I. PURPOSE AND SCOPE OF APPLICATION
Box bolsos y complementos s.l. (hereinafter, “BOX San Sebastián”) thanks you for having chosen to visit this website.
Access to and use of the site are subject to these terms and conditions, the purpose of which is to govern the use of services for the electronic sale of the various products offered by “BOX San Sebastián”, a company operating over the Internet from its website: boxsansebastian.com, selling to its clients bags, leather goods, accessories and leather garments.
The clauses set out below constitute the master agreement which all users accessing the website www.boxsansebastian.com are obliged to be familiar with and to accept. For the sole purposes of these general conditions, the expression “user” comprises any individual accessing the website boxsansebastian.com, whether directly or through some other website.
The services offered by “BOX San Sebastián” on this website shall be governed by the conditions set out in this agreement. “BOX San Sebastián” reserves the right to modify these general conditions, in whole or in part, any new conditions agreed being applicable from the point of publication on the site. In all cases the aforementioned publications shall have no retroactive effect over goods or services previously contracted by users.
These General Conditions are binding on both parties, and form an integral and inseparable part of the sale agreement, which becomes enforceable upon subscription of the order at the behest of the client, by means of the contractual mechanisms to be specified below, all the above pursuant to the terms laid down in Article 1255 of the Civil Code, enshrining the principle of autonomy of will and conditions between contracting parties. It shall for all purposes be deemed that the user accepts the conditions and rules of use here set out upon marking the box “I Accept the Purchase Conditions”.
In order to guarantee consumer and user rights in their entirety, these General Conditions are established in accordance with the terms laid down in Spanish law, and in particular in Consumer and User General Protection Act 26/84, of 19 June 1984, General Contractual Conditions Act 7/98, of 13 April 1998, Retail Trade Regulation Act 7/96, of 15 January 1996, the Civil Code, Directive 2000/31 EC, of the European Parliament and of the Council, of 8 June 2000, Information Society and Electronic Commerce Services Act 34/2002, of 11 July 2002, Sale of Consumer Goods Guarantees Act 23/2003, of 10 July 2003, and all other applicable laws and the regulations in furtherance thereof.
II. IDENTIFYING DETAILS AND CORPORATE NAME OF THE COMPANY
BOX bolsos y complementos SL is registered with the Companies Register of Gipuzkoa, in Volume 1746, Page 126, Section 8, Sheet 15454, with registered office at Calle an Martín, 12, 20005 San Sebastian, holder of Tax Identification Number B-20652996, and provides its online electronic sales services via the website: boxsansebastian.com. Its contact email address is: firstname.lastname@example.org.
It is domiciled for all purposes at the address given as that of the company’s registered office.
These General Conditions govern the contracting of products and services offered by “BOX San Sebastián” and advertising addressed to its clients/users, all the above via its website, and also the rights and obligations of the parties resulting from the sale and purchase transactions agreed by and between them.
IV. LEGAL CONDITIONS REGARDING THE PROVISION OF THE SERVICE, AND LIABILITY
“BOX San Sebastián”, pursuant to the terms of Article 10 of Act 34/2002, of 11 July 2002, provides access by means of its website and these General Conditions, via permanent, simple, direct and free electronic resources to information regarding its corporate details (taxation details, registered office and address for correspondence).
“BOX San Sebastián” likewise reserves the unquestionable right to make modifications or improvements to the content, without prior notice and at any time. Notwithstanding the precautions taken, such applications and software programs could give rise to operational problems, and could contain viruses or other harmful elements.
Notwithstanding those legislative limitations which cannot be waived, “BOX San Sebastián” accepts no liability in this regard.
V. CONDITIONS FOR ACCESS BY THE USER/CLIENT
The user of the “BOX San Sebastián” website shall be entitled to unrestricted access free of charge to the public information contained therein, although “BOX San Sebastián” reserves the right to restrict access to information, promotions and special offers to possible registered clients.
The public information contained on the website of “BOX San Sebastián” is protected by legal provisions regarding intellectual and industrial property, and authorisation is therefore not given for copying, transmission, assignment, disposal or usage by the client beyond the publicity purposes of virtual publication without the express consent in writing of “BOX San Sebastián”, under the terms provided in subsection XI on Industrial and Intellectual Property Rights.
