Terms and Conditions

CONDITIONS OF PURCHASE

  1. INTRODUCTION

This document (together with the documents mentioned herein) establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Conditions"). Please read the Terms carefully before using this website. By using this website or placing an order through it, you consent to be bound by these Terms, so if you do not agree to all of the Terms, you should not use this website. These Terms may be modified. It is your responsibility to read them periodically, as the conditions in force at the time of use of the website or conclusion of the Contract (as defined below) will be those that are applicable to you. The Agreement (as defined below) may be formed, at its option, in any of the languages in which the Terms are available on this website.

  1. OUR DATA

The sale of items through this website is carried out under the name flamencaycomplementos.com CIF: 43035985H and address at Plaza San Martín de Porres nº6 Local3, with CP 41010 and email clientes@flamencaycomplementos.com hereinafter flamencaycomplementos.com. This website is operated under the name www.flamencaycomplementos.com -YOUR DATA AND YOUR VISITS TO THIS WEBSITE The information or personal data you provide us about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website you consent to the processing of such information and data and declare that all information or data you provide to us are truthful and correspond to reality.

  1. USE OF OUR WEBSITE

By using this website and placing orders through it you agree to: Use this website only to make legally valid inquiries or orders. Do not place any false or fraudulent orders. If such an order could reasonably be considered to have been made, we shall be authorized to cancel it and inform the relevant authorities. Please provide us with your email address, postal address and/or other contact details 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 need, we will not be able to process your order. By placing an order through this website, you represent that you are over 18 years of age and have the legal capacity to enter into contracts.

  1. SERVICE AVAILABILITY

The Website is mainly aimed at Users residing in Spain. flamencaycomplementos.com does not ensure that the Website complies with the laws of other countries, either totally or partially. It declines all responsibility that may arise from such access, nor does it ensure shipments or provision of services outside of Spain. The User may formalize, at his choice, with flamencaycomplementos.com the contract of sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.

  1. CONCLUSION OF THE CONTRACT

The information contained in these Conditions and the details contained in this website does not constitute an offer of sale, but an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount will be refunded in full. To place an order, you must follow the online purchase procedure and click on "Process Order". You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as it constitutes an offer that you make to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed via an email in which we confirm that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between us (the "Contract") will be formed only when we send you the Dispatch Confirmation. Only those products listed in the Shipping Confirmation will be subject to the Contract. We will not be obliged to supply you with any other products that may have been the subject of an order until we confirm the shipment of them in a Dispatch Confirmation. The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and displayed next to the presentation or, where applicable, image of it on its website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / or cost of the services; and acknowledges that the placing of the purchase or purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case. The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be archived and kept in the computerized records of flamencaycomplementos.com in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly taking into account the LOPD and the rights of Users in accordance with the privacy policy of this Website (Legal Notice and General Conditions of Use).

  1. PRODUCT AVAILABILITY

All product orders are subject to product availability. In this regard, if there are difficulties in the supply of products or if there are no items left in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you can order. If you do not wish to place an order for these replacement products, we will refund any amounts you may have paid.

  1. REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on this website. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process any order after we have sent the Order Confirmation, so we reserve the right to do so at any time, in our sole discretion. We will not be liable to you or any third party for removing any product from this website, regardless of whether such product has been sold or not, for removing or modifying any material or content from the website, or for refusing to process an order once we have sent you the Order Confirmation.

  1. Delivery

Without prejudice to the provisions of Clause 6 above regarding the availability of the products and unless extraordinary circumstances occur, we will attempt to ship the order consisting of the product(s) listed in each Dispatch Confirmation before the delivery date set out in the Dispatch Confirmation in question or, if no delivery date is specified, within 30 days from the date of the Dispatch Confirmation. However, delays may occur for any of the following reasons: During the months of March, April, May, June, July and August (high season) the waiting time is longer than the rest of the year. For items that are not in stock, once the order has been received together with the payment, the customer service department will inform by SMS or E-Mail the estimated delivery time.

  • customization of products;
  • specialized articles;
  • unforeseen circumstances; or
  • Delivery area

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 proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note in any case that we do not deliver on Saturdays or Sundays and holidays. For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the time of signing the receipt thereof at the agreed delivery address. -IMPOSSIBILITY OF DELIVERY If after two attempts we find it impossible to deliver your order, we will try to find a safe place to leave it. We will also leave you a note telling you where your order is and how to pick it up. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day. In the event that after 30 days since your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 days from the date on which we consider the Contract terminated. In these cases, we will be entitled to pass on the transport costs derived from the shipment and the termination of the Contract.

  1. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

The risks of the products will be at your expense from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery, if this takes place at a later time.

