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GENERAL CONDITIONS


By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

All product descriptions, information, and materials appearing on this website are provided "as is" and without warranties of any kind, express, implied, or otherwise. The items offered on this website are a selection of products from the Agatha Ruiz de La Prada collection and meet the same quality and warranty requirements as the products sold in Agatha Ruiz de La Prada stores.

We have made every effort to display garment colors as accurately as possible. However, the color of the garments displayed on screen may vary depending on the quality of your computer monitor.

To make payment, you can use Visa and MasterCard, as well as Amazon Pay and PayPal. You will acquire ownership of the products when we receive payment of all amounts due in connection with them, including shipping costs, or upon delivery.

The information you send us to place your order will be treated with the utmost diligence and confidentiality and is subject to the Privacy Policy contained on this website. For more information, please see our Terms of Purchase.


PURCHASE CONDITIONS


1. INTRODUCTION


This document, together with the other documents on the different policies, have the purpose of establishing the conditions that regulate the use of the website under the name of the AGATHA RUIZ DE LA PRADA brand (www.agatharuizdelaprada.com), as well as regulating the contract of sale of products/services, and the rights and obligations of both the users and DREAM OF BEACH NIGHT, SL in the “STORE” section, which is binding for both.

At AGATHA RUIZ DE LA PRADA, we ask you to carefully read these Terms and Conditions, both our Cookie Policy and our Privacy Policy (collectively, the "Data Protection Policies") before using our website. By using this website or placing an order through it, you agree to be bound by these Terms and Conditions and our Data Protection Policies. Therefore, if you do not agree with all of the Terms and Conditions and the Data Protection Policies, you should not use this website.

If you have any questions regarding the Terms and Conditions or Data Protection Policies, you can contact us through our Contact Forms. The contract may be formalized, at your discretion, in any of the languages ​​in which the Terms and Conditions are available on this website.


2. ABOUT OUR DATA


The website is operated by DREAM OF BEACH NIGHT, SL under the name AGATHA RUIZ DE LA PRADA for the sale of items through this website.

DREAM OF BEACH NGHT, SL is a Spanish company with CIF number B-83614594; with registered office at Calle Villanueva 5, 28001 Madrid; incorporated by public deed on March 28, 2003, registered in the Mercantile Registry of Madrid, Volume 18703, folio 198, section 8, page M-325734. Contact telephone number +34 91 3190501 and email address ventas@agatharuizdelaprada.com.


3. ABOUT USER DATA


Any information or personal data provided by the user 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 information or data provided to us is true and accurate.


4. USE OF OUR WEBSITE


By using this website and placing orders through it, you agree to:

A. Use this website only to make legally valid inquiries or orders.

B. Do not place any false or fraudulent orders. If such an order could reasonably be considered to have been placed, we will be authorized to cancel it and inform the relevant authorities.

C. Provide us with your email address, postal address, and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we require, we will not be able to process your order. This information will be included in a Customer File, which is filed with the Data Protection Agency.

The information you send us to place your order will be treated with the utmost diligence and confidentiality and is subject to the privacy policy contained on this website. If you wish to exercise your rights of access, rectification, erasure, or objection regarding the personal data submitted, you must send a written request, including a photocopy of your ID, and clearly state your request to the address above or by email to: ventas@agatharuizdelaprada.com.

You will acquire ownership of the products when we receive payment of all amounts due in respect of them, including shipping costs, or upon delivery. Furthermore, the risk of the products will be borne by you from the moment of delivery.

By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.


5. AVAILABILITY OF PRODUCTS AND SERVICE


All orders are subject to product availability. If there are difficulties with product supply or if items are out of stock, we will refund any amount you may have paid.

We inform our customers that the online store's inventory is shared with our physical store's inventory. Despite constantly updating the website to ensure the correct inventory, it is possible that a product may be sold in a physical store, and there may be a period of time during which the product quantity is not updated. If this error occurs, we will contact you to resolve it.

The items offered on this website are available for purchase from any location, not limited to Spain. Shipping costs will be calculated based on the destination country, the items purchased, and the packaging used for shipping. For more information, please see our "SHIPPING" section.

Due to the costs incurred by customs duties and the lengthy processing and shipping times, we do NOT currently ship to the Canary Islands or the United Kingdom.


6. REFUSAL TO PROCESS A PRODUCT


We reserve the right to withdraw any Product from this website at any time and/or to remove or modify any material or content on it. Although we will endeavor to process all orders, exceptional circumstances, such as force majeure or the detection of stock depletion, may force us to refuse to process an order after sending the Order Confirmation. We reserve the right to do so at any time, although we will immediately notify the customer and provide the reason for doing so.