The client/user, prior to formalisation of the purchase of any of the products offered by “BOX San Sebastián”, must register his details and personal circumstances as required in order to formalise the sale agreement (given name and surname or company name, Tax Identification Number, address, email address, telephone/fax number). In order to be able to place orders via the website, each client must provide “BOX San Sebastián”, on a voluntary basis and subject to his own responsibility, with his personal data.
All personal data provided by clients in a false or fraudulent manner may be deemed to constitute an offence of falsehood in commercial documents.
VI. OFFER AND ACCEPTANCE PROCESS
The Prices of the Products offered for sale and indicated on the website include VAT.
The Prices of the Products are in Euros. “BOX San Sebastián” reserves the right at any given time unilaterally to modify the price of the products and services offered via its website. In order to provide clients with a guarantee of the certainty and accuracy of the price of its products, the only valid price shall be that publicised at the time when the order is formalised.
Conditions for sale and delivery of the product
The Client understands that the stock of Products offered on the website is limited. During the electronic purchase process the following steps will be followed in accordance with the menu of options contained on the website of “BOX San Sebastián”:
Information regarding the product offered to the client
Those products of “BOX San Sebastián” presented on this Website do not necessarily comprise the entire collection of “BOX San Sebastián”, nor are all the products displayed on said site currently available, nor will they necessarily be available on this website. “BOX San Sebastián” reserves the right to allow certain products to be displayed exclusively on the Website for advertising reasons, even if they cannot be sold. These products are not for sale and cannot be acquired.
Upon selection of a product on the website boxsansebastian.com, a page will be displayed summarising by means of a series of photographs the article selected, the name and/or references, the colour selected, the price per unit and the purchase validation tab. You must check that this information precisely corresponds to the selection you have made before confirming your order. Following confirmation your order will be presented to “BOX San Sebastián” for processing. Although all possible measures are taken in order to guarantee that the original products correspond in terms of their design and style, it is possible that photographs may not correspond
with absolute precision, for reasons outside our control.
Information regarding the final purchase price
Information on the final price or retail price of sale of the product to be acquired is reflected in the final cost to the client, including the VAT and delivery charges. The client will therefore be informed of the final cost during the electronic purchase process prior to formalisation of acceptance by choosing the “pay” option in the purchase process.
Any possible discounts or promotional gifts will be freely addressed by “BOX San Sebastián” to the chosen groups at any given time, or in accordance with the product offered, depending on the advertising in place at any given time on its website.
Acceptance of the order
At the time of formalisation of the order, following use of the order acceptance option the client is deemed to have granted consent for the validity and enforceability of the sale agreement which is binding on the parties. The undertaking given by “BOX San Sebastián” to sell and deliver the goods offered is dependent on the stock of the product advertised, and the availability thereof while stock remains, and as a result “BOX San Sebastián”, within its client service and quality commitment, attempts at all times to ensure that the products advertised are
available. However, in the event of exceptional circumstances comprising multiple interactive orders, or any others which may lead to the stock of a product being exhausted, the order and the agreement signed by the parties shall be deemed null and void by virtue of this clause of termination, with any amounts paid being refunded in full to the client, without either of the parties being entitled to any form of compensation by way of breach of contract, general damages or loss of profits.
On such occasions “BOX San Sebastián” has a “waiting list” procedure which will serve automatic notification by email that the article selected has once again become available. This notification will take effect within a maximum period of 4 weeks. Bear in mind that the “waiting list” does not reserve the article for you, nor does it
guarantee that the article will again become available.
Form of payment
The client shall make full payment by means of a credit card when the order is placed. Payment for products may be made only by credit card. The accepted credit cards belong to the Visa/MasterCard circuits.
“BOX San Sebastián” reserves the right to modify the prices of the products offered for sale at any time, and without prior notice. The price charged to the client will be that advertised on the website at the time when each order is confirmed.
