TERMS AND CONDITIONS OF SALE AND CONTRACT
These Terms and Conditions regulate the use of the online shop www.thebrandcompany.net, for which The Brand Company, S.L., hereinafter referred to as "The Brand Company", is legally responsible. By accepting them, the User declares that he/she has read, understands and comprehends what is set out herein and that he/she assumes all his/her obligations. If the User does not agree with the contents of this document, he/she must leave this website and may not access or use the services it offers. Likewise, the User expressly accepts, without exception, that access to and use of this website, its services and the contents of said services takes place under his/her sole and exclusive responsibility.
Applicable regulations
This electronic contract is concluded under Spanish law and specifically under the legal regime imposed by Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE) and by Law 03/2014, of 27 March, General Law for the Defence of Consumers and Users (LGDCU).
The electronic contract will not be archived by a third party and the language for its conclusion is English. The present general conditions can be stored and reproduced at any time by the user who makes a purchase through the options of his internet browser, and must be accepted before proceeding to the payment of the order.
User Account and Error Correction
In order to make online purchases in this shop, you can register by creating a "User Account", or make a quick purchase without registering (as a guest user).
If you make the purchase as a guest, personal data will not be stored on the website, nor will it be possible to check the order history. Personal data will only be stored for the management and delivery of the ordered products.
If you decide to register, you will receive an email confirming that the process has been completed successfully and a reminder of your login details. From your account you will be able to make purchases, check your order history, change your password, modify your personal details, modify your delivery and billing addresses, make comments, and other procedures or formalities related to your purchases.
In addition, at any time, you may access your private account to check personal information and addresses and, if necessary, correct any errors that may have occurred in the entry of data or update them. Shipping and billing addresses may also be corrected or updated during the checkout process.
Podrás darte de baja en cualquier momento, enviando un correo electrónico, desde la dirección que se quiere dar de baja, a la dirección shop@thebrandcompany.net, lo que conllevará la cancelación de tus datos de carácter personal.
In any case, the creation and cancellation of a user account shall be governed by the provisions of the Privacy Policy.
Purchasing Process
Buying at "The Brand Company" is easy and simple, just follow the steps below:
1º.- Select the products you wish to purchase from among those offered by "The Brand Company". By clicking on each product, you will access its data sheet, which includes a detailed description with information, main features and price. If you need more information, do not hesitate to ask us. NOTE: In the case of product cards with photographs, the products may suffer slight variations in colour or texture with respect to the photograph that appears on the website, due to different factors, for example, the resolution of your monitor. However, we will do our best to ensure that the images are as true to life as possible.
2º - Once you have selected the product(s) you wish to purchase, click on the "Add to basket" button, and the product will be added to your basket. If you wish, you can continue to add other products to the basket or proceed directly to payment.
3º.- Once the selection of products has been completed, a summary will appear identifying the item/s selected. In order to finalise the purchase process, the minimum order will vary depending on the product selected and will be reflected in the product details. In this step, you will be able to upload your design, logo or observations that you consider important so that we can place your order correctly. Finally, to continue with your order, you must click on the "Pay now" button.
4º.- As we have indicated in previous sections, at the end of your purchase, you have the option of registering or making a quick purchase without registering (as a guest user). When you register, you will have to indicate your contact details and address, and in your next purchases you will not have to enter your details again.
5º.- Finally, you must accept these Conditions of Sale and choose the method of payment among those offered by "The Brand Company" (see next section).
6º.- Once the purchase process has been completed, we will send you an email detailing the details of the purchase, as well as proof of purchase or invoice in digital format. If you do not receive this email within 24 hours, or if you notice any error in the data entered, please contact us by any of the following means:
· By calling
· Notificándolo en la sección de contacto de esta web
· Notifying it in the contact section of this website
Methods of payment
The Brand Company" has several payment methods available:
· Bank transfer
· Credit or debit card
Below, we specify the conditions for each of these payment methods.
Bank transfer
"The Brand Company offers you the possibility to pay for your order by bank transfer to our bank account:
Banco Sabadell - IBAN: ES13 0081 0103 26 0001 130322.
If you choose this payment option, once you have completed your order, the details required to make the bank transfer will appear on the screen. In addition, we will send you an email with the amount of the order, the concept that you must indicate and the account number. It is important that, at the time of making the transfer, you indicate as a concept the reference of your order, provided by "The Brand Company" in the email, to expedite the billing and shipment of the order.
