Terms and conditions
of sale
This text contains the Terms and Conditions that govern your use of this website and the contract that binds you and me (hereinafter the “Terms”). These Conditions establish the rights and obligations of all users and those of Sara Valcárcel in relation to the products offered through this website.
Please read these Terms and Conditions carefully before using this website or placing an order through this website.
You agree to be bound by these Conditions, so if you do not agree to all of the Conditions, you must not place an order.
If the conditions change, each change will be reflected in the corresponding section of this same text (Conditions) and in such a way that they are highlighted.
If you have any questions regarding the terms and conditions of purchase or the privacy policy, you can contact me at noaltodopoleiro@gmail.com.
The person responsible for this website is Sara Valcárcel – CIF: B70482286, con dirección Avenida da Anchoa, 56 escaleras, CP: 15154. Fisterra, A Coruña. Teléfono: 981 11 03 11
These terms and conditions are the only terms and conditions applicable to the use of this website and supersede all other terms and conditions. These terms and conditions are important to both you and me, as they are designed to create a legally binding agreement between us, protecting your rights as a client and my rights as a professional.
You declare that, by placing your order, you have read and accept these Terms and Conditions without reservation.
You accept that:
- You may only use the website for legally valid enquiries or orders.
- You may not place any speculative, false or fraudulent orders. If I have reasonable grounds to believe that such an order has been made, I shall be entitled to cancel it and inform the relevant authorities.
- You also undertake to provide me with your e-mail address, postal address and/or other contact details in a true and correct manner. And you agree that I may use this information to contact you if necessary (see my Privacy Policy).
- If you do not provide me with all the information I need, I will not be able to process your order.
By placing an order through this website, you warrant to me that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.
You must place your order online on my website saravalcarcel.com, accessible 24 hours a day, 7 days a week, unless you are unable to do so.
The data communicated by you and registered by Sara Valcárcel during the registration and the order constitute the proof of the transactions carried out between Sara Valcárcel and you. After validation of the order by you, Sara Valcárcel will send you a confirmation email to notify you that the order has been placed correctly.
You are obliged to check the order confirmation and notify Sara Valcárcel immediately of any errors.
All orders for items are subject to availability and, in this regard, if there are difficulties in the supply of items, or if there are no items left in stock, the customer will be informed of the availability of the item(s). stockI reserve the right to provide you with information about substitute items of equal or superior quality and value that you may order.
I reserve the right to remove any item from this website at any time and/or to remove or modify any material or content on this website. I shall not be liable to you or to any third party for the removal of any item from this website, or the removal or modification of any material or content on the website.
If you are contracting as a consumer, you may withdraw from the Contract at any time within 15 days from the date of receipt of the goods and without giving any reason. However, Sara Valcárcel will not accept returns whose written notification by the user is made after 15 calendar days from the date of receipt of the product.
In the case of acceptance by Sara Valcárcel of the return of the article (because it meets all the requirements of validity), the user will bear the direct costs of the return.
The item will be replaced by another item or a voucher for the amount of the purchased item.
Sara Valcárcel will not accept returns if the item is not presented in perfect condition.
All returns must be authorised by Sara Valcárcel. In order to obtain such authorisation, the user must request the return of the article to Sara Valcárcel by sending an email to noaltodopoleiro@gmail.com indicating the order number and your details.
Once the user has received the return authorisation, he/she can proceed with the shipment of the goods. The transport costs arising from the return shall be borne by the user.
The right to withdraw from the contract shall apply exclusively to those items that are returned in the same condition in which you received them. You should also include all boxes, cases and documents for the items. No refund will be given if the item has been used or damaged, so please take care with items while they are in your possession.
You shall not have the right to withdraw from the Contract for the supply of any personalised item.
Please treat the items with reasonable care while they are in your possession and keep, if possible, the original boxes and packaging in case of return.
This provision does not affect the rights granted to the consumer by the legislation in force.
Delivery
Without prejudice to the provisions of Clause 5 above and unless extraordinary circumstances occur, I will endeavour to dispatch the items listed in the Dispatch Confirmation before the delivery date stated in the Dispatch Confirmation, as a general rule this period will be between 2 and 5 working days in Spain. Weekends and public holidays are not taken into account.
Sara Valcárcel will always inform the user of the expected delivery times and also, once the order has been placed, the user will be able to check the status of their order by email at noaltodopoleiro@gmail.com during working hours from Monday to Friday.
