To make purchases at the AGATHA RUIZ DE LA PRADA online shop, you must proceed through the following steps:
1. Proceed to choose the section - Workshop, Women, Men, Shoes, Accessories, Girls, Baby, Jewellery, Stationery, Perfumery, Home, Others and Outlet.
2. Choose from the products you wish to purchase.
3. You can select the product to see its price, the size available and its characteristics.
4. Proceed to select the size of the product.
5. Add the product in that size to your cart.
6. View the shopping cart before making the purchase in order to check the products you have selected and the quantities you want.
7. Process the order with the required data.
8. Select the shipping method.
9. Proceed to fill in the payment details and the corresponding bank details.
10. Confirm your order.
Due to the costs generated by the customs tax and due to the lengthy processing and shipping period, we currently do NOT ship to the Canary Islands or the United Kingdom.
The prices on the website include VAT (where applicable), but exclude shipping costs, which will be added to the total amount due as set out in our Purchase Process - Shipping.
FORMALISATION OF THE PURCHASE
Regarding the confirmation of your purchase, you will receive two e-mails:
1. Order Confirmation Email: This is an acknowledgement of receipt of the order that we have processed. We have received your order and will proceed to check the availability of the ordered items. For more information regarding the availability of the products please refer to our Terms and Conditions of Purchase.
2. Shipping Confirmation Email: This is an email that formalises the customer's order and confirms the availability of the products, as well as the communication of the shipment of the order. For further information on this step, please consult our "SHIPPING" section.
GENERAL TERMS AND 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 on this website are provided "as is" and without warranties expressed, 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 offered for sale in AGATHA RUIZ DE LA PRADA shops.
We have made an effort to show the colours of the garments as close to reality as possible. However, the colour of the garments that appear on the screen may be subject to variations depending on the quality of your computer monitor.
For payment, you may use Visa and MasterCard, as well as the Amazon Pay payment method and payment via PayPal. You acquire ownership of the goods when we receive payment of all amounts due in respect of the goods, including delivery charges, or upon delivery.
CONDITIONS OF PURCHASE
The purpose of this document, together with the other documents on the different policies, is to establish the conditions that regulate the use of the website under the brand name AGATHA RUIZ DE LA PRADA (www.agatharuizdelaprada.com), as well as to regulate the contract of sale of products/services, and the rights and obligations of both users and DREAM OF BEACH NIGHT, S.L. in the "SHOP" section binding on both.
2. ABOUT OUR DATA
The website is operated by the company DREAM OF BEACH NIGHT, S.L. under the name AGATHA RUIZ DE LA PRADA for the sale of articles through this website.
DREAM OF BEACH NGHT, S.L. is a Spanish company with C.I.F. nº B-83614594; with registered office at calle José Ortega y Gasset nº 5, 28006 - Madrid; and which is constituted by public deed on 28 March 2003, registered in the Mercantile Register of Madrid, Volume 18703, folio 198, section 8ª, page M-325734. With contact telephone +34 91 3190501 and e-mail firstname.lastname@example.org.
3. ABOUT USERS' DATA
The information or personal data provided by the user will be treated 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 us with are true and correspond to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through it you agree to:
11. Use this website only to make legally valid enquiries or orders.
12. Not to place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we shall be entitled to cancel the order and inform the relevant authorities.
You will acquire ownership of the products when we receive payment of all amounts due in relation to the products, including shipping costs, or at the time of delivery. In addition, the risks of the products shall be borne by you from the time 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 a contract.
5. AVAILABILITY OF PRODUCTS AND SERVICE
All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you may have paid.
We inform our customers that the stock of the online shop is shared with that of our physical shop, and despite constant updating of the website for the correct stock, it is possible that a product is sold in the physical shop and there is a lapse of time in which the quantity of products is not updated. If this error occurs, we will contact you to solve it.
The articles offered through this website are available for purchase from any geolocation, without being limited only to the Spanish territory. The cost of transport will be calculated according to the country of destination, the garments purchased and the packaging used for shipment. For more information please consult our "SHIPPING" section.
Due to the costs of customs duties and the length of time it takes to process and ship, we currently do NOT 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 of this website. Although we will do our best to always process all orders, there may be exceptional circumstances, such as force majeure or detection of stock deterioration, which require us to refuse to process an order after we have sent the Order Confirmation, and we reserve the right to do so at any time but will immediately inform the customer of the reason for such refusal.
We shall not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to
to process an order once we have sent you an Order Confirmation.
7. ABOUT DELIVERY AND NON-DELIVERY
Unless unforeseen or extraordinary circumstances arise, or there are circumstances arising from the personalisation of the products, the products will generally be dispatched within 2 to 5 working days starting from the date on which the user receives a Dispatch Confirmation email. It should be taken into account that this delivery time may be extended in the case of deliveries outside the Iberian Peninsula and in those countries that also involve customs clearance.
Please note that the delay in the shipment of the product(s) may be due to the following reasons:
2. Due to the personalisation of the products.
3. In the case of specialised items.
4. Due to unforeseen circumstances.
5. Due to the delivery area of the product.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid.
The customer must take into account that when accepting this delivery service, he/she must make sure that there will be a person available to accept and collect the order at the place of delivery established. If we are unable to make the delivery, we will try to find a safe place to leave the package. In the event that we are unable to establish a safe place to deposit your order, it will be sent to the corresponding delegation of our courier, and it will be up to you to pick it up. Please note that the storage, return and re-delivery of the order will be charged to the customer.
You may either accept delivery or return the goods, please note that in the event of return, the original delivery charges and the cost of return postage will not be refunded. For more detailed information please see our Returns Policy.
For the purposes of these Conditions of Purchase, delivery of the order with the specific products shall be deemed to have taken place at the time of signing for receipt of the same by the courier at the agreed delivery address.
