermore, the company does not accept any responsibility for inaccurate clothing measurements, since our garments are made by hand with natural fibres, which means that there may be slight variations between the actual garment size and the measurements.
If you have a query about any of our products, please do not hesitate to email the Company.
All the product prices on the Website include VAT, and any other applicable taxes. However, the prices do not include the shipping fees, which are listed separately and have to be accepted by the customer.
Customers are hereby informed that the number of available items is continuously updated to match the stock available in the warehouse. At no time will the Company deliberately offer more items for sale than those that are actually in stock.
The Company will do its utmost to meet the demand for products of all its customers. However, on occasions, and due to causes which are beyond the control of the Company, such as human error or computer problems, deliveries may sometimes be delayed.
If, after you have placed an order, it turns out that a product is not available, you will be sent an email informing you that all or part of the order has been cancelled. The partial cancellation of an order due to product unavailability does not entitle you to cancel the entire order. If, as a result of this cancellation, you decide to return an order after it has been delivered, you should follow the procedure set out in the Returns section.
Customers undertake to pay when placing their order. The product prices on the Website do not include the shipping fees, and you will therefore be informed about the cost of these fees before you complete your purchase.
You can view and download the receipt for your purchase at shop.victoriadetalhora.com by visiting the Orders section in My Account.
Customers should pay the purchase price by credit or debit card (Visa, MasterCard, Visa Electron and/or similar cards), bank transfer, or by paying the money into the Company’s account at a BBVA branch.
Customers should inform the Company of any incorrect or fraudulent charges made on the card they used to make the purchase by email as quickly as possible, so that the Company can take the appropriate action.
The Company has the most rigorous security measures that are commercially available in the sector. In addition, the payment process uses a secure server with the SSL protocol (Secure Socket Layer). The secure server establishes a connection where information is transmitted using a 128-bit encryption system, which guarantees that the information can only be understood by your computer and the Website. Using the SSL protocol ensures that:
- Customers send their data to the Company´s central server, and not to another server that is pretending to be the real server.
- The information transmitted between customers and the Company´s central server is encrypted, which prevents it from being read or manipulated by third parties.
You can cancel your order as long as it has not yet been shipped. To cancel an order you should send an email to this effect to firstname.lastname@example.org
DELIVERY TIMES, LOCATIONS, AND MISSING PACKAGES
I. Product deliveries
The Company undertakes to deliver the items you have bought to the address specified by you in the order form in perfect condition. In order to make deliveries as efficient as possible, we would be grateful if you give an address where deliveries can be made during normal working hours.
The Company is not responsible for delivery errors if the address given by a customer in the order form is incorrect or incomplete.
We further inform you that a single order may be sent in several deliveries.
II. Delivery times
We use a courier service to deliver orders. Your order will be delivered within a maximum of 10 working days, starting from when we send you the order confirmation, although average delivery times range from 3-6 days, starting from when the order is completed.
These are estimated times, and therefore they may vary due to logistical reasons or force majeure. If your order is delayed, the Company will notify you as soon as it becomes aware of the delay.
Orders will be considered to be delivered when the courier hands over the package to the customer. Completed deliveries are registered by the control system used by the courier company.
If there is a delay in the delivery of your order for reasons attributable to the Company, you can cancel the order. To do this you should follow the procedure set out in Section 11: Returns. If an order has been made available to the customer within the stipulated delivery time but was not handed over for reasons attributable to the customer, this will not be considered to be a delay in the delivery.
After an order has left our warehouses you will be sent an email notifying you that your order has been accepted, and has been sent for delivery.
For security reasons the Company will not send orders to a post-office box or military base, nor will it accept an order if it is not possible to identify the addressee or the address to which the order should be sent.
III. Undelivered and missing packages
If you are not at home to accept delivery, the courier will leave you a notice with instructions on how to arrange a new delivery time. The courier delivery service contracted by the Company has an order tracking service to guarantee the delivery of orders.
If you have not been given a delivery time 7 business days after the order has been sent for delivery, you should contact the Company. If you do not, the order will be returned to our warehouses 10 business days after the order was sent for delivery, and you will have to pay the shipping fees, the cost of returning the item to the warehouse, and any associated handling charges.