  1. PRICE AND PAYMENT

The price of each product will be the one stipulated at all times on our website, except in case of manifest error. Although we try to ensure that all prices listed on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and you will be fully refunded the amounts that have been paid. We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the error in the price is obvious and unambiguous and could reasonably have been recognised by you as an incorrect price. The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount. In the case of customers from the Canary Islands, prices do not include VAT. Prices may change at any time, but (except as set forth above) any changes will not affect orders for which we have already sent you an Order Confirmation. Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step will be to process the order and make the payment.

  1. VALUE ADDED TAX

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory. The applicable VAT rate shall be the one legally in force at any given time depending on the particular article concerned.

  1. EXCHANGE/RETURN POLICY

You can request the exchange or return by filling out the form found on the "Returns" page, this way the process will be much faster. You can also consult in that section all the details of the process and more information about our return policy. If you have doubts when filling out the form you can contact us. * By email: clientes@flamencaycomplementos.com or by the same contact form of the web. flamencaycomplementos.com reserves the right not to accept the exchange or return, if once received the garment, or the product it is in poor condition, stained, broken, washed, without label or in inadequate conditions. Changes may be made for another size or model provided that we have stock or you can opt for a refund of the amount of the garment, within a maximum period of 15 extra days of receiving the order. In the case of the change you have 15 days to fill out the form. Returns and exchanges have a cost for transport that is borne by the customer. On the initial shipping costs and commissions of third parties (PayPal if possible …) no refund will be made. In the case of payment, it will be made by the same means with which the purchase has been made, either PayPal, card or bank transfer. No cash payment will be made. We advise that the sending of returns is by certified package to avoid losing the packages, the package we have to receive it in our facilities, in no case will packages be collected in offices of transport companies or shipments postage due. The User acknowledges knowing that there are exceptions to the right of withdrawal, as in many cases they are personalized products manufactured at the request of the client, sizes / color / size / model, the money of a product purchased will not be refunded, in particular ceramic articles, flamenco dresses, tailoring, party items and shawls or shawls. The product will be changed for another of a different size if the one you receive is not correct, there being no possibility of change in items that do not have sizes. It is very important that at the reception of the article check the status of the same in front of the carrier since no changes will be made without being sure that there may have been a subsequent mishandling. In case the customer sends us these accessories for exchange or return, he will be informed for the collection of the same paying the customer the cost of shipping. For products that are not personalized and manufactured at the request of the customer we accept the legal withdrawal period of 14 days. This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the goods acquired on the Website of flamencaycomplementos.com or in case the goods that make up your order are delivered separately, to 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, it acquired physical possession of the last of those goods that made up the same purchase order. To exercise this right of withdrawal, the User must notify his decision to flamencaycomplementos.com. You can do so, where appropriate, through the contact spaces enabled on the Website. The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In case of withdrawal, flamencaycomplementos.com will refund the payments received using the same payment method that it used to make the initial purchase transaction or any other method that could be agreed with the customer. This refund will not generate any additional costs to the User. However, flamencaycomplementos.com may withhold such refund until you have received the products or items of purchase. The User acknowledges knowing that he must assume the direct cost of return (transport, delivery) of the goods In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice. Return of defective products or error in shipping: You must contact flamencaycomplementos.com immediately and let him know the existing disagreement (defect / error) by the same means or using the contact information provided on the web. The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement of the same. The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including the delivery costs and the costs that the User could have incurred to make the return. In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by flamencaycomplementos.com and possess the qualities presented therein; are fit for the purposes for which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. However, some of the products that are marketed on the Website, may have non-homogeneous characteristics provided that they derive from the type of material with which they have been manufactured, and that will therefore form part of the individual appearance of the product, and will not be a defect.

  1. RESPONSIBILITY AND DISCLAIMER

Except as expressly provided otherwise in these Terms, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of such product. Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:

  • In the event of death or personal injury caused by our negligence;
  • In case of fraud or fraudulent misrepresentation; or
  • In any matter where it would be unlawful or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the provisions of the previous paragraph and to the extent legally permitted, and except as otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their origin:

  • loss of revenue or sales;
  • loss of business;
  • loss of profit or loss of contracts;
  • expected savings loss;
  • data loss; And
  • 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 the information transmitted or obtained through this website unless expressly stated otherwise on it. All product descriptions, information and materials contained in this website are provided as true and without express or implied warranties about them. To the extent permitted by law, we exclude all warranties, except for those that cannot be legitimately excluded against consumers and users. The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract. flamencaycomplementos.com applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser used or others of this nature. flamencaycomplementos.com will act with the utmost diligence in order to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road restrains, and in general any other sector, resulting in delays, losses or theft of the product. Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. flamencaycomplementos.com puts all the means at its disposal in order to carry out the process of purchase, payment and shipment / delivery of the products, however it disclaims liability for causes that are not attributable to it, fortuitous event or force majeure. flamencaycomplementos.com will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, flamencaycomplementos.com will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product. In general, flamencaycomplementos.com will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, that are due to force majeure, and this may include, but not limited to: Strikes, lockouts or other industrial measures. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster. Impossibility to use trains, ships, aircraft, motor transport or other means of transport, public or private. Impossibility to use public or private telecommunications systems. Acts, decrees, legislation, regulations or restrictions of any government or public authority. In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and flamencaycomplementos.com will have an extension in the term to comply with them for a period of time equal to the duration of the cause of force majeure. flamencaycomplementos.com will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.