In the event that the purchases are to be delivered to Ceuta or Melilla, the costs incurred in customs clearance and import taxes to be paid will not be included in the prices of the items or in the established cost of shipping through our courier, but these costs must be paid at the destination by the receiver of the goods.
When the delivery destination of the purchases is a non-EU territory, the expenses generated by the customs clearance and the taxes to be paid for the import, will not be included in the prices of the articles or in the established cost of the shipment. It will be the customs system of each country that applies the corresponding taxes. The costs generated by this procedure must be paid at the destination by the receiver 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 set out in our Purchase 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.
For payment, you may use Visa and MasterCard, as well as the Amazon Pay payment method and payment via PayPal. Credit cards are subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.
VALUE ADDED TAX AND INVOICING
In accordance with the provisions of article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the delivery of the goods shall be deemed to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
For orders destined for Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
You expressly authorise us to issue the invoice in electronic format. However, you may at any time indicate your wish to receive an invoice in paper format, in which case we will issue and send the invoice in this format. You may request this by contacting our Customer Service Department by any of the means made available to you free of charge.
9. TECHNICAL MEANS FOR CORRECTING ERRORS
In the event that you detect that an error has been made when entering your personal data during your registration as a user of this website, you may modify them in the "My Account" section.
This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. This website also provides details of all the items you have added to your basket during the purchase process, so that you can modify the details of your order before making the payment.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service department at the above telephone number or email address to correct the error.
10. LIABILITY AND DISCLAIMER OF LIABILITY
Our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product.
Nothing in these Conditions of Purchase excludes or limits our liability in any way:
3. In the event of death or personal injury caused by our negligence.
4. In the event of fraud or fraudulent misrepresentation.
5. In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Terms, we will not accept any liability for consequential damages arising as a secondary effect of any loss or damage, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including but not limited to the following:
- Loss of income 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.
11. WARRANTIES OF PURCHASE
All product descriptions, information and materials on this website are provided "as is" and without warranties express, implied or otherwise. To the fullest extent permitted by law, we exclude all warranties, except for those warranties that cannot be legitimately excluded for consumers.
In this sense, all products have the legal guarantee included in the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (amended by Law 25/2009 of 22 December and Law 29/2009 of 30 December).
The articles offered on this website are a selection of products from the AGATHA RUIZ DE LA PRADA collection and meet the same quality and guarantee requirements as the products offered for sale in AGATHA RUIZ DE LA PRADA shops. Each product is accompanied by the following information: Name of the article, Images of the article, Description of the article, Collection to which the garment belongs, Reference number, Sizes available, composition and Price (taxes included).
We have made an effort to show the colours of the garments as close to reality as possible. However, the colour of the garments that appear on screen may be subject to variations depending on the quality of your computer monitor. In this sense, DREAM OF BEACH NIGHT, S.L. cannot guarantee that the colours that appear on your monitor are true to reality.
Special offers, promotions or discounts will be valid until the date indicated or until stocks last.
12. RETURNS POLICY
For detailed information on the possibility of returns or exchanges, please see our Returns Policy.
13. COMMUNICATIONS AND NOTIFICATIONS
You acknowledge that communication with us is electronic. You acknowledge that any contract, notice and/or information we send to you electronically complies with the legal requirements of being "in writing".
14. EVENTS BEYOND OUR CONTROL AND RISKS
We will not be liable for any failure or delay in performing our obligations under a contract which is caused by events beyond our reasonable control ("Force Majeure Event").
Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including but not limited to the following:
1. strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
5. Impossibility of using public or private telecommunication systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution to enable us to perform our obligations despite the Force Majeure Event.
15. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us and our respective successors, assigns and successors in title.
You may not transfer, assign, encumber or otherwise transfer a contract or any of your rights or obligations under it without our prior written consent.
We may transfer, assign, charge, encumber, sub-contract or otherwise transfer a contract or any of our rights or obligations under it at any time during its term. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law or otherwise void, reduce or limit any warranties, whether express or implied, that we may have given to you.
Our failure to require strict performance by you of any of your obligations under any contract or these Terms or our failure to exercise any right or remedy which may be available to us under such contract or these Terms shall not constitute a waiver or limitation of such right or remedy or relieve you from any such obligatio
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy arising under a contract or the Terms. No waiver by us of any of these Terms or of any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.
17. PARTIAL INVALIDITY
If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity.
18. ENTIRE AGREEMENT
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior agreements, understandings or promises made between you and us orally or in writing. You and we acknowledge that we have consented to enter into a contract without having relied on any statement or promise made by the other party or which could be inferred from any statement or writing in negotiations between us prior to the contract, except as expressly referred to in these Terms.
Neither you nor we shall 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 only remedy available to the other party shall be for breach of contract in accordance with these Conditions.
19. RIGHT TO CHANGE TERMS AND CONDITIONS
We reserve the right to modify the Terms and Conditions. Such modifications shall not be retroactive.
In the event that you do not agree to the amendments made, we recommend that you do not use our website.
20. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law, unless there are public policy provisions to the contrary.
Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
21. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Any comments and suggestions that our users may wish to make are welcome. Please send us such comments and suggestions, as well as any query, complaint or claim through our contact form, telephone or postal address or e-mail address indicated in clause 2 of these Conditions.
We also have official complaint forms available to consumers and users. These forms can be requested by calling the customer service telephone number +34 91 3190501, or by sending an e-mail to email@example.com.
If you as a consumer consider that your rights have been violated, you can send us your complaints via the e-mail address firstname.lastname@example.org in order to request an out-of-court settlement of disputes.
In this regard, if the purchase between you and us has been concluded online via our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to apply with us for an out-of-court settlement of consumer disputes accessible via the internet address http://ec.europa.eu/consumers/odr/ .