Transfers can take up to 48 hours to become effective, please take this into account in the delivery times. Once payment has been confirmed, the order will be invoiced, packed and shipped. If you wish to speed up this process you can send us an email with the receipt to shop@thebrandcompany.net.
Credit or debit card
Payment by credit or debit card is made through the secure payment gateway of Banco Sabadell. Through this payment method, "The Brand Company" never collects or manipulates any customer data relating to your card number. All data is processed directly by Banco Sabadell, so that "The Brand Company" can always offer the greatest security, transparency and confidentiality in the transaction.
Terms and conditions of shipment
Deliveries will be made to:
· Peninsular Spain
· Balearic Islands
· Canary Islands
· Ceuta and Melilla
· Any country of the European Community
The shipment will be sent by express parcel service.
Both the shipping cost and the delivery time will depend on the delivery zone, and will be shown to you before you finalise your purchase.
The courier company usually delivers during business hours, so if you have a delivery time preference, you can indicate it in the order comment and we will try to comply with it (within the possibilities of the route and timetable of the courier company).
The delivery time is displayed during the checkout process, and implies your acceptance of the delivery time.
In the event of non-compliance with delivery deadlines, you must give us an additional period of time that is appropriate to the circumstances that caused the initial delay. If we are also unable to deliver the goods within this additional period, you may terminate the contract. If the delivery period is essential in view of all the circumstances surrounding the conclusion of the contract or if you have informed us before the purchase that delivery before or on a certain date is essential. In such cases, you may terminate the contract immediately.
En cualquier caso, de producirse la resolución del contrato, se reembolsarán las cantidades abonadas en su totalidad.
In the event that the User purchases a product that has not yet been released for sale, but which already has a release date, the delivery times will be provisional and modifiable, and will be subject to the number of units per product that the suppliers have available at any given time. In this case, we will contact you to inform you of the variations in these products, as well as the possibility of cancelling the contract.
In some cases there may be a stock shortage. Our staff will contact you to give you a solution and to inform you of the delivery time once the selected product is available, or to cancel the contract if you wish.
IMPORTANT: In general, we are not responsible for the non-fulfilment or delay of obligations due to causes beyond our control, such as force majeure (confinement due to a state of alarm, for example), natural catastrophes, strikes, accidents, etc. Should any incident arise, we will contact you to resolve the incident.
Prices, taxes, fees and duties
· The RRP of the articles with shipping address to the Peninsula and Balearic Islands includes VAT in any case.
· The RRP for items with delivery address to other EU countries, and the buyer being a natural person (private individual) includes VAT.
· The RRP of the articles with shipping address to other EU countries, and being the buyer a company or professional, does NOT include VAT as long as it is registered in the Register of Intra-Community Operators (in which case we will have to provide the valid Tax Identification Code). In the case of not being registered as an I.O., the PVP includes VAT.
· The RRP of the articles with shipping address to the Canary Islands or Ceuta and Melilla and, in general, any non-EU country, does NOT include VAT, as the operation is treated as an export. The price indicated on each item is the final price of the same for shipments to these destinations. "The Brand Company" will not be responsible for the DUA or import charges and taxes (ISPI, IGIC), fees or duties that are generated in the customs of destination, if applicable.
Account and service deletion, cancellation and blocking
User accounts are not deleted for lack of use. The User can unsubscribe by requesting it to the staff of "The Brand Company", by sending an email to shop@thebrandcompany.net or through their account profile.
In case of non-payment of an order, the order may be temporarily suspended until the non-payment situation has been resolved by the User. If more than 15 days have elapsed, "The Brand Company" may proceed to cancel the order.
“The Brand Company” reserves the right to block access to the User account without prior notice (or delete the User account directly), if the User uses it in an illegal manner or breaches the obligations and rules set forth herein, which will be communicated by e-mail. The blocking or deletion of the User account shall have no effect on the obligation to pay for the products purchased, if applicable.
In exceptional cases, at the discretion of the administrators of "The Brand Company", and evaluating the seriousness of the act, the administrators may choose to warn the offending User, before deleting or blocking his/her account definitively.
By registering as a User, you agree that the owners of this site reserve the right, and may act at any time and without notice, to modify or discontinue this website and its services, or to remove data provided, either temporarily or permanently.
