TERMS OF USE AND PURCHASE WWW.BOLSOSYCAPAZOS.COM
1. INTRODUCTION
This agreement (Bolsos y Capazos) sets forth the terms and conditions that govern the use of this website (www.BolsosyCapazos.com) and the purchase of products through it (hereinafter referred to as the "Terms"). Please read these Terms, our Cookie Policy, and our Privacy Policy (collectively, the “Data Protection Policies”) carefully before using this website. By using this website or placing an order through it, you consent to be bound by these Terms and our Data Protection Policies. If you do not agree with all the Terms and the Data Protection Policies, you should not use this website.
If you have any questions related to the Terms or the Data Protection Policies, you may contact us through our contact channels.
The language of the contract is Spanish.
2. OUR DETAILS
The sale of items through this website is carried out under the name BOLSOS Y CAPAZOS by Rafael García Carrasco.
The identifying details of the company responsible for the website http://bolsosycapazos.com/ with which you will make the purchase and formalize the contract are:
- Company Name: Rafael García Carrasco. (hereinafter referred to as Bolsos y Capazos)
- Registered Address: C / Av. de Cortes 13, Ubrique, Cádiz CP 11600.
- ID and Registry: 75861682T, registered in the Mercantile Registry of Cádiz, volume 1854, folio 77, entry 1, sheet CA-35177
- Email: rafaelbolsosycapazos@hotmail.com
- Phone: 661609592
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide to us about yourself will be processed in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide to us is true and corresponds to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
- Use this website solely for making legally valid inquiries or orders.
- Not place any false or fraudulent orders. If we reasonably consider that such an order has been placed, we are authorized to cancel it and inform the relevant authorities.
- Provide us with your email address, postal address, and/or other contact details truthfully and accurately. You also consent to us using this information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the necessary information, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE
The items offered through this website are only available for delivery within Spanish territory. However, sales to EU countries or other countries are possible. In such cases, you must inform us so that we can agree on the shipping details and, if outside the EU, analyze whether there are customs duties or tariffs that would increase the final price.
6. HOW TO PLACE AN ORDER AND MINIMUM ORDER AMOUNT
To place an order, you must follow the online purchase procedure and click on "Authorize payment." After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). We will also inform you by email when your product is being shipped (the "Shipping Confirmation").
Note on WhatsApp: If you prefer to communicate and know the status of your order via WhatsApp, the General Data Protection Regulation requires that you give us your consent. Please be informed that WhatsApp is not a secure channel as it may share the data you communicate with other apps like Facebook.
The purpose of using WhatsApp and providing us with information is to communicate solely and exclusively about your order or to clarify details about a product of your interest.
Recipients: Data will not be transferred to third parties.
Rights:
You have the right to obtain confirmation of whether Bags and Baskets is processing your personal data. Therefore, you have the right to access your personal data, rectify inaccurate data, or request its deletion when the data is no longer needed.
You accept to communicate with Bags and Baskets via WhatsApp as an additional communication channel.
YES
NO
Please indicate your acceptance via WhatsApp.
There is no minimum order amount for individual customers. For wholesale orders, the minimum order is 12 products for the first order, and for subsequent orders, it will be 5 products per order.
7. CORRECTING ERRORS IN ORDERS PLACED
If you detect an error in entering your personal data during your registration as a user on this website, you can modify it. In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service at 661609592 (WhatsApp) or at the email address rafaelbolsosycapazos@gmail.com, as well as exercise the right of rectification as provided in our Privacy Policy by contacting rafaelbolsosycapazos@gmail.com.
The Bolsos y Capazos website displays confirmation windows in the different sections of the purchase process, which allow us to proceed with the order. It is important that the data in these sections are provided correctly to finalize the order. Additionally, this website offers the details of all the items you have added to your cart during the purchase process, so before making the payment, you can modify your order details.
If you detect an error in your order after completing the payment process, you should contact our customer service immediately at the phone number or email address mentioned above to rectify the error.
8. AVAILABILITY AND ERRORS OF PRODUCTS
All orders are subject to product availability. In the event of stock depletion or supply issues, we will refund any amount you may have paid, or we will offer you the opportunity to exchange it for another product of equal value. If the value is higher, you must pay the difference; if the value is lower, we will refund the difference.
