Terms and conditions of use

1 - INTRODUCTION

This document (together with the documents referred to herein) sets out the terms and conditions governing your use of this website and your purchase of products from this website ("Terms"). Please read the Terms carefully before using this website. By using this website or placing an order through this website, you agree to be bound by these Terms and if you do not agree to all of the Terms, you must not use this website. These Terms may change from time to time. It is your responsibility to read them periodically, as the terms in effect at the time you use the Website or enter into the Agreement (as defined below) will be the terms applicable to you.

2 - OUR DETAILS

This website is operated under the name BOLSOS BOLUFER, C.B., Spanish brand with registered office in Avda. Marina Alta, 135, 03740 Gata de Gorgos, Alicante, Spain and CIF E53241196.

3 - 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 Privacy Policy. By using this website you consent to the processing of such information and data and declare that all information or data you provide us with are true and correspond to reality.

4 - USE OF OUR WEBSITE

By using this website and/or placing orders through it you agree to:

1.- To make use of this website only to make legally valid enquiries or orders.

2.- Not to place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, we will be authorised to cancel it and inform the relevant authorities.

3.- To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Statement).

4.- If you do not provide us with all the information we require, we will not be able to process your order.

5.- 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.

5 - CONCLUSION OF THE CONTRACT

The information contained in these Conditions and the details contained in this website do not constitute an offer to sell, but an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been debited, you will be refunded in full. To place an order, you must follow the online ordering procedure and confirm payment. You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes an offer by you to us to purchase one or more products. All orders are subject to acceptance by us, of which you will be informed via an email from us confirming that the product is being shipped to you (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formed when we send you the Dispatch Confirmation. Only those products listed in the Dispatch Confirmation will be the subject of the Contract. We shall not be obliged to supply you with any products that may have been ordered until we confirm the dispatch of the product to you in a Dispatch Confirmation.

6 - PRODUCT AVAILABILITY

All product orders are subject to product availability. In this regard, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value which you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.

7 - REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content of this website. Although we will do our best to always process all orders, there may be exceptional circumstances which require us to refuse to process an order after we have sent the Order Confirmation and we reserve the right to do so at any time, at our sole discretion. We shall not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to process an order after we have sent you an Order Confirmation.

8 - DELIVERY

Without prejudice to Clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will endeavour to dispatch the order consisting of the product(s) listed in each Dispatch Confirmation within the delivery period specified or, if no delivery date is specified, within 15 days from the date of the Dispatch Confirmation. However, delays may occur for any of the following reasons: Periods of sales and special discounts (e.g. Black Friday) Product customisation. Specialised items. Unforeseen circumstances. Delivery zone. 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 to cancel the order with a full refund of the price paid. Please note that we do not deliver on Saturdays or Sundays. For the purposes of these Conditions, "delivery" shall be deemed to have taken place at the agreed delivery address and on the date agreed with the carrier, communicated via SMS and/or e-mail. Pre-sale: The estimated delivery time for items identified as "Pre-sale" is approximately 1 month from the date of purchase. However, the specific estimated delivery time for each pre-sale item will be detailed in the item's description. We are not responsible for delivery times that are different. The customer may withdraw from the purchase at any time, proceeding to the cancellation of the order and the refund of the amount of the undelivered item. The items offered as "Pre-sale" are products that are not in stock at the time of purchase. Therefore, the order will be sent once the article is available to us. In the event of purchasing a regular item and a pre-sale item in the same order, both items will be shipped together when the pre-sale item is available.

9 - IMPOSSIBILITY OF DELIVERY

For home deliveries: if, after two attempts, we are unable to deliver your order, we will let you know where your order is and how to pick it up. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day or directly with the carrier. You will have a maximum period of 15 days from the date of Confirmation of Dispatch to arrange delivery of your order to the address indicated at the time of purchase. If after this period, you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it terminated. As a consequence of the termination of the Contract, we will refund the price paid for such products minus the relevant shipping and handling costs as soon as possible and, in any event, no later than 30 days from the date on which, in accordance with the provisions of this Clause, we consider the Contract to be terminated.

10 - TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

The risks of the products shall be borne by you from the time of their delivery. You will acquire ownership of the products when we receive full payment of all sums due in respect of the products, including delivery charges, or at the time of delivery (as defined in clause 9 above), if this takes place at a later time.