  1. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights in the materials or content that are contributed as part of the website belong at all times to us or to those who granted us a license for their use. You may use such material only in the way expressly authorized by us or those who licensed us for its use. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details. Cookies: By accepting this privacy policy you consent to the use of cookies used on this website, as they are an essential part of the way our website works. The main objectives of our cookies are to improve your browsing experience. For example, cookies help us to identify you (if you are registered on our website), to remember your preferences during your navigation and on future visits, to manage the shopping cart, to allow you to carry out purchases, etc.

  1. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that any contract, notice, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition will not affect your statutory rights.

  1. NOTIFICATIONS AND BUG FIXES

The notifications you send us should preferably be sent through our contact form. For our part, we may send you communications either to the e-mail or to the postal address provided by you when placing an order. Notices shall be deemed to have been received and correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was duly delivered in the post office or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient. In the event that you detect that an error has occurred when entering data necessary to process your purchase request on the Website, you can modify them by contacting flamencaycomplementos.com through the contact spaces enabled on the Website.

  1. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and us, as well as 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 thereunder in your favour or to you, without obtaining our prior written consent. We may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations arising thereunder in our favour or to us, at any time during the term of the Contract. For the avoidance of doubt, such transfers, assignments, encumbrances or other transfers will not affect the rights that, if any, you have as a consumer recognized by law or will cancel, reduce or limit in any other way the guarantees, both express and tacit, that we could have granted you.

  1. EVENTS BEYOND OUR CONTROL

We will not be liable for any failure or delay in performing any of our obligations under a Contract, caused by events beyond our reasonable control ("Force Majeure"). Force Majeure Causes shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and shall include in particular (without limitation) the following:

  • Strikes, lockouts or other claims.
  • Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
  • Impossibility to use trains, ships, aircraft, motor transport or other means of transport, public or private.
  • Impossibility to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  • Strike, failures or accidents of maritime or river transport, postal or any other type of transport.

It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract despite the Force Majeure Event.

  1. Resignation

The lack of requirement on our part of the strict fulfillment on your part of any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us under said Contract or the Conditions, shall not waive or limit any such rights or actions or relieve you of any such obligations. No waiver by us of any particular right or action shall constitute a waiver of any other rights or actions arising under the Agreement or the Terms. No waiver by us of any of these Conditions or the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.

  1. PARTIAL NULLITY

If any of these Conditions or any provision of a Contract were declared null and void by a final resolution by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

  1. FULL AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter hereof and supersede any other agreement, agreement or promise previously agreed between you and us verbally or in writing. You and we acknowledge that you have consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two prior to said Contract, except as expressly mentioned in these Conditions. Neither you nor we will have any remedy against any uncertain statement made by the other party, oral or written, prior to the date of the Contract (unless such uncertain statement was made fraudulently) and the only remedy available to the other party will be for breach of contract in accordance with the provisions of these Conditions.

  1. OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and modify these Terms at any time. You will be subject to the policies and Conditions in force at the time you use this website or place each order, unless by law or decision of governmental bodies we must make changes retroactively to such policies, Conditions or Privacy Policy, in which case, any changes will also affect orders that you have previously made.

  1. Applicable law and jurisdiction

The use of our website and the contracts for the purchase of products through this website will be governed by Spanish law. Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. The User can send flamencaycomplementos.com their complaints, claims or any other comment they wish to make through the contact information provided on the web If you are contracting as a consumer, nothing in this clause affects the rights that as such recognizes you by current legislation.

  1. Data protection

The information or personal data that the User provides to flamencaycomplementos.com in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is truthful.

  1. COMMENTS AND SUGGESTIONS

Your comments and suggestions will be well received. Please send us such comments and suggestions via our email clientes@flamencaycomplementos.com .

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Our project to incorporate a digital marketing strategy into the activity of the company in the town of Seville, which aims to contribute to digital modernization and to improve the competitiveness of Andalusian self-employed workers, has received a grant from the Union Union and the Junta de Andalucía under the FEDER Operational Program of Andalucía 2014-2020.

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