8.1. Error in the Price of an Offered Product
If a product listed has a typographical error and the displayed price is lower than the actual retail price, we will notify you of the situation upon processing the order and detecting it. The customer may cancel the order, and we will refund the amount paid if the payment has been made, or they can pay the difference, and we will proceed with the order to send it to the customer.
9. DELIVERY
Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will deliver the order consisting of the product(s) listed in each Shipping Confirmation within the time indicated on the website according to the selected shipping method and, in any case, within a maximum period of 10 days from the date of the Order Confirmation.
If, for any reason, we are unable to meet the delivery date, we will inform you of this situation 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.
For the purposes of these Conditions, "delivery" or the order being "delivered" will be understood as having occurred at the moment you or a third party indicated by you take physical possession of the products, which will be evidenced by the signature of the receipt of the order at the agreed delivery address.
10. INABILITY TO DELIVER
If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to the courier's warehouse.
We will leave you a note explaining where your order is and how to arrange for it to be sent again. 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, after 15 days from when your order is available for delivery, 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 resolved. As a consequence of the resolution of the contract, we will refund all payments received from you, including delivery charges (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer) without undue delay and, in any case, within a maximum of 14 days from the date we consider the contract resolved. Please note that the transportation costs arising from the resolution may have an additional cost, so we will be authorized to charge you the corresponding costs.
11. TRANSFER OF RISK AND OWNERSHIP
The risks of the products will be at your expense from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in respect of the products, including shipping costs.
12. PRICE AND PAYMENT
The prices on the website include VAT but exclude shipping costs, which will be added to the total amount payable during the purchase process.
Prices may change at any time, but (except as provided above) any changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to buy, they will have been added to your cart, 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 verifying the information requested at each step.
The payment methods you can use are:
- PayPal.
- Credit/Debit Card.
- Bizum. Until the payment is confirmed, we will not start preparing and shipping your order.
- Bank Transfer. Until the payment is confirmed, we will not start preparing and shipping your order. When selecting this method, you will see the account number and bank details, as well as the order number and instructions for making the payment.
13. VALUE ADDED TAX AND INVOICING
In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of items will be understood 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 item in question.
For 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 the current regulations in each of these territories. You expressly authorize us to issue the invoice in electronic format. If you wish to receive the invoice in paper format, you must contact us at rafaelbolsosycapazos@gmail.com to request it, and we will send it to you at the postal address you indicate.
14. RETURN POLICY
At Bolsos y Capazos, we strive to provide our customers with the highest quality personalized products, designed and manufactured according to your unique specifications. We value your trust in our ability to create unique items that reflect your individual preferences.
Since our products are personalized and custom-made according to your instructions, we unfortunately cannot accept returns or offer refunds once the final design has been confirmed and approved. It is important to note that this approach allows us to maintain high-quality standards and ensure customer satisfaction.
14.1 Design Confirmation
Before proceeding with the production of your personalized product, we will provide you with a detailed visual representation of the final design. It is crucial that you carefully review all the details and give your approval before production begins.
Exceptions
In the event that your product arrives damaged, has manufacturing defects, or if we have made an error in the customization that does not match your approval, we will be happy to correct it and provide a satisfactory solution. Please contact our customer service team within 24 hours of receiving the product so we can address your concern appropriately.
We appreciate your understanding and cooperation with our no-return policy, which allows us to offer exceptional personalized products and ensure your satisfaction with every purchase.
If you have any questions or concerns about our no-return policy, please feel free to contact our customer service team. We will be happy to assist you.
15. WARRANTIES
If you contract as a consumer and user, we offer warranties on the products we sell through this website, under the legally established terms for each type of product, responding, therefore, for any lack of conformity that becomes apparent within two years from the delivery of the product.
Products are considered to comply with the contract provided that:
- They conform to the description given by us and possess the qualities we have presented on this website,
- They are fit for the purposes for which products of the same type are ordinarily used, and
- They exhibit the quality and performance that are reasonably expected of a product of the same type. In this regard, if any of the products do not comply with the contract, you must inform us by following the procedure detailed in section 14.6 above and through any of the means of communication provided for this purpose.
The products we sell, especially handcrafted products, often exhibit characteristics of the natural materials used in their manufacture. These characteristics, such as variations in texture, knots, and color, will not be considered defects or flaws. On the contrary, you should expect and appreciate their presence. We only select the highest quality products, but natural characteristics are inevitable and should be accepted as part of the product's unique appearance.