Credit card details will be processed with the utmost confidentiality, directly by the payment circuit manager. “BOX San Sebastián” is not liable for any possible fraudulent or unlawful use of the credit cards employed on the part of third parties during payment for the products acquired on the website boxsansebastian.com. For this reason, “BOX San Sebastián” reserves the right to cancel the transaction in the event of suspected fraudulent use of credit cards. In order to guarantee greater security, “BOX San Sebastián” may request at any time further information or documentation, without which “BOX San Sebastián” reserves the right not to accept the transaction.
“BOX San Sebastián” will issue one physical invoice to be enclosed and delivered together with the order to the address designated by the client.
“BOX San Sebastián” serves notice that sales invoices may not subsequently be modified, in accordance with the regulations in force (Royal Decree 4096/2003, on Invoicing Standards, modified by Royal Decree 87/2005). The invoice will be issued in the name of the natural person or company placing the order, and the client must therefore ensure when the order is placed that the data provided are checked. Subsequent changes will not be possible.
Delivery deadline for products acquired
An approximate period of between 1 and 2 working days is established for the Spanish mainland, 2-3 working days for the Balearic Islands, and 3-7 working days within the European Union for the effective delivery of the product, from the point at which the delivery date thereof was established. The delivery deadline for goods depends on the location where they are to be delivered to the client. In the event of a delay in delivery of more than 7 working days beyond the approximate date for receipt of the product as established when the order is formalised, provided that this delay is attributable to “BOX San Sebastián”, the client may, upon prior presentation
of a written complaint (by registered mail or email) unilaterally rescind the order, being refunded any amounts paid.
Please bear in mind that orders placed after 13:00h (GMT +1) on a Friday and during Saturday and Sunday will be prepared for dispatch on the Monday of the following week. National public holidays in Spain and local public holidays in the Gipuzkoa and San Sebastian regions may likewise give rise to delays in delivery.
Location and form of delivery
The order will be delivered to the address designated by the client when the contract is arranged. Subsequent modification of the place of delivery requested by the client may give rise to additional expenses applied to the assigned sale price, which will be borne by the purchaser. The goods will be delivered to the client by a delivery company, together with a document of carriage recording details serving to identify the client and the number of packages comprising the shipment.
The goods are at all times covered against risks of transportation, loss and handling. In the event that the client notes at the time of delivery any errors in the goods received, or finds them to be visibly damaged, he must record said circumstances on the document of carriage which will be presented by the deliverer, and must inform “BOX San Sebastián” of said circumstances within a period of 24 hours, by writing to email@example.com.
In all cases the client must verify that the goods have been delivered in perfect condition. Any claims presented more than 24 hours after delivery may be rejected. Any goods which could not be delivered within a period of seven working days from their dispatch from the premises of “BOX San Sebastián” for reasons not attributable to the vendor will be returned to it, with the amount corresponding to the shipment being reimbursed, following deduction of the cost of carriage.
“BOX San Sebastián” will deliver the products offered on its website in Spain only on the Mainland and the Balearic Islands, excluding Andorra and Canaries, and will likewise deliver its products to the countries of the European Union.
VII. CLIENT RIGHTS
*_ Confidentiality and security of the client’s personal data in accordance with the provisions laid down in the applicable Spanish data protection legislation.
*_ No dissemination, transfer or publication of clients’ data without their express consent.
*_ No receipt of promotional or advertising emails if these have been rejected.
*_ Consultation, modification and elimination of any personal data held in the database of “BOX San Sebastián”, all the above in accordance with the legal terms set out in the section regarding Protection of Personal Data.
*_ Access free of charge to open sections of the website of “BOX San Sebastián”.
*_ Entitlement to enquire by email as to the procedural status of the order placed.
Unilateral abandonment/cancellation of the order requested
In accordance with the terms of Article 44 of Retail Trade Regulation Act 7/1996, of 15 January 1996, the client (consumers or users are considered to be only the natural or legal persons acquiring, using or enjoying the product as final recipients) shall be entitled to cancel the order requested within a period of seven days of receipt thereof, by serving prior notice on “BOX San Sebastián”, addressing an email to firstname.lastname@example.org. Within this period, in order for the relevant return channels to be established (return number, and means and address for delivery of the return shipment), with a refund of the price only if the product has been paid for thereby. If this right of abandonment is exercised, then the client will bear the cost of return. “BOX San Sebastián” will not accept any returns of products which have been manipulated by the client, or any goods which are returned incomplete, without their complete labelling attached to the product, without their original packaging, or with visible signs of manipulation. Abandonment will not apply to any goods or orders which may, because of their special characteristics, be deemed to have been tailored to the requests of the client.
