Warburton

General conditions of sale

1. GENERAL INFORMATION

The ownership of this website, www.warburton.es, (hereinafter Web Site) is held by: Warburton, with NIF: 48700529-F, and whose contact information is:

Address: 30150, Murcia, Spain

Email: info@warburton.com

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.warburton.es) and the purchase or acquisition of products and / or services therein (in forward, Conditions).

For the purposes of these Conditions it is understood that the activity that WARBURTON develops through the Website includes:

Marketing and distribution of accessories and fashion accessories for men and women.

In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookie policy, and the privacy and privacy policy. WARBURTON data protection. By using this Website or making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Terms and all of the above, so if you do not agree with everything Therefore, you should not use this Website.

Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the moment in which the acquisition of products and / or services is requested will apply.

For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, using the contact form.

2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, since the navigation of the Website begins, all the Conditions herein established, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

  • Make use of this Website solely for inquiries and purchases or legally valid purchases.
  • Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
  • Provide truthful and lawful contact data, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The User may formalize, at his option, with WARBURTON the contract for the sale of the desired products and / or services in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

The Users can buy on the Website by the means and established forms. You must follow the online purchase and / or acquisition procedure of www.warburton.es, during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on “PLACE” ORDER “.

Likewise, the User must fill out and / or verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that WARBURTON has received their order or request for purchase and / or provision of the service, that is, the order confirmation. And, in your case, you will be informed, also, by email when your purchase is being sent.

Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it from WARBURTON using the contact spaces of the Website or through the contact information provided above.

The User acknowledges to be current, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / o cost of benefits; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during transactions made on the Website may be archived and kept in WARBURTON computerized records in order to constitute a means of proving transactions, in any case, respecting reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in regarding the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by WARBURTON through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services. If difficulties arise in the supply of products or no products remain in stock, WARBURTON undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the rendering of a service becomes unrealizable.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.

However, unless otherwise indicated, otherwise the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due to the time of handling the shipping procedure by the User, and where it will consult the methods and shipping costs available and freely choose the one that suits you.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.

The means of payment accepted will be: Credit or debit card, and PayPal.

WARBURTON uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the bank issuing the same, if that entity does not authorize payment, WARBURTON will not be responsible for any delay or failure to deliver and may not enter into any contract with the User.

Once WARBURTON receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the moment in which the User is sent the confirmation of delivery and / or confirmation of the service that is provided in the form and, where appropriate, established place.

If the means of payment is Paypal the charge will be made at the time WARBURTON sends a confirmation of the purchase order or purchase of products and / or services to the User.

In any case, by clicking on “PLACE ORDER” the User confirms that the payment method used is his.

6. DELIVERY

In the cases in which the physical delivery of the contracted good is required, deliveries will be made within the following territory: World.

Except for those cases in which there are unforeseen or extraordinary circumstances or, as the case may be, arising from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the term indicated on the Website. the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, that could be attributed to WARBURTON could not meet the delivery date, contact the user to inform you of this circumstance and he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the total refund of the price paid. In any case, home deliveries are made on weekdays.

If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he must contact WARBURTON to arrange delivery another day.

In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to WARBURTON, WARBURTON will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of the additional costs resulting from the User’s own choice of a delivery method different from the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him / her.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited through the signature of the reception of the order at the agreed delivery address.

The risks that the products could derive will be borne by the User from the moment of delivery. The User acquires ownership of the products when WARBURTON receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the complete receipt of the amount to be paid by WARBURTON.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canarias, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.

In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common VAT system, purchase orders will be located, for delivery and / or benefit , in that Member State of the European Union in which the address appearing in the purchase order is located and, therefore, the applicable VAT will be that valid in that Member State.

In the orders with destination to the Canary Islands, Ceuta and Melilla, the deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with the current regulations in each of these territories. The User must take into account that in these territories there may be situations in which taxes and customs duties are applied and accrued at the destination, in accordance with the regulations in force, and that these could be on their side.

For the rest of the locations, different from the previous ones, where the purchase orders are located, for delivery and / or provision, the current regulations will be applied at all times; The User must bear in mind that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at the destination, and that these could be on their side. For more information, the User must go to the customs office at destination.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if he detects that an error has occurred when entering necessary data to process his purchase request on the Website, he may modify them by contacting WARBURTON through the contact spaces enabled. on the Website, and, where appropriate, through those authorized to contact the customer service, and / or using the contact information provided in the first clause (General information).

In any case, the User, before clicking on “PLACE ORDER”, has access to the space, cart, or basket where they are writing down their purchase requests and can make changes.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

8. RETURNS POLICY

These are all cases in which the user considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and that, therefore, he should contact WARBURTON. and let you know the existing disagreement (defect / error) through info@warburton.es

The user will realize how to proceed to the return of the products, and these, once returned, are examined and the User is informed, within a reasonable time, if appropriate the refund or, where appropriate, the replacement thereof . .

The return of a product is made before it is possible and in any case, within 14 days after the date on which an email is sent confirming that the refund or replacement of the item is not in order.

The amount paid for the products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that could be incurred by the user to make the return. The refund will be made by the same means of payment as the user to pay for the purchase.

In any case, we will always be up to the rights.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, WARBURTON will not accept any responsibility for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach on your part;
  • business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

Likewise, WARBURTON also limits its responsibility in the following cases:

  • WARBURTON applies all measures concerning to provide a faithful display of the product on the Website, but is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser used or other of this nature.
  • WARBURTON will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific to the sector, resulting in delays, losses or theft of the product.
  • Technical failures that due to fortuitous causes or of other nature, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. WARBURTON puts all means at its disposal for the purpose of carrying out the process of purchase, payment and delivery / delivery of the products, however it is exempted from liability for causes that are not attributable to it, fortuitous event or force majeure.
  • WARBURTON will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, WARBURTON will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
  • In general, WARBURTON will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when the same is due to events that are beyond its reasonable control, that is to say, that they are due to force majeure, and This may include, but not limited to:
          • Strikes, lockouts or other industrial action.
          • Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
          • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
          • Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
          • Inability to use public or private telecommunication systems.
          • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and WARBURTON will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event. WARBURTON will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with WARBURTON are electronic (email or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that WARBURTON sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with WARBURTON through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, WARBURTON may contact and / or notify the User in his / her email or at the postal address provided.

11. WAIVER

No waiver by WARBURTON of a specific right or legal action or lack of warrant by WARBURTON of the strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor exempt to the User of the fulfillment of his obligations.

No waiver by WARBURTON of any of these Conditions or of the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and WARBURTON in relation to the object of sale and replace any other agreement, agreement or prior promise agreed verbally or in writing by the same parts.

The User and WARBURTON acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides WARBURTON in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

The access, navigation and / or use of this Website and the contracts to purchase products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sale agreements between WARBURTON and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send WARBURTON his complaints, claims or any other comment he wishes to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, WARBURTON has official complaint forms available to consumers and users, and they can request WARBURTON at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if from the conclusion of this purchase contract between WARBURTON and the User emanates a dispute, the User as a consumer may request an extrajudicial settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on resolution of online litigation in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.

Last modified: November 19, 2020

 
 
 
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