Returns
:At "The Brand Company" we want you to be satisfied with your order. Therefore, we provide you with several methods to return an item that may not meet your needs or expectations. Possible cases of return or withdrawal:
A. The product is wrong, has a defect or has been damaged during transport:
We take great care to ensure that all our deliveries are made correctly. If, even so, you receive an incorrect item, please contact us as soon as possible to solve it. Before opening the product, check that the packaging matches the one you ordered: colour, size, finish, etc.
For its part, if the products received present any defect or deterioration, we will respond to the lack of conformity as set out in the section "Warranties" within these conditions of sale.
If the product has been damaged during transport, you must inform us and, if possible, note the incident on the carrier's delivery note.
The products must be returned in such a way that they are protected, including them in a protective box or bag. "The Brand Company" provides the buyer with a transport company to collect the goods, completely free of charge. If you wish to return the goods with a transport company other than the one proposed by "The Brand Company", and the selected transport company offers higher rates, you must assume the difference in the cost of transport.
B. Withdrawal:
In accordance with the provisions of the LGDCU, and provided that you are a purchaser of an item for private use, you have the Right of Withdrawal, by virtue of which you may return the product.
The exercise of this right of withdrawal must be made within a maximum period of FOURTEEN (14) calendar days from the day on which you or a third party indicated by you, other than the carrier, has acquired the material possession of the goods. You must notify us, without giving any reason, of your decision to withdraw from the purchase made by means of an unequivocal statement (for example, a letter sent by post or e-mail) through any communication channel provided in the "Contact for Returns" section at the end of this section. You may also use the following model withdrawal form, if you wish. Returns form. In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.
In order to exercise this right, the product must be in perfect condition. Otherwise, you will be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and good condition of the products.
The refund will be for the full amount of the purchase, including the initial delivery charges where applicable (except for any additional charges resulting from the choice of a delivery method other than the least expensive standard delivery method offered by us), and will be made by the same means of payment used for the purchase unless you tell us otherwise and, in any event, no later than 14 calendar days after we have received the request for withdrawal. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.
You must return or deliver the goods directly to us at The Brand Company, S.L. at C/ Can Diners 1-11, Nave 6, 08310, Argentona, Barcelona, Spain, without undue delay and in any event no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the purchase. The deadline will be deemed to have been met if you return the goods before the deadline has expired. You will have to bear the direct cost of returning the goods.
The exercise of the right of withdrawal shall not be admissible in the supply of goods made to the specifications of the consumer and user, or clearly personalised.
C. If you have not yet received your order:
If you have not yet received your order and you wish to cancel or modify it, you only have to inform us of the changes you wish to make, without any cost if your order has not yet been processed.
Return Contact:
*Name: The Brand Company, S.L.
*Phone:
*Notification through this website in the "Contact" section.
*Postal address: C/ Can Diners 1-11, Nave 6, 08310, Argentona, Barcelona, Spain
*Email:
shop@thebrandcompany.net
Guarantees
We shall be liable for any lack of conformity, which the purchaser must inform us of within two months of becoming aware of it.
If the defect or lack of conformity arises within the first 2 years of delivery of the item, it is presumed that the defect or lack of conformity already existed when the product was invoiced (or delivered, if at a later point in time), i.e. that there is an original or manufacturing defect in the product, unless we can prove that the defect or lack of conformity is not original, but is due, for example, to a misuse or maintenance by the purchaser.
On the other hand, if the defect or lack of conformity arises after 2 years, the presumption that the defect is ex-factory does not exist.
In the event of a defective product, we may proceed, as appropriate, to the repair, replacement, price reduction or termination of the contract, which will be completely free of charge for the buyer (including transport costs, if any).
Defects and deterioration caused by external events, accidents, use not in accordance with our instructions or those of the manufacturer (incorrect use) or normal wear and tear are therefore excluded from the guarantee. Also, products modified or repaired by the customer or any other person not authorised by "The Brand Company", as well as products which are the subject of a specific contract. In such cases, the consumer shall be responsible for their repair.
(a) Conforms to the description given and possesses the qualities of the product which we have presented to the consumer and user in the form of a sample or model.
(b) are fit for the uses for which similar products are normally intended.
(c) they are of a quality and performance which is normal for a product of the same type and which the consumer and user can reasonably expect, given the nature of the product.
Conflict resolution
As required by new European legislation, we inform users of the existence of a European dispute resolution platform for online contracting. Thus, for the resolution of consumer disputes (in accordance with Art. 14.1 of Regulation (EU) 524/2013), the European Commission provides an online dispute resolution platform which is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES
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