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, removing or editing any materials or content on the website, or for refusing to process an order after we have sent you the Order Confirmation.


7. ON DELIVERY AND IMPOSSIBILITY OF DELIVERY


Unless unforeseen or extraordinary circumstances arise, or circumstances arise from the customization of the products, products will generally be shipped within 2 to 5 business days, starting from the date the user receives a Shipping Confirmation email. Please note that this shipping time may be longer for shipments outside the Iberian Peninsula and in countries that also require customs clearance.

Please note that delays in shipping of the product(s) may be due to the following reasons:

I. Due to the customization of the products.

II. When it comes to specialized articles.

III. Due to unforeseen circumstances.

IV. Due to the delivery area of ​​the product.

If for any reason we are unable to meet the delivery date, we will inform you and give you the option to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.

Customers must be aware that by accepting this delivery service, they must ensure that someone will be available to accept and collect the order at the designated delivery location. If we are unable to make this delivery, we will attempt to find a safe place to leave the package. If we are unable to locate a safe place to leave your order, it will be sent to our courier's corresponding branch, and you will be required to collect it. Please note that storage, return, and reshipment of the order will incur additional costs.

You can accept delivery or return the products, keeping in mind that in the event of a return, the original shipping costs and return mailing costs will not be refunded. For more detailed information, please see our Return Policy.

For the purposes of these Purchase Conditions, delivery of the order with the specific products will be deemed to have taken place upon signing receipt of the same to the courier at the agreed delivery address.

If purchases are destined for delivery in Ceuta or Melilla, customs clearance fees and import taxes will not be included in the item prices or in the established shipping cost via our courier. These fees must be paid at the destination by the recipient of the merchandise.

When the delivery destination of purchases is a territory outside the EU, the costs incurred for customs clearance and import taxes payable will not be included in the item prices or the established shipping costs. The corresponding taxes will be applied by each country's customs system. The costs incurred for this procedure must be paid at the destination by the recipient of the goods.


8. PRICE AND PAYMENT


The prices on the website include VAT (where applicable), but exclude shipping costs, which will be added to the total amount due as outlined in our Checkout Process - Shipping.

Prices may change at any time, but such changes will not affect orders that have already been placed and have received an Order Confirmation.

To make payment, you can use Visa and MasterCard, as well as Amazon Pay and PayPal. Credit cards are subject to verification and authorization by the issuing entity, but if the entity does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to enter into any contract with you.


VALUE ADDED TAX AND INVOICING


Pursuant to Article 68 of Law 37/1992 of December 28, on Value Added Tax, the delivery of items will be deemed to be located within the territory applicable to Spanish VAT if the delivery address is located within Spanish territory, excluding Ceuta and Melilla. The applicable VAT rate will be the legally applicable rate at any given time, depending on the specific item in question.

For orders destined for Ceuta and Melilla, deliveries will be exempt from VAT pursuant to the provisions of Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.

You expressly authorize us to issue the invoice electronically. However, you may indicate at any time that you wish to receive a paper invoice, in which case, we will issue and send the invoice in that format. You may request this by contacting our Customer Service Department, using any of the available means, free of charge.


9. TECHNICAL MEANS TO CORRECT ERRORS


If you discover that an error occurred when entering your personal information during your registration as a user of this website, you can modify it in the "My Account" section.

In any case, you may correct errors related to the personal data provided during the purchase process by contacting customer service at +34 91 3190501 or by email at ventas@agatharuizdelaprada.com. You may also exercise your right to rectification as provided in our Privacy Policy by contacting juridico@agatharuizdelaprada.com.

This website displays confirmation windows in various sections of the checkout process that prevent you from proceeding with your order if the information in these sections has not been entered correctly. This website also provides details of all the items you added to your cart during the checkout process, so you can modify your order details before making payment.

If you detect an error in your order after completing the payment process, you must immediately contact our customer service team at the telephone number or email address mentioned above to correct the error.


10. LIABILITY AND EXEMPTION FROM LIABILITY


Our liability in connection with any product purchased through our website will be strictly limited to the purchase price of that product.

Nothing in these Purchase Conditions excludes or limits in any way our liability:

I. In the event of death or personal injury caused by our negligence.

II. In case of fraud or fraudulent misrepresentation.

III. 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 foregoing and to the extent permitted by law, and unless otherwise provided in these Terms, we will not accept any liability for any indirect damages that arise as a side effect of the main loss or damage, however arising, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including but not limited to:

• Loss of income or sales.
• Loss of business.
• Loss of profits or loss of contracts.
• Loss of anticipated savings
• Data loss.
• Loss of management time or office hours.


