PURCHASE CONDITIONS
1. CELEBRATION OF THE CONTRACT
The information contained in these Terms and the details contained on this website do not constitute an offer to sell, but rather 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, the amount of the debit will be refunded to you in full. To place an order, you must follow the online purchasing procedure and click on 'Confirm Purchase'. After this, and depending on the payment method chosen, you will be redirected to one payment gateway or another. Once the payment process has been completed, you will 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 it constitutes an offer by you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed by means of an email in which we confirm that the product is being dispatched (the "Dispatch Confirmation"). The contract for the purchase of a product between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. Only those products listed in the Dispatch Confirmation will be subject to the Contract. We will not be obliged to supply you with any other products that may have been ordered until we confirm dispatch of those products to you in a Dispatch Confirmation.
2. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability. In this regard, if there are difficulties in supplying products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you may order. If you do not wish to order such substitute products, we will refund any amounts you may have paid.
3. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or amend any material or content on the website. Although we will endeavour to process all orders, there may be exceptional circumstances which mean that we may have to refuse to process an order after we have sent you an Order Confirmation and we reserve the right to do so at any time at our sole discretion. We will not be liable to you or any third party for withdrawing any product from this website, whether or not that product has been sold, for removing or amending any material or content on the website, or for refusing to process an order once we have sent you an Order Confirmation.
4. SHIPPING COST
Shipping costs are set in the following parameters:
- Spain: Free shipping to the peninsula.
- Canary Islands and Ceuta and Melilla: €29.95 (VAT included).
- European Union: €29.95 (VAT included).
- Rest of Europe: €54.45 (VAT included).
- Rest of Countries:
COUNTRY | PEERS | € | PEERS | € |
USA | 1 | 145 | 2 | 160 |
CANADA | 1 | 145 | 2 | 160 |
CENTRAL AMERICA | 1 | 155 | 2 | 255 |
CARIBBEAN | 1 | 155 | 2 | 255 |
SOUTH AMERICA | 1 | 150 | 2 | 255 |
CHINA | 1 | 130 | 2 | 190 |
HONG KONG | 1 | 130 | 2 | 190 |
ASIA | 1 | 189 | 2 | 255 |
MIDDLE EAST | 1 | 189 | 2 | 255 |
NORTH AFRICA | 1 | 189 | 2 | 255 |
JAPAN | 1 | 179 | 2 | 250 |
OCEANIA | 1 | 179 | 2 | 250 |
REST OF AFRICA | 1 | 245 | 2 | 275 |
REST OF THE WORLD | 1 | 245 | 2 | 275 |
The only shipping method is to your home address. The order will be sent to the address you indicated at the time of purchase. The provider does not guarantee delivery to post office boxes.
5. DELIVERY TIME
Between the placing of the order and the date of delivery by the transport company to the address indicated in the order, the following will elapse:
- – Products in stock: National shipments will be made in approximately 24/48 hours, and international shipments, between 7 and 10 days.
- – Products out of stock: National shipments take between 25-30 days and international shipments take between 30 – 35 days.
The payment method you choose may affect delivery times as it is influenced by verification time.
In the event that you do not receive a package within the stated time frame, an investigation will be carried out with the carrier which may take several days (the approximate time frame is fourteen (14) business days). During this period, no reshipment or refund of the order can be made.
We advise you to check that everything is in accordance with your order and that the packaging is in perfect condition when you receive your package. Then, sign with reservations and indicate by hand on the carrier's delivery note if you found any anomalies upon receipt. When you open your package, if you find that the items delivered do not comply with your order or are damaged, please contact our Customer Service Department.
6. IMPOSSIBILITY OF DELIVERY
If after two attempts we are unable to deliver your order, we will try to find a safe place to leave it. We will also leave you a note indicating where your order is and how to collect it. If you are not going to be at the delivery location at the agreed time, please contact us to arrange delivery on another day. If 30 days have passed since your order was available for delivery and the order has not been delivered for reasons not attributable to us, 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 as soon as possible and, in any case, within a maximum period of 30 days from the date on which we consider the Contract terminated. In these cases, we will be authorised to pass on to you the transport costs arising from the shipment and the termination of the Contract.
7. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
The risk in the products will pass to you from the time of delivery. You will own the products when we receive payment in full of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 10 above), whichever is later.
8. PRICE AND PAYMENT
The price of each product will be as stated on our website at any given time, except in the case of an obvious error. Although we try to ensure that all prices on the website 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 deemed to be cancelled and any amounts paid will be refunded in full. We will not be obliged to supply any product to you at the incorrect lower price (even after we have sent you a Dispatch Confirmation) if the error in price is obvious and unmistakable and could reasonably have been recognised by you as an incorrect price. Prices on the website include VAT but exclude delivery charges, which will be added to the total amount due.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Once you have made your purchases, all the items you wish to purchase will be added to your basket and the next step is to process your order and make payment. To do this:
1. Click on the 'Shopping Cart' button at the top of the page.
2. Click the “View Cart” button.
3. Fill in or check the contact information, your order details, the address where you want the order to be sent and the address to which the invoice should be sent.
4. Click the 'Confirm Order' button.
5. You will be redirected to the selected payment gateway. In general, the User may choose the payment method:
TO) By credit card, through our bank's payment gateway, which will facilitate, among others:
(i) name and surname;
(ii) card number;
(iii) CVV/CVC;
(iv) card expiration date;
You can use the following credit cards: -VISA – MasterCard
Once you have validated all the information about your purchase (items, shipping methods, delivery and billing addresses) a new page will appear for you to choose which payment method you wish to use and enter your details. In the event that the payment platform reports that the card has been refused, the order will be automatically cancelled, informing the customer of the cancellation online and immediately, as we have mentioned above.
Your card details will not be saved in our database, as they will be filled out on the secure website of the chosen bank.
Your card details are protected at all times thanks to the secure servers of banking entities that use SSL encryption in their communications.
B) By PayPal.
You can pay for your purchase through PayPal. When choosing PayPal as a payment method, the billing address indicated above will be ignored, and the address registered in your PayPal account will be taken into account for billing purposes.
9. GENERAL PROVISIONS ON THE PAYMENT PROCESS.
The payment order given by the User necessarily implies adherence to these General Conditions as well as the specific conditions of the order.
For any payment method chosen by the User, all payments will be subject to the terms and conditions applicable to the parties involved or by secure payment platforms (e.g. Visa, MasterCard, Paypal, etc.).
Once payment has been made correctly, the User will receive a confirmation email confirming the essential conditions of the operation.
Products sent to the address indicated by the User.
In any case, through the website, the User will always have access to information about their orders and the corresponding invoices for the purchases made.
The Provider reserves the right to cancel payments or orders in the event of indications of fraudulent transactions, informing the competent authorities of any conduct that may be investigated for the prevention of fraud.
In the event that a product or service is not available after the order has been placed, the User will be informed by email or telephone of the total or partial cancellation of the order, causing the total or partial refund of the charge through the same payment method used to place the order.
6. Click on 'Make payment' You can make the payment with Visa, Mastercard, American Express, Maestro, Euro 6000 cards, through PayPal. To minimize the risk of unauthorized access, Equitación Valverde does not have access to or store your payment data, which are directly managed by the payment gateway (PayPal, bank POS, etc.). Once we receive your order, if your payment method is Paypal or Card through the bank's payment gateway, the charge will be made when we confirm the order. By clicking on 'Authorize Payment' you are confirming that the credit card is yours. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize the payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with you.
10. VALUE ADDED TAX
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
11. EXCHANGE AND RETURN POLICY
RETURNS EXERCISING RIGHT OF WITHDRAWAL:
Once you have received your order, you can cancel your purchase, as long as the product has not been used or has damage or other defects that the company considers were not caused by it.
For Standard products (not customized):
- Products that have been damaged or misused by the customer cannot be returned.
- We remind you that by exercising your right of withdrawal, the money paid for the product(s) purchased will be refunded/the purchase amount will be included. The shipping costs of the product will not be refunded, if applicable. Likewise, the costs of the return will be borne by the customer.