“BOX San Sebastián” does not accept requests on the website for the replacement or reimbursement of products acquired at the physical stores of “BOX San Sebastián”. “BOX San Sebastián” does not allow the replacement of or changes to products ordered online.
“BOX San Sebastián” may establish at its sole discretion whether products are in the same original condition when they are returned. Those articles which are returned incomplete, spoiled, damaged, deteriorated or dirty for reasons attributable to the client will not be subject to reimbursement, and will be made available to their sender or re-sent carriage owing, as decided by “BOX San Sebastián”.
Classification as consumers and users will not apply to those who, without being established as final recipients, acquire, warehouse, use or consume goods or services, in order to integrate them within processes of production, transformation, marketing or provision to third parties, and they therefore do not benefit from the rights granted to consumers.
VIII. OBLIGATIONS OF THE USER/CLIENT
Information published by “BOX San Sebastián” is to be used by the client solely within the context of the intended personal commercial relationship.
No content of the information published by “BOX San Sebastián” may be reproduced, alienated or disposed of without the express, written permission of the company itself.
The purchase service provided by “BOX San Sebastián” on its website must be used fairly, by refraining from any manipulation of the content of its website, or interference in its computerised resources by means of viruses or other conduct prohibited in law. The purchase agreement must be respected once the order has been accepted, with the corresponding payment of the agreed price.
All images, photographs, text, videos, trademarks, and in general all elements and materials and any creative expression sent to the website or to “BOX San Sebastián” by the user, with the sole exclusion of personal data provided by the user (given name, surname and email address), as indicated below, will be treated as non confidential and will be irrevocably attributed, free of charge, by means of dispatch or delivery, to “BOX San Sebastián”, which shall enjoy the unconditional right (without being obliged so to act) to register, record, produce multiple copies, reproduce, subsequently publish, present, exhibit, transmit, distribute, transfer, translate, transpose or modify these. The dispatch of such information, ideas and materials shall therefore be considered to constitute consent for the unrestricted usage thereof by “BOX San Sebastián”, which shall be under no obligation
to make payment of compensation either to the user or to third parties, unless this is expressly imposed by law.
The user shall be considered the sole party responsible for all images, photographs, texts, videos, trademarks and, in general, the elements, materials and any creative expression sent to the website.
In all particulars not governed by these terms and conditions of use of this site, reference should be made exclusively to Spanish law. Should any of these conditions be deemed unenforceable or null and void, this shall not lead the remaining conditions to be invalidated or repealed, and they shall therefore remain fully enforceable.
Any possible disputes connected with the interpretation of the above terms and conditions of use of this website, or the use of the website itself, shall be subject to be sole authority of the Court of San Sebastián.
IX. RIGHTS OF BOX SAN SEBASTIAN
*_Retain, modify or suspend its website without prior notice.
*_Modify the price of offers.
*_Reject orders because of a lack of stock or non-payment by the client.
*_Refuse access to computerised tools on the part of clients in the event of a breach of these conditions.
*_Receive the amount of the purchases from the client once the transaction is accepted.
*_Retain possession and full ownership of the article until payment has been received from the client in full.
X. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Rights regarding industrial and intellectual property (by way of example, without being confined to: trademarks, logos, texts, photos, icons, images…, in addition to the graphical design, source code and other software elements contained within the website boxsansebastian.com, are the property of “BOX San Sebastián”. They are therefore subject to intellectual and industrial property rights and protected by Spanish and international legislation.
No usage, copying, distribution, reproduction, transmission, manipulation or any other use surpassing normal usage as required in order to visit the site and make use of the services offered may be performed without the prior and confirmed authorisation in writing of “BOX San Sebastián”.