16. LIABILITY AND DISCLAIMER OF LIABILITY
Unless expressly stated otherwise in these Conditions, our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product.
However, and unless otherwise required by law, we will not accept any liability for the following losses, regardless of their origin:
- Loss of income or sales.
- Loss of business.
- Loss of profits or contracts.
- Loss of anticipated savings.
- Loss of data.
- Loss of management or office time.
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 expressly stated otherwise on the site.
17. WRITTEN COMMUNICATIONS
The law applicable to these sales contracts requires that some of the information or communications we send you be in writing. By using this website, you agree that most of our communications with you will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18. NOTIFICATIONS
All notices you send to us must be sent via email to rafaelbolsosycapazos@gmail.com. Subject to the provisions of clause 17 above and unless otherwise stipulated, we may send you communications either by email or to the postal address provided by you when placing an order.
It will be understood that notifications have been received and correctly made at the same instant they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient, in the case of a letter, to prove that it was correctly addressed, properly stamped, and duly delivered to the post office or mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, assignees, and heirs. You may not transfer, assign, charge, or otherwise dispose of a contract or any of your rights or obligations under it without obtaining our prior written consent.
We may transfer, assign, charge, subcontract, or otherwise dispose of a contract or any of our rights or obligations under it, at any time during its term. To avoid any doubt, such transfers, assignments, charges, or other dispositions will not affect your statutory rights as a consumer and will not void, reduce, or limit in any way the express or implied warranties that we may have given you.
20. EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure to perform or delay in performing any of our obligations under a contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes, in particular (without limitation), the following:
- Strikes, lockouts, or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations, or restrictions of any government or public authority.
It will be understood that our obligations under the contract are suspended during the period that the Force Majeure Event continues, and we will have an extension of time to perform those obligations for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
21. WAIVER
The failure on our part to require the strict performance by you of any of your obligations under a contract or these Conditions, or the failure on our part to exercise any rights or actions to which we are entitled under said contract or these Conditions, shall not constitute a waiver or limitation of such rights or actions nor exempt you from complying with such obligations.
No waiver by us of a specific right or action shall constitute a waiver of other rights or actions derived from a contract or these Conditions. No waiver by us of any of these Conditions or the rights or actions derived from a contract shall take effect unless it is expressly stated that it is a waiver and it is formalized and communicated to you in writing in accordance with the Notification section above.
22. SEVERABILITY
If any of these Conditions or any provision of a contract is declared null and void by a final decision by a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such a declaration of nullity.
23. ENTIRE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter of them and supersede any other agreement, understanding, or promise made between you and us verbally or in writing.
You and we acknowledge that we have entered into a contract without relying on any representation or promise made by the other party or which could be implied from any statement or writing in the negotiations held by both parties prior to the contract, except as expressly stated in these Conditions.
Neither you nor we shall 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 was made fraudulently), and the only action available to the other party will be for breach of contract in accordance with the provisions of these Conditions.
24. OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of any substantial changes made to them. The changes introduced will not be retroactive and, except for possible exceptions depending on the specific case, will be applicable 30 days after the date of their publication in the corresponding notice.
If you do not agree with the changes made, we recommend that you do not use our website.
25. 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 dispute arising from or related to the use of the website or such 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 the rights you have as such under current legislation.
26. COMMENTS, SUGGESTIONS, COMPLAINTS, AND CLAIMS
Your comments and suggestions are always welcome. We ask that you send us such comments and suggestions, as well as any inquiries, complaints, or claims, through our contact channels or to the postal or email addresses indicated in clause 2 of these Conditions.
Your complaints and claims to our customer service will be addressed as quickly as possible and, in any case, within the legally established period. They will also be registered with an identifying key that we will inform you of, allowing you to track them.
If you as a consumer believe that your rights have been violated, you can send us your complaints via the email address rafaelbolsosycapazos@gmail.com to request an out-of-court dispute resolution.
We want our users and customers to be satisfied, so we are interested in receiving your suggestions.
If you have a complaint and are not satisfied with the solution we have provided, we invite you to file your complaint with the European Dispute Resolution and Mediation Body. The EU has created this website to help dissatisfied consumers. It allows complaints about products or services purchased online and helps find a neutral third party ("dispute resolution body") to handle them. In some countries, businesses can also file complaints against consumers. Businesses and professionals in these countries can use this system to do so. Here is the link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show