This website is operated under the name agatharuizdelaprada by society DREAM OF BEACH NIGHT S.L., with CIF nº B-863614594, Spanish company based at Calle José Ortega y Gasset No. 5, 28006 - Madrid, constituted by public registration deed on March 28, 2003 and registered in the Madrid Companies Register under Volume 18703 , folio 198 , Section 8, page M- 325 734.
Formalization of the contract
You certify when fulfilling the order that you have read and accepted without reservation the present conditions:
· You will only use this website to carry out inquiries or orders which are legally valid.
· You cannot make any speculative, false or fraudulent requests. If we have reasonable grounds for believing that a request of this kind has been made, we have the authority to cancel the order and inform the relevant authorities.
· You are obliged to provide us with the correct and accurate e-mail address, mailing address and/or other contact information and acknowledge that we may use this information to contact you if necessary. We cannot take your order if you do not give us all the information we need. These details form part of a file denominated “Customers”, declared to the Data Protection Agency Clients.
If you do not provide us all with the information we need, we cannot complete your order.
By placing an order through this website, you guarantee that you are at least 18 years old and have the legal capacity to enter into binding contracts.
You have ownership of the goods when we receive the payment of all amounts due, including shipping costs, or upon receipt of goods.
Delivery or failure to deliver the goods beginning with the day the email confirmation is received.
Products are dispatched within 2 to 5 working days, the first counting from the date in which the customer receives a confirmation email of the order. This period may be extended for orders placed from countries outside the Iberian Peninsula and those subjected to or that may involve customs management.
The delay may occur for the following reasons:
· Product customization
· Specialized products
· Unforeseen circumstances
· Delivery area
If for some reason we could not meet the deadline, we will inform you and give you the option to proceed with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid.
Note that by accepting the delivery service, you are confirming that a person will pick up the shipment at the place of delivery.
If we are unable to deliver, we will try to find a safe place to leave your package, if no such place can be found, your product will be returned to our warehouse. Please note that the storage, return and redelivery of the package will have an additional cost borne by the customer.
You can accept the delivery or return the products, taking into account that the return will be at your expense (for details please see our Return Policy).
For the purposes of these Terms, "rendition" has occurred or the products have been "delivered" when signing the receipt in the agreed delivery address.
For purchases where delivery location is Canarias, Ceuta and Melilla, the costs of customs clearance and import taxes are not included in the item prices or shipping, such costs shall be paid by the recipient of the merchandise.
For non-EU territories costs customs clearance and import taxes are not included in the item prices or shipping, customs system of each country will apply the corresponding taxes, the recipient of the merchandise shall be responsible for paying these additional costs.
NOTE: International customers should know that taxes and custom fees are not included in the product prices, these costs are borne by the buyer.
Liability and / or exemption from liability
Our liability in connection with any product purchased on our website will be strictly limited to the purchasing price of such product.
Nothing in these Purchase Terms shall exclude or limit in any way our liability:
· In case of death or personal injury caused by our negligence;
· In case of fraud or fraudulent misrepresentation;
· On the occasion of being illegal or unlawful for us to exclude, restrict ourselves or attempt to exclude or limit our liability.
Notwithstanding the previous paragraph and as far as the law permits, and unless these Terms state the contrary we will not accept any liability for damages that occur as a side effect of loss or major damage, arising in any way, whether caused by tort (including negligence), breach of contract or others, even if they could have been foreseen, including, but not limited, to the following:
· Loss of revenue or sales
· Loss of business
· Loss of profits or loss of contracts
· Loss of anticipated savings
· Loss of data
· 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 it is otherwise expressed. All product descriptions, information and materials contained on this website are provided at "the state in which they are found" and without expressed warranties, implied or arising in any other way. To the extent at which it is possible and is permitted by law, we exclude all warranties except for the guarantees that cannot be lawfully excluded from consumers.
All product descriptions, information and materials contained in this website are provided "in the state in which they are found" and without any express, implied or otherwise arising guarantees. As far as possible as allowed by law, we exclude all warranties except those that cannot legally be excluded from consumers.