- The deadline to return any product is 30 calendar days.
For customized products:
- Customized products are those made at the request of the client, whether made to measure or with modifications to color, leather, sole, or others, and which are manufactured exclusively for a specific client.
- These personalized products cannot be returned.
- Exception: Products in which there may have been a manufacturing error on the part of the company may be returned, and this will be done free of charge for the customer.
- The return period in any of the aforementioned cases is 30 calendar days.
RETURNS OF DEFECTIVE, DAMAGED OR INCORRECT PRODUCTS
You must ensure that:
- a) It has not been used incorrectly or negligently, has not been handled inappropriately or imprudently and has not been subjected to abnormal or harmful conditions.
- b) It has not been involved in any accident or damaged when trying to repair or modify it.
- c) It has not been used in a manner contrary to that established by the manufacturer in the Product instructions.
- d) It has not been damaged by natural wear and tear after receipt.
In the event that the product does not meet any of the above requirements, we may decide, at our discretion, not to repair or replace the product or refund the amount paid and/or we may ask you to reimburse the full costs of transport and inspection, incurred according to the current standard rates. To carry out such reimbursement, we may charge the above costs to your credit or debit card account or use the payment details provided when placing the Order.
In the event of a defective product, the Provider will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free of charge for the consumer and user.
In the event that the product or its packaging has been damaged or is not in its original shipping condition, the value of the item will be depreciated.
This provision does not affect the rights granted to consumers by current legislation.
In cases where you consider that at the time of delivery the product does not comply with the provisions of the Contract, is a product damaged during shipping, or is incorrect, you must contact us immediately through our contact form, providing the details of the product as well as the damage it suffers, or by calling the number +34 959 553 546 during our customer service hours.
Once the return request has been examined and the appropriate checks have been made, following confirmation via email, we will proceed to collect the product from the place of delivery.
We will carefully examine the returned product and will inform you by email within a reasonable period of time whether the return or replacement of the item is appropriate (if applicable). The return or replacement of the item will be carried out as soon as possible and, in any case, within 14 calendar days following the date on which we send you an email confirming that the return or replacement of the item is appropriate.
Amounts paid for products that are returned due to proven defects will be fully refunded, including delivery costs incurred to deliver the item to you. The refund will be made using the same payment method used to pay for the purchase.
The rights recognized by current legislation are safeguarded.
RETURNS OUTSIDE THE EUROPEAN UNION:
For returns outside the European Union, the customer must bear the return costs in all cases.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL:
The right of withdrawal does not apply to the delivery of:
- Used products, with damage or other defects that the company considers were not caused by it.
CUSTOMER SERVICE: HELP, SUGGESTIONS AND COMPLAINTS:
At any time, you can contact our Customer Service by calling +34 959 553 546 / 667 244 636/ 679 182 868 during business hours from 9:00 a.m. to 1:30 p.m. and from 3:30 p.m. to 6:30 p.m., Monday to Friday.
12. RESPONSIBILITY AND DISCLAIMER OF LIABILITY
Unless otherwise expressly provided in these Terms, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of that product. Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
1. In case of personal injury caused by our negligence; 2. In case of fraud or fraudulent misrepresentation; or 3. In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability. Without prejudice to the preceding paragraph and to the extent permitted by law and except as otherwise provided in these Terms, we will not accept any liability for the following losses, regardless of their origin:
I. loss of income or sales;
II. loss of business;
III. loss of profits or loss of contracts;
IV. loss of expected savings; V. loss of data;
VI. 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 information transmitted or obtained through this website unless expressly stated otherwise on this website. All product descriptions, information and materials on this website are provided as is and without express or implied warranties as to the same. To the extent permitted by law, we exclude all warranties except those that may not lawfully be excluded as regards consumers and users. Nothing in this clause affects your statutory rights as a consumer and user, nor your right to withdraw from the Contract.
13. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content supplied as part of the website shall remain at all times vested in us or our licensors. You may use such material only in the manner expressly authorised by us or our licensors. This shall not prevent you from using this website to the extent necessary to copy your order information or Contact details.
14. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other technologically harmful or damaging material. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack. Failure to comply with this clause may lead to a criminal offence under applicable laws. We will report any breach of such laws to the relevant law enforcement authorities and we will co-operate with those authorities in discovering the identity of the attacker. If you breach this clause, you will immediately cease to be authorised to use this website. We will not be liable for any loss or damage resulting from a distributed denial-of-service attack, viruses or other technologically harmful or damaging material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any content posted on it, or on any website linked to it.
15. LINKS FROM OUR WEBSITE
Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only, and we have no control over the content of such websites or materials. We therefore accept no liability for any damage or loss arising from their use.
16. WRITTEN COMMUNICATIONS
All orders for products are subject to availability. In this regard, if there are difficulties in supplying products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you may order. If you do not wish to order such substitute products, we will refund any amounts you may have paid.
17. NOTIFICATIONS
Notices to us should preferably be sent via our contact form. Subject to clause 19 above and unless otherwise stated, we may send notices to you either by email or at the postal address provided by you when placing an order. Notices will be deemed to have been received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. To prove that notice has been served, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to the post office or letterbox and, in the case of an email, that the email was sent to the email address specified by the recipient.
18. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement is binding on both you and us and our respective successors, assigns and legal representatives. You may not transfer, assign, charge or otherwise transfer a Contract or any of the rights or obligations arising under it to you or us without obtaining our prior written consent. We may transfer, assign, charge, sub-contract or otherwise transfer a Contract or any of the rights or obligations arising under it to you or us at any time during the term of the Agreement. For the avoidance of doubt, any such transfer, assignment, charge or other transfer will not affect your statutory rights as a consumer or void, reduce or otherwise limit any express or implied warranties we may have given you.
19. EVENTS BEYOND OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ('Force Majeure Event'). Force Majeure Events shall include any act, event, failure to perform, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
1. Strikes, lockouts or other protest measures.
2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
5. Inability to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Strike, failure or accident 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 in which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period equal to the duration of the Force Majeure Event. We shall use all reasonable means 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 despite the Force Majeure Event.
20. WAIVER
Our failure to require strict performance by you of any of your obligations under a Contract or these Terms or our failure to exercise any of the rights or remedies to which we are entitled under a Contract or these Terms shall not constitute a waiver or limitation of those rights or remedies and shall not relieve you from compliance with those obligations. No waiver by us of any particular right or remedy shall constitute a waiver of any other rights or remedies arising under the Contract or these Terms. No waiver by us of any of these Terms or of any rights or remedies arising under the Contract shall be effective unless it is expressly stated to be a waiver and is made and communicated to you in writing in accordance with the Notices section above.
21. PARTIAL NULLITY
If any of these Conditions or any provision of a Contract were declared null and void by a final decision by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
22. COMPLETE AGREEMENT
These Terms and any document expressly referred to in them constitute the entire agreement between you and us relating to the subject matter of these Terms and supersede any previous understanding, agreement or promise between you and us, whether oral or in writing. You and we acknowledge that we have agreed to enter into the Contract without relying on any statement or promise made by the other party or which might be inferred from any statement or writing in the course of negotiations between us prior to this Contract, except as expressly referred to in these Terms. Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or in writing, prior to the date of this Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
23. OUR RIGHT TO MODIFY THESE TERMS
We have the right to revise and modify these Terms at any time. You will be subject to the policies and Terms in force at the time you use this website or place each order, unless by law or decision of government agencies we must make retroactive changes to these policies, Terms or Privacy Policy, in which case, possible changes will also affect orders you have previously placed.
24. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and contracts for the purchase of products through said website shall be governed by Spanish law. Any dispute arising from or related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, specifically the courts of the city of Huelva. If you are contracting as a consumer, nothing in this clause affects the rights that you as such are recognised by current legislation.
25. COMMENTS AND SUGGESTIONS. COMPLAINT FORMS
Your comments and suggestions are welcome. Please send us such comments and suggestions via our contact form. In addition, we have official complaint forms available to consumers and users. You can request them by calling +34 959 553 546 or via our contact form.