Access to the services supplied does not constitute on the part of “BOX San Sebastián” a waiver, transfer or total or partial assignment of rights derived from intellectual and industrial property, nor does it attribute rights of usage, alteration, exploitation, reproduction, distribution or public communication regarding such content without the prior and express authorisation in writing of the corresponding holders of said rights, notwithstanding the right of display and the right to obtain a private backup copy of such content, provided that said right is exercised in accordance with the principles of good faith, and provided that the intellectual and industrial property of the holder of such rights is maintained unaltered, said action is performed without any commercial purposes, and solely for the personal information of the user.
Liability derived from the use of materials protected by third-party intellectual and industrial property rights contained within this page in a lawful manner, or any usage in violation of morality, decency or privacy shall attach solely to the user, “BOX San Sebastián” being released in all cases from any liability derived from such conduct.
XI. WAIVER OF LIABILITY
“BOX San Sebastián” will accept no liability for any interruptions which may occur in electrical or telecommunications services preventing users from making use of the services offered.
“BOX San Sebastián” will not be liable for any error or imprecision which may occur in the photographs or graphical representations of the products of “BOX San Sebastián” presented on the website boxsansebastian.com. Although all possible measures are taken in order to guarantee that the original products correspond in terms of their design and style, it is possible that photographs may not correspond with absolute precision, for reasons outside our control.
Should you wish to register any query regarding the products, you may of course contact us via our email address email@example.com.
XII. PROTECTION OF PERSONAL DATA
Information received by “BOX San Sebastián” via its website will be processed with the utmost confidentiality.
“BOX San Sebastián” will observe at all times the current provisions regarding data protection, in particular Organic Personal Data Protection Act 15/1999, of 13 December 1989, and will adopt the necessary measures in order, with regard to such data, to avoid the alteration, loss, treatment and accessing thereof without authorisation, and to ensure that its employees comply with said provisions, in addition to the duty of secrecy regarding data subject to protection, and all other non-disclosure obligations in force. It likewise undertakes not to make use of the personal data of users of the site for any purposes other than that of the contracting of the services which it provides.
Pursuant to the legislation in force, “BOX San Sebastián” gathers data of a personal nature from its clients and includes them in a filing system of which it is the controller, the processing of which is intended solely for the purpose of managing the orders requested from the Company and replying to any queries which may be raised by users. The entity which is the data filing system controller is BOX bolsos y complementos SL. The user must provide the data and personal circumstance required in order to formalise sale agreements (given name and surname, or company name, tax identification number, address, email address, telephone/fax number).
Registration of these data is mandatory. Failure to complete the data on the part of the user, or the presentation of incorrect data, will prevent “BOX San Sebastián” from being able correctly to process the orders placed.
“BOX San Sebastián” requests additional personal data for statistical purposes, allowing it to establish user profiles. Users may omit or choose not to declare any data or personal circumstance which is not absolutely necessary for registration as a client and formalisation of the purchase. “BOX San Sebastián” may make use of third-party advertising companies in order to place advertisements on its website.
Data may be used by “BOX San Sebastián” in order to send information to the user regarding offers and advertising information, to the email or personal address provided, for which the client grants express consent.
The client may nonetheless choose at any time to reject the sending of such information by sending an email to “BOX San Sebastián” at the following address: firstname.lastname@example.org
Rights of access, correction, cancellation and objection
“BOX San Sebastián”, the entity which is the recipient of the data gathered on this site, undertakes to respect and facilitate on the part of the interested parties the exercise of the rights recognised by law, and in particular the rights of access to the data, correction, cancellation of data and objection, where relevant.
Applicable legislation and disputes
The General Conditions and any possible Specific Provisions are governed by Spanish law and shall be interpreted in accordance therewith. In the event of any type or nature of dispute inherent in the General Conditions, any possible Specific Provisions and the Orders, the Court of San Sebastian shall enjoy competency.
For any subsequent information, assistance or claims, Clients are invited to send an email to the following address: email@example.com.
Security in the treatment, computerised processing and safekeeping of data
“BOX San Sebastián” declares and guarantees that it maintains personal data protection security levels in accordance with the legal provisions in force, and that it has established all technical means available to it in order to avoid the loss, misuse, alteration, unauthorised access or theft of data provided by users.
All the above notwithstanding the fact that users expressly accept that Internet security measures are not impregnable.