In this sense, all products have the legal warranty included in the Royal Decree 1/2007 of 16 November approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws (modified by Law 25/2009 of 22 December and Law 29/2009 of 30 December.
The items offered on this website are a selection of products from the AGATHA RUIZ DE LA PRADA collection and meet the same requirements of quality and guarantee that the products offered for sale on the premises AGATHA RUIZ DE LA PRADA. Each product is accompanied by the following information:
Images of the article.
Collection to which the item belongs.
Price (tax included)
We have made an effort to display the colors of the garments as close to reality as possible. Nevertheless, the color of the clothes on the screen may be subject to variation depending on the quality of your computer monitor. In this sense DREAM OF BEACH NIGHT, SL cannot guarantee that the colors displayed on your monitor will accurately reflect reality.
Special offers, promotions or discounts will be valid until the date indicated or until the end of stocks.
Communication and notification
You are aware that our communication is electronic. All contracts and notification of information will be sent to you electronically, compliant with the legal requirement of being “in writing”.
Refusal to process a product
We reserve the right to remove at any time any product from this website and/or remove or modify any material or content. Although we will always do our best to process all orders, there might be exceptional circumstances that require us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion.
We shalll not be liable to you or any third party for the withdrawal of any product from this website, regardless of whether the product has been sold or not, removed, or any material or content on the website edited or for refusing to process an order after we have sent the Order Confirmation.
Return & Exchange Policy
If you are dissatisfied with your product it can be returned within 15 days from the date of receipt. The price paid for the products will be refunded in accordance with our returns policy.
In order to be eligible for a return, the products should fulfill the following requirements:
· Have not been worn, washed or damaged
· Original label should be maintained
· Returned in the original packaging
AGATHA RUIZ DE LA PRADA
Calle de Serrano, 27
If all the above requirements have been fulfilled, DREAM OF BEACH NIGHT will reimburse the total amount of the products. The delivery cost of the original order will not be reimbursed and the client will bear the delivery costs of the refund. If the refund is not accepted due to not conforming with the requirements, DREAM OF BEACH NIGHT will contact you.
In case DREAM OF BEACH NIGHT has sent a different product from the one requested or if it is defective, please contact us for its return and/or change. On this occasion, the refund of the product, will be coordinated by DREAM OF BEACH NIGHT, once we have been informed of the error or flaw, meaning we bear the delivery costs (round trip).
For hygiene reasons, swimwear, lingerie and costume jewellery cannot be exchanged, except in the case of fault or error.
All the AGATHA RUIZ DE LA PRADA products come with a tag, we recommend the garments are tried on without taking it off, since products returned without it will not be accepted.
Events beyond our risk and control
We are not responsible for any failure or delay in fulfilling contractual obligation caused by events outside our reasonable control ("Force Majeure").
The Force Majeure Events includes any act, event, lack of exercise, omission or accident that are beyond our reasonable control and includes, in particular (without limitation), the following: a. Strikes, lockouts or other industrial actions. b. Civil commotion, riot, invasion, terrorist attack or threat of terrorism, war (had it been declared or not), threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster. d. Inability to use trains, ships, aircraft, motor transports or other means of transportation, being these private or public. e. Impossibility of usage of public or private telecommunications networks. f. Acts, decrees, legislation, regulations or restrictions of any government. g. Failures or transportation accidents, river or maritime, postal or any other transportation.
Our compliance obligation under a Contract is suspended during the period of time that the Force Majeure Event continues, and will have an extension of deadline for our duty fulfillment during the extent of that period. We will take all reasonable actions to finalize the Force Majeure or to find a solution through which we can fulfill our obligations under the Contract despite the Force Majeure. The burden of product risks will be yours from the delivery time.
Law and Jurisdiction
The interpretation and enforcement of conditions, and all the resulting acts, shall be subject to the Spanish law, unless there are public policy provisions contrary to it.