This document contains the Conditions of this website´s use and the Contract that unites both of us – you and us. They establish the obligations and rights of the users and of DREAM OF BEACH NIGHT, S.L. which commercializes through this website the products/services of the AGATHA RUIZ DE LA PRADA brand.
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 request. If we have reasonable grounds for believing that a request has been made of this kind we are allowed 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.
· By placing an order through this website, you warranty you at least 18 years old and have legal capacity to enter into binding contracts.
· You will have ownership of the goods when we receive the payment of all amounts due, including shipping costs, or at the delivery moment.
Delivery or failure to deliver the goods
With the exception of extraordinary circumstances, we will try to ship the items within a maximum of 7 days, which begin the day the confirmatory email is received.
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 this delivery service, you will ensure that a person will pick up the shipment at the place of delivery.
You can accept the delivery or return the products, taking into account that the return will be at your expense (for details, 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.
If we are unable to deliver, we try to find a safe place to leave your package. If we cannot find a safe place, your product will be returned to our warehouse. We will leave a explanation note of where your package is and what to do in order for it to be sent to you again. If you will not be in the delivery place at the agreed time, please get in touch with us to set up another delivery date.
Please note that the storage, return and redelivery of product will have an additional cost borne by the customer.
NOTE: International customers should know that taxes and custom fees are not included in the product prices, these 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 occassion 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 consequential 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 status at 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 can not be lawfully excluded from consumers.
Communication and notification
You are aware that our communication is electronic. Recognizing that all contracts and notification of information will be sent to you electronically complying with the legal requirement of being “in writing”.
Refusal to proceed 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 try to 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.
Will 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 receiption date. So 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:
· Not have 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 stated requirements have been obeyed, AGATHA RUIZ DE LA PRADA will reimburse the total amount of the acquired products. The delivery expenditure of the original order will not be reimbursed. And the client will bear with the delivery costs of the refund. If the refund is not accepted due to not conforming with the requirements, AGATHA RUIZ DE LA PRADA will contact you.
In case AGATHA RUIZ DE LA PRADA has sent a different article from the one demanded 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 AGATHA RUIZ DE LA PRADA, once we have been informed of the error or flaw, meaning we will face with the delivery costs (round trip).
For hygiene reasons, swimwear, lingerie and costume jewellery cannot be exchanged, except in the case of flaws or error.
All the AGATHA RUIZ DE LA PRADA products are provided with a tag, we recommend the garments are tried on without taking it out, since the 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 Contract obligation whose cause is due to 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.