If an order has not been delivered because it has been lost, the courier will initiate a search to locate the missing item. In these cases orders are usually delivered from between one to three weeks.
IV. Package verification
When you receive the package you should check whether it has been delivered in good condition in the presence of the courier who has delivered the product to you on behalf of the Company. If there are any anomalies in the packaging you should note them in the delivery note. If you subsequently notice any damage, broken parts, signs that the product has been opened, or any other defect caused by shipping, you should notify the Company by email within a maximum period of 24 hours, starting from when you received the product. If you fail to notify the Company of any such damage within this time period, the Company will not accept any responsibility for the damage (only for pieces under guarantee).
I. Returns procedure
You can return any item that you have bought from the Company and be refunded the price, provided that you notify the Company that you want to return the item/s within a maximum period of 14 working days, starting from when the item/s was/were delivered. The following conditions in this section must also be complied with.
The Company will only accept returned products if the following conditions are complied with:
- The product should be in the same condition as when it was delivered, and should have the original packaging and labelling.
- You should return the product in the box in which it was sent in order to protect the product. If it is not possible to use the same box, you should return the product in another box to protect it and ensure that the product is returned to the Company´s warehouses in as good condition as possible.
- You should include a copy of the delivery note in the package, giving a list the returned products and the reason why you are returning them.
The Company has established a returns procedure in order to make it easier for customers to return items, and to be able to track them more effectively. If you are returning an item for a reason that is attributable to the Company (the product is defective, it is not what you ordered etc.) you will be refunded the return costs. If you are returning the product for another reason (the items are correct but you do not like them) you will have to pay the return costs.
You should follow the steps below in order to return an item:
- Notify the Company that you want to return the product within a maximum period of 7 calendar days, starting from when it was delivered. You can do this by sending an email to email@example.com, or by filling out the customer assistance form.
- The Company will send you the address to which you should return the product.
- Send the product using the courier service of your choice. You will have to pay the courier fees.
- Tell the Company the date and time when you returned the product, and the courier service you used.
II. CUSTOMER refunds
If you return a product you will be refunded the price of the product, but not the return costs.
You will only be refunded the return costs, if the product delivered was defective or incorrect.
If you cancel or return part of an order you will receive a partial refund. The Company will process the refund payment using the same system that it used for the payment within a period of 3 days, starting from when it receives confirmation that the returned product is in the warehouse. The time taken for the refund to clear into your account or card will depend on the card and the issuing bank. Refunds to debit and credit cards can take a maximum of 7 days and 30 days respectively.
The Company acts as the manufacturer, and guarantees that the products on sale at shop.victoriadetalhora.com do not have any flaws or latent defects.
This warranty does not cover defects or damage caused by external factors, accidents, wear and tear or any use of the product that does not comply with the manufacturer´s instructions.
Products that have been modified or damaged through misuse are excluded from this warranty.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The Company has all the rights to the content, design and source code of this Website and, in particular, including but not limited to, the rights to the photos, images, texts, logos, designs, trademarks, commercial names and data that is included in the Website.
Customers and Users are hereby advised that these rights are protected by the international and Spanish industrial and intellectual property legislation in force.
Furthermore, and notwithstanding the above, the Website content is also considered to be a computer programme, and is therefore protected by the applicable Spanish and European Union regulations.
The total or partial reproduction of this Website, or any of its contents, is strictly forbidden unless the Company has given its express written permission.
Any copying, reproduction, adaptation, modification, distribution, marketing, public communication and/or any other action which breaches Spanish and/or international intellectual and industrial property regulations, or any use of the contents of the Website is strictly forbidden, unless the Company has given its express written permission.
The Company hereby informs you that in no way and at no time does it transfer or assign any of its intellectual and/or industrial property rights, or any other related right or title which is directly or indirectly connected to the content of this Website.
The contents of the Website may only be used for informational or service purposes, and the source should be cited. Users are solely responsible for any misuse of the content.
WEBSITE ACCESS AND BROWSING. OUR CONTENT
Customers and Users are wholly responsible for their behaviour after accessing the site, when accessing the information on the Website, and while they are browsing the site.