11. PURCHASE GUARANTEES


All product descriptions, information, and materials appearing on this website are provided "as is" and without warranties of any kind, express, implied, or otherwise. To the extent permitted by law, we exclude all warranties, except for those that cannot be lawfully excluded for consumers.

In this sense, all products have the legal guarantee included in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (amended by Law 25/2009 of December 22 and Law 29/2009 of December 30).

The items offered on this website are a selection of products from the AGATHA RUIZ DE LA PRADA collection and meet the same quality and warranty requirements as the products sold in AGATHA RUIZ DE LA PRADA stores. Each product is accompanied by the following information: Item name, Images of the item, Item description, Collection to which the garment belongs, Reference number, Available sizes, composition, and Price (tax included).

We have made every effort to display the colors of the garments as accurately as possible. However, the color of the garments that appear on screen may vary depending on the quality of your computer monitor. DREAM OF BEACH NIGHT, SL cannot guarantee that the colors that appear on your monitor will accurately reflect the real color.
Special offers, promotions, or discounts are valid until the date indicated or while supplies last.


12. RETURN POLICY


For details on returns and exchanges, please see our Return Policy.


13. COMMUNICATIONS AND NOTIFICATIONS


The customer is aware that communication with us is electronic. They acknowledge that all contracts, notices, and/or information we send electronically meet the legal requirements of being "in writing."


14. EVENTS OUT OF CONTROL AND RISKS


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 Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and, among others, the following:

1. Strikes, lockouts or other protest measures.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

4. Inability to use trains, ships, airplanes, motor vehicles, or other means of transportation, whether 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.

Obligations will be deemed suspended for the duration of the Force Majeure Event, and we will have an extension of the deadline for fulfilling such obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that will allow us to fulfill our obligations despite it.


15. ASSIGNMENT OF RIGHTS AND OBLIGATIONS


This Agreement is binding on both you and us, as well as on our respective successors, assigns, and assigns.

You may not transfer, assign, encumber or otherwise transfer a contract or any of the rights or obligations arising from it without our prior written consent.

We may transfer, assign, encumber, subcontract, or otherwise transfer a contract, or any of the rights or obligations arising from it, at any time during its term. For the avoidance of doubt, such transfers, assignments, encumbrances, or other transfers will not affect any statutory rights you as a consumer may have, nor will they invalidate, reduce, or otherwise limit any warranties, whether express or implied, that we may have provided to you.


16. 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 may be entitled under such contract or these Terms shall not constitute a waiver or limitation of such rights or remedies and shall not relieve you from compliance with such obligations.

No waiver by us of any particular right or action will constitute a waiver of any other rights or actions arising from a contract or the Terms and Conditions. No waiver by us of any of these Terms and Conditions or of any rights or actions arising from a contract will be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the Notices section above.


17. PARTIAL NULLITY

If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity.


18. COMPLETE AGREEMENT


These Terms and any document expressly referred to herein constitute the entire agreement between you and us in relation to the subject matter hereof and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing. You and we acknowledge that you have agreed to enter into a contract without relying on any representation or promise made by the other party or that could be inferred from any statement or writing in the negotiations between us prior to the contract, except as expressly stated in these Terms and Conditions.

Neither you nor we will have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the other party's only remedy will be for breach of contract in accordance with these Conditions.


19. RIGHT TO MODIFY THE CONDITIONS


We reserve the right to modify the Terms and Conditions. Any modifications will not be retroactive.

If you do not agree with the changes made, we recommend that you do not use our website.


20. APPLICABLE LEGISLATION AND JURISDICTION


The use of our website and the purchase contracts for products through said website shall be governed by Spanish law, unless there are public order provisions to the contrary.

Any dispute arising from or related to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.

If you are contracting as a consumer, nothing in this clause affects your rights as a consumer under current legislation.


21. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS


Comments and suggestions from our users are welcome. We ask that you send us such comments and suggestions, as well as any questions, complaints, or claims, through our contact form, by phone, or at the postal or email address indicated in Section 2 of these Terms and Conditions.

We also have official complaint forms available to consumers and users. These forms can be requested by calling our customer service line at +34 91 3190501 or by emailing ventas@agatharuizdelaprada.com.

If you, as a consumer, believe that your rights have been violated, you can send your complaints to us at ventas@agatharuizdelaprada.com to request an out-of-court dispute resolution.

In this regard, if the purchase between you and us has been made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes from us, accessible through the Internet address http://ec.europa.eu/consumers/odr/ .