The delay may be due to the following reasons:
- Personalisation of items.
- Specialised articles.
- Items out of stock in the shop, pending re-creation.
- Unforeseen circumstances.
- Remote delivery area.
If for any reason I am unable to meet the delivery date, I will inform you of this circumstance and give you the option to go ahead with the purchase, setting a new delivery date, or to cancel the order and exchange it for another item or for a voucher for a future purchase.
Please note, however, that deliveries are not made on Sundays.
By accepting this delivery service, you are agreeing to the entry of delivery personnel into your home. I ask you to remove anything that could be damaged upon delivery.
For the purposes of these Conditions, delivery shall be deemed to have taken place or the goods shall be deemed to have been delivered at the time of signing for receipt of the goods at the agreed delivery address.
Price of shipments.
- Spain Peninsula free shipping from 100 € purchase. For orders under 100 € 6 € shipping costs will be charged.
- Balearic Islands free shipping from 150€ purchase. For orders under 150 €, a shipping fee of 10 € will be charged.
- Canary Islands, free shipping from 150 € purchase. For orders under 150 €, a shipping fee of 10 € will be charged.
- Ceuta and Melilla: Free shipping for purchases over 150 €. For orders under 150 € 10 € shipping costs will be charged.
Undeliverability
If it is impossible for me to deliver, we will try to find a safe place to leave the package for you. If we are unable to find a safe place, your items will be held by the carrier. We will leave you a note explaining where your parcel is and how to have it sent back to you.
If you are not going to be at the place of delivery at the agreed time, please contact Sara Valcárcel to arrange delivery on another day.
Please note that storage and re-shipment of your items may incur additional costs.
Transfer of risk and ownership
The risks of the goods will be at your expense from the moment of delivery.
You will acquire ownership of the goods on receipt of full payment of all sums due in respect of the goods, including delivery charges, or on delivery (as defined in the preceding clause), whichever is the later.
Price and method of payment
The price of the articles will be the price stipulated at any given time on the website. Although I try to ensure that all prices listed on the site are correct, errors can occur. If I discover an error in the price of the items you have ordered, I will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which you have already sent a Dispatch Confirmation.
Once you have made your purchases, all the items you wish to buy will have been added to your cart and the next step is to process the order and make the payment.
Payments will be made by bank transfer. When you choose this option you will see the details of the account to be paid into.
The bank transfer, for the total amount of the order, must be made within a maximum period of 2 days indicating:
- The order number.
- Name and surname of the person who made the purchase.
- Specifying Sara Valcárcel as beneficiary.
- After this two-day period, the order will be cancelled.
- Once the bank transfer has been made, if you wish, you can send a copy of the proof of payment to: noaltodopoleiro@gmail.com in order to expedite the shipment of your order.
Value added tax
In accordance with current legislation, all purchases made through the website will be subject to Value Added Tax (VAT). Always included in the price.
The user may return and replace the item received in the following cases:
- When the item received does not conform to the specifications detailed in the item sheet displayed on the website.
- When the item received is different from the one specified in the purchase order.
- When the article shows obvious signs of breakage or external defects.
REFUNDS FOR WITHDRAWAL
General policy
If the user is not satisfied with part or all of the order received, he/she will have 15 working days from receipt of the order to inform of his/her wish to return it, in accordance with the right granted to him/her by the provisions of the Spanish Retail Trade Act. Sara Valcárcel will not accept returns of orders after this period unless there is a justified cause.
The refund will be made in the same way that was used to pay for the purchase. You will bear the cost and risk of returning the goods to us, as stated above.
Items that are not in the same condition in which you received them, or that have been used beyond the mere opening of the package, will not be exchanged or returned. Items that show evidence of having been used will not be accepted as a withdrawal.
In all the cases indicated above (withdrawal or return), the article must be returned in its original packaging, with all the accessories and other items that may accompany the article, in perfect condition.
In any case, and unless the article is defective, the return implies the exchange for another article, or for a voucher for that amount that you will be able to redeem at a later date.
The right of return cannot be exercised for items that have been made to the purchaser’s specifications, custom-made, expressly ordered or clearly personalised.
In the event of a defective item, I will repair or replace it.
RETURNS OF DEFECTIVE GOODS
In cases where you consider that at the time of delivery the item does not conform to what is stipulated in the Contract, you must contact me immediately via the contact form, providing details of the item as well as the damage it is suffering.