11 - PRICE AND PAYMENT

The price of each product will be the one stipulated at any given time on our website, except in case of obvious error. Although we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and you will be fully reimbursed for any amounts paid. We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you a Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price. The prices on this website include VAT, but exclude delivery charges, which will be added to the total amount due as set out in our Shipping guide. Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step will be to process the order and make the payment. You will be able to pay with Visa, Mastercard, PayPal or bank transfer. By authorizing the payment 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 the credit card issuer, but if the credit card issuer does not authorize payment, we will not be liable for any delay or non-delivery and will not be able to enter into any Contract with you.

12 - RETURN/EXCHANGE POLICY

12.1 - LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE

In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract (except when the object of the Contract is any of the products for which the right of withdrawal is excluded in Clause 12.2) at any time within 10 working days from the date of delivery of your order. In this case, you will be refunded the price paid for such products. You will be responsible for the direct costs of returning the product when you do not return the product by any of the free methods mentioned in this Agreement. You may prove the exercise of the right of withdrawal in any manner permitted by law, being considered in any case validly exercised that right by returning the products. This provision does not affect other rights recognized to the consumer by the legislation in force.

12.2 - CONTRACTUAL RIGHT OF WITHDRAWAL

In addition to the right of withdrawal legally recognized to consumers and users and mentioned in Clause 12.1 above, we grant you a period of 10 days from the date of purchase of your order to return the products (except for those mentioned in Clause 12.3 below, for which the right of withdrawal is excluded).  In case of return, you will be reimbursed the price paid for the returned products. You shall bear the direct costs of returning the product. You must exercise your right of withdrawal by returning the products. Exchanges and returns of custom-made items or items purchased at a discount are not accepted.

12.3 - COMMON PROVISIONS

Your right to withdraw from the Contract shall apply exclusively to those products that are returned in the same condition in which you received them, labeled and in perfect condition. Please return the item using or including its original packaging. You must also include all instructions, documents and product packaging. No refund will be made if the product has been used beyond the mere opening of the product or if it has been damaged in any way, so please be careful with the products while in your possession. The item must be in its original labeling and must be in the same condition. 

All returns made from the national territory must be picked up by our transport agency. Returns managed directly by the customer will not be accepted. Returns with home pick up, have a cost of 9 euros per package, with a maximum of 2 items. An additional 1 euro will be charged for each extra item included in the package (national peninsular territory). The cost for returns from the Balearic Islands is 15 euros per package, with a maximum of 2 items. An additional 1 euro will be charged for each extra item included in the package. If the courier who delivers the package requests any payment, this will be deducted from the amount of the return of the order. Returns can be made using any of the following methods:

Returns via courier: You must fill in the returns web form. And pack the items to be returned in a box in good condition and well closed. The courier will come to pick up the package at the indicated address. Since we cannot ensure the carrier's time slot, it is important that you request pickup at a location where the package can be delivered throughout the day. After examining the item we will let you know if you are entitled to a refund. The return will be made as soon as possible and, in any case, within 30 days from the date of receipt of the item(s) in our workshop. The refund will always be made by the same means of payment that you used to pay for the purchase. You will receive the amount by the same payment method used in your purchase in a maximum estimated time of 15 days from the confirmation of the acceptance of the return, depending on your bank. If you have any questions, you can contact us at info@pieldemar.es or by calling 654470644.

12.4 - INTERNATIONAL RETURNS

If you wish to return a product that has been delivered outside Spain, you must send it at your own expense. If the courier who delivers the package requests any payment, this will be deducted from the amount of the return of the order.

12.5 - RETURNS OF DEFECTIVE PRODUCTS

In cases where you consider that at the time of delivery the product does not conform to the stipulated in the Contract, you should contact us immediately at info@pieldemar.es indicating the details of the product and the damage it suffers, or by calling the number 654470644 where we will tell you how to proceed. The product can be returned by delivering it to your home address to a courier that we will send. We will proceed to carefully examine the returned product and we will inform you by e-mail, within a reasonable period of time, if the return or replacement of the product (if applicable) is necessary. The return or replacement of the item will be made as soon as possible and, in any case, within 30 days from the date on which we send you an e-mail confirming the return or replacement of the non-conforming item. The amounts paid for those products that are returned because of any tare or defect, when it actually exists, will be refunded in full, including delivery costs incurred to deliver the item. Differences in size, shape or color of the natural fibers, as well as small irregularities in the leather, are not considered defects or flaws, as they are intrinsic to the nature of the product. The return will be made in the same payment method used to pay for the purchase. The rights recognized by the legislation in force remain unaffected.