Consequently, customers and Users are solely liable to the Company and third parties for:
- Any consequences that may arise as a result of their using any of the contents on the Website for illicit purposes, or in a way that is contrary to these Terms and Conditions, irrespective of whether such content was produced by the Company or officially published in its name.
2. Any consequences that may arise as a result of their using any of the content in a way that is contrary to these Terms and Conditions, detrimental to the interests or rights of third parties, or that may damage, disable, or impair the Website or its services, or prevent its normal use by other Users in any way.
The Company reserves the right to update, delete, or restrict access to the Website content either temporarily or permanently, whenever it considers it appropriate, and to deny Website access to any customers or Users who misuse the content and/or do not comply with these Terms and Conditions.
The Company does not guarantee that:
- The access to the Website and/or the linked websites will be uninterrupted and error-free.
- The content or software that customers and Users access through the Website or the linked websites do not contain any errors, computer viruses, or any other elements that may cause changes to your computer system or the electronic documents and files that are stored on your computer, or cause any other type of damage.
- The Company accepts no responsibility for the way in which customers or Users use the information or content of this Website or linked web sites for their own purposes.
The information contained on this Website is provided solely for informational and guidance purposes, and therefore:
The Company is not responsible for the accuracy of the information on this Website, and consequently does not accept any liability whatsoever for any damage or inconvenience caused to Users as a result of inaccuracies on this Website.
The Company accepts no liability whatsoever including, but not limited to, any liability deriving from:
- Any forbidden or permitted use by customers or Users of the materials on this Website, or linked websites, that breaches the intellectual and /or industrial property rights of the contents of this Website or third party websites.
- Any damages caused to customers or Users by the normal or abnormal functioning of the search tools, the layout or location of the contents, and/or the access to the Website and, in general, any errors or problems caused by the development or implementation of the technical elements which are made available to Users by this Website or a programme.
- The contents of the webpages which customers and Users may access via authorised or unauthorised links included on this Website.
- The actions or omissions of third parties, irrespective of whether these third parties have contractual ties with the Company.
- The access by minors to the Website contents. Parents or guardians are responsible for supervising the activities of their children or the minors in their care, and for installing parental control software to prevent (i) the access to materials or content unsuitable for minors, and (ii) the sending of personal information without the prior consent of the parents or guardians.
- Communications or conversations in online discussions, forums, chats and communities which are organised through or on the Website and/or linked websites. Consequently, the Company will not be liable for any damages caused to individual or collective customers or Users as a result of such communications and/or conversations.
Under no circumstances shall the Company be liable in the event of:
- Errors or delays in in a user´s access to the Website when they enter their personal information in the order form, purchase order confirmations being sent late or not being sent at all, or any other anomaly that may occur when these incidents are due to problems with the Internet, acts of God or force majeure, or any other unforeseen contingency that is beyond the control of the Company acting in good faith.
- Communication failures or incidents, deletions, or incomplete transmissions which mean that the Website services may not be operational at all times.
- Errors or damage to the Website caused by customers using the services incorrectly or in bad faith.
- An email address provided by a customer for the confirmation of an order is not operative or is experiencing problems.
- However, the Company undertakes to resolve any problems that may occur, and to provide customers with all the support they need to solve incidents quickly and effectively.
- Furthermore, the Company has the right, during set time periods, to undertake promotional campaigns to encourage people to sign up for its services. The Company reserves the right to change the promotion conditions, extend them provided that it duly notifies Users, and to exclude anyone who has benefited from a promotion if it discovers that they have behaved unethically, unfairly or illegally.
Customers and Users undertake to browse this Website and use the content in good faith.
If any clause of these Conditions of Use is held to be invalid, the remaining conditions shall remain in full force and will be interpreted bearing in mind the Parties´ intent and purpose of the Conditions of Use.
The Company may choose not to exercise a right or power that it is entitled to under these Terms and Conditions. However, at no time shall this imply that the Company is not entitled to exercise such right or power, unless it has been expressly waived by the Company or has lapsed.
GOVERNING LAW AND ARBITRATION
These Conditions of Use are regulated by the applicable Spanish legislation. To resolve any dispute that may arise in relation to these Conditions of Use, the Parties submit to the jurisdiction of the Courts of the city of Benidorm (Alicante) Spain unless, by law, the case should be moved to another jurisdiction.