You should return the article to the address: Sara Valcárcel, with address…
I will carefully examine the returned item and will let you know by email or telephone, within a reasonable period of time, whether the item is to be returned or replaced (if applicable).
The return or replacement of the item will be made as soon as possible depending on stock, but in any case within a period not exceeding 4 weeks from the time you receive confirmation by email of acceptance of the return of the defective item.
Amounts paid for items that are returned to us because of a defect, where such a defect actually exists, will be refunded to you in the form of a voucher, including the delivery charges incurred in delivering the item to you and the costs incurred in returning the item to us.
The rights recognised by the legislation in force remain unaffected.
Liability and exemption from liability
My liability in relation to any item purchased on the website shall be strictly limited to the purchase price of such item.
Nothing in these Conditions of Purchase excludes or limits my liability in any way:
- In the event of death or personal injury caused by alleged negligence;
- In case of fraud or fraudulent misrepresentation; or
- In any matter in which it would be illegal or unlawful for me to exclude, limit or attempt to exclude or limit my liability.
Due to the open nature of this website, I make every effort to ensure that there are no errors in the storage, transmission of digital information and the accuracy and security of information transmitted or obtained through this website.
As far as legally possible, I exclude all warranties, except for those warranties that cannot be legitimately excluded for consumers.
The provisions of this clause shall not affect your statutory rights as a consumer or your right to withdraw from the contract.
You acknowledge and agree that all copyright, trademark and other intellectual property rights in the materials or content provided as part of the website are at all times vested in Sara Valcárcel or its licensors. You may use such material only as expressly authorised by Sara Valcárcel who has granted you a licence to use such material. This will not prevent you from using this website to the extent necessary to copy your order information or contact details.
Applicable regulations require that some of the information or communications I send you must be in writing. By using this website, you agree that most communications with me will be electronic. I will contact you by e-mail or provide you with information through notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications sent to you electronically comply with the legal requirement that they be in writing. This condition does not affect your statutory rights.
Notifications from you to me should preferably be sent via email to noaltodopoleiro@gmail.com. Subject to the provisions of the foregoing clause and unless otherwise stipulated, I may send communications to you either by e-mail or to the postal address you provide when placing an order.
Notices will be deemed to have been received and properly given the instant they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. In order to prove that service has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered at the post office or in a post box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
The Agreement between you and me is binding on both you and me and our respective successors, assigns and successors in title.
You may not convey, assign, encumber or otherwise transfer a Contract or any of the rights or obligations under it to or for you without my prior written consent.
I may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of my rights or obligations under it to or for me at any time during the term of the Contract. For the avoidance of doubt, such transfers, assignments, assignments, encumbrances or other transfers shall not affect your statutory rights as a consumer or void, reduce or otherwise limit any express or implied warranties that may have been given to you.
I shall not be liable for any failure or delay in the performance of any of my obligations under a Contract which is caused by events beyond my reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission or accident beyond my reasonable control.
My performance obligation under any Contract shall be deemed to be suspended for the period during which the Force Majeure Event continues, and I shall have an extension of time to perform my obligation for the duration of such period. I will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution whereby I can perform my obligations under the Contract despite the Force Majeure Event.
If, during the term of a Contract, you fail to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if you fail to exercise any of the rights or remedies which you are entitled to exercise or pursue under the Contract or these Conditions, such failure shall not constitute a waiver of such rights or remedies or relieve you from compliance with such obligations.
Any waiver by me to require performance shall not constitute a waiver by me to require subsequent performance.
No waiver by me of any of these Terms and Conditions shall be effective unless expressly stated to be a waiver and communicated to you in writing in accordance with the Notice section above.
If any of these Conditions or any provision of a Contract is held to be invalid, illegal or unenforceable to any extent by any competent authority, it shall be severed from the remaining Conditions, terms and provisions which shall continue to be valid to the fullest extent permitted by law.
I have the right to review and amend these Terms and Conditions at any time.
You will be subject to the policies and Conditions in effect at the time you place each order, unless changes to such policies, Conditions or Privacy Statement are required to be made by law or governmental action.
These General Terms and Conditions are governed by Spanish law. The parties submit, at their choice, for the resolution of conflicts and with waiver of any other jurisdiction.
Your comments and suggestions are welcome. You can send them to noaltodopoleiro@gmail.com