13 - LIABILITY AND DISCLAIMER OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product. Notwithstanding the foregoing, our liability is not excluded or limited in the following cases: In the event of death or personal injury caused by our negligence. In case of fraud or fraudulent misrepresentation. In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability. Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, we will not accept any liability for the following losses, howsoever arising: 1.- Loss of income or sales. Loss of business. 3.- Loss of profits or loss of contracts. 4.- Loss of anticipated savings. Loss of data. 6.- Loss of management time or office hours. Due to the open nature of this website 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 website unless otherwise expressly stated herein. All product descriptions, information and materials contained in this website are provided as a body of certainty and without express or implied warranties about them. To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded to consumers and users. The provisions of this clause shall not affect your statutory rights as a consumer and user, nor your right to withdraw from the Contract.

14 - INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark, article design models and other intellectual property rights in the materials or content provided as part of the website belong at all times to us or to those who have licensed their use to us. You may use such material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to copy information about your order data or Contact details.

15 - VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You shall not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or damaging programs or material. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or 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 offenses punishable by the applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorized to use this website. We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.

16 - LINKS FROM OUR WEBSITE

Where our website contains links to other websites and materials from third parties, such links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability for any loss or damage arising from your use of them.

17 - WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send you must be in writing. By using this website, you agree that most of such communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.

18 - VERBAL COMMUNICATIONS (by telephone or in person)

It may be the case that the information or communications that we provide you are given verbally (by telephone or in person). As a general rule, this information will always be backed up and will be related to the information provided on this web page and in these Conditions, and we will try to leave a written record of the verbal communications whenever and wherever possible. In the event that a purported exchange is not transcribed, it shall be deemed to be human error and shall not give rise to future claims or damages to the extent legally permissible. This condition shall not affect your statutory rights.

19 - NOTICES

Notices from you to us should be sent by email to info@pieldemar.es or by calling us at 654470644. In accordance with the provisions of the above clauses and unless otherwise stipulated, we may send communications to you either by e-mail or to the telephone number you provided when placing an order. It will be understood that the notifications have been received and have been correctly made when it can be proved that the e-mail address as well as the telephone number correspond with the data specified by the receiver.

20 - ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and us, as well as our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer a Contract or any of the rights or obligations under it to or for you without our prior written consent. We may convey, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations under a Contract to or for us at any time during the term of the Contract. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect your statutory rights, if any, as a consumer or void, reduce or otherwise limit any express or implied warranties that we may have granted to you.

21 - EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control ("Force Majeure Event"). Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and among others, the following: Strikes, lockouts or other industrial action. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster. Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private. Impossibility of using public or private telecommunications systems. Acts, decrees, legislation, regulations or restrictions of any government or public authority. Strike, failure or accidents of maritime or river transport, postal or any other type of transport. Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for such time as is necessary for us to do so. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract notwithstanding the Force Majeure Event.

22 - WAIVER

The failure by us to require strict performance by you of any of your obligations under a Contract or these Conditions or the failure by us to exercise any rights or remedies to which we may be entitled under such Contract or these Conditions shall not constitute a waiver or limitation of such rights or remedies and shall not relieve you of any such obligations. No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under the Agreement or the Terms. No waiver by us of any of these Terms or any rights or remedies under the Agreement will be effective unless it is expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the Notice section above.

23 - PARTIAL NULLITY

If any of these Conditions or any provision of a Contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

24 - ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between you and us relating to the subject matter of the Contract and supersede any prior covenant, agreement or promise made between you and us orally or in writing. You and we acknowledge that we have consented to enter into the Contract without relying on any representation or promise made by the other party or which could be inferred from any statement or writing in the negotiations between us prior to the Contract, except as expressly referred to in these Conditions. Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.

25 - OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We have the right to revise and modify these Terms at any time. You will be bound by the policies and Terms in effect at the time you use this website or place each order, unless we are required by law or governmental agency decision to make retroactive changes to such policies, Terms or Privacy Statement, in which case any such changes will also affect orders you have previously placed.

26 - APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.

27 - COMMENTS AND SUGGESTIONS

Your comments and suggestions are welcome. Please send us such comments and suggestions through our contact email (info@pieldemar.es).