Terms and Conditions

VERSION OF JUNE 1, 2022

These general terms of sale (hereinafter, "GTS") are valid for any purchase made on the Spanish website https://brand-store.es/ (hereinafter, the "Site").

PREAMBLE

These General Terms and Conditions express the entirety of the parties' obligations. In this sense, it is understood that the buyer accepts them without reservation. They apply to the exclusion of all other conditions and, in particular, those applicable to in-store sales. If one or more clauses of the General Terms and Conditions of Sale are declared invalid or so declared by law, regulation, or court decision, the other provisions shall retain their full force and effect.

PERSONAL DATA AND COOKIES

When placing an order, the collected personal data will be subject to computer processing. We invite you to consult the "Personal Data" tab on the Site for information related to this matter.

1. OBJECT AND SCOPE OF APPLICATION

The purpose of the General Terms of Sale is, on the one hand, to inform anyone visiting the Site to place an order (hereinafter, "Buyer") about the conditions and terms under which the seller, Brand Store, proceeds for the sale and delivery of the requested products and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by Brand Store.

The buyer declares to have read these General Terms and Conditions and accepted them before making the purchase. In this respect, they are opposable to him under the terms of Article 1119 of the Civil Code.

The site reserves the right to modify the General Terms and Conditions at any time and without prior notice. The order will be subject to the General Terms and Conditions in force at the time of placing the order.

 

 

Before placing the order, the Buyer declares:

• That they have full legal capacity, allowing them, on their own or through their legal representative, to place an order on the Site. Brand Store cannot be required to verify the legal capacity of its Buyers. Therefore, if a Buyer does not have legal capacity, their legal representatives will assume full responsibility for any orders placed on the Site and must, in particular, respect the price.

• Accept the General Terms and Conditions without reservation

• That their order is not directly related to their professional activity and is strictly for personal use.

2. FORMATION OF THE CONTRACT AND ORDERS

2.1 PRICE

The prices of the products for sale on the site are indicated in euros and are those in effect at the time the Buyer places the order.

The sale prices may be modified by Brand Store at any time. This modification will be notified to the Buyer before any order.

In some cases, these prices do not include shipping/delivery/transportation costs billed, in addition to the price of the purchased products and, in general, any other specific cost indicated during the order validation.

Shipping costs will be indicated before the buyer registers the order. The different shipping methods are provided below in the General Terms and Conditions, and Brand Store may modify them at any time. In addition, Brand Store advises all Buyers to regularly check the General Terms and Conditions displayed on the Site.

The prices include the value-added tax (hereinafter, "VAT") applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the price of the products sold by Brand Store on the site.

 

 

2.2 PRODUCT FEATURES AND AVAILABILITY

The buyer can, before placing their order, read on the site the essential features of the product they wish to order. The buyer can select one or more products from the different categories offered on the site. The offers presented by Brand Store are valid while they are advertised on the site and within the limits of available stock. Brand Store may modify the range of products for sale on the site at any time based on limitations related to its suppliers. Information on product availability is provided to the buyer when placing their order. Any product that is out of stock cannot lead to order validation. Brand Store reserves the right to cancel any order that does not comply with the terms and conditions outlined. Brand Store reserves the right to cancel any order due to unavailability or any cause preventing the proper handling of the order.

2.3 ORDER

To place an order, the buyer must create a customer account or place the order as a "GUEST." In both cases, the buyer must provide personal data. To create a customer account, the buyer must complete all fields marked with an asterisk, without the obligation to fill in optional fields. To validate their customer account, the Buyer must register and confirm a password. This password is strictly confidential, and the buyer agrees to inform Brand Store of any theft of their password and/or customer account.

To place the order, the Buyer must also provide the following information:

• The postal address (one for the delivery address and another for the billing address if it is different from the former).

• A phone number

The Buyer guarantees the sincerity and truthfulness of the information provided and releases Brand Store from any liability for the inaccuracy of the information provided. The Buyer will have personal information in the account section.

The Buyer has the opportunity to check the details of their proposed order and correct any errors until the order is confirmed. After checking the contents of their order in the shopping cart, the buyer can confirm their order by clicking the "Buy" button.

The Buyer will definitively validate the sale by making the payment. It will be considered that the buyer has accepted the current General Terms, prices, volumes, characteristics, quantities, and delivery times of the products offered for sale and requested by them.

 

 

An order confirmation will be sent by email to the Buyer.

The order confirmation will be sent to the email address indicated by the buyer when placing the order.

Brand Store recommends that the buyer keep this email in a durable medium. In case of legitimate reasons and, in particular, in the cases mentioned below, Brand Store reserves the right to cancel or refuse any order from a buyer, without such cancellation or refusal giving rise to the payment of damages and/or costs other than the refund of any amount paid by the buyer when placing such order.

Examples that may lead to order cancellation:

• The billing and/or delivery information of the buyer is incorrect or cannot be verified.

• There is a dispute related to a previous order with the buyer.

• The order includes one or more unavailable products.

• The product is not suitable for sale.

• The order placed by the buyer is recognized as an unusual order, susceptible to fraud, or made for commercial purposes.

3. PAYMENT

3.1 PAYMENT TERMS

The accepted payment methods to date are those accepted by the Redsys payment gateway. All bank charges are the responsibility of the Buyer, even in case of refund. The Buyer declares to be fully authorized to use the chosen payment method. Gift cards and store credits are not valid on the Site.

3.2 SECURITY OF PAYMENT OPERATIONS

Brand Store commits to using the most efficient encrypted and secure payment and transmission methods available in current technology. No payment information is stored; financial transactions take place on the bank interface of its partner HIPAY. For any payment made with a credit card, the partner uses the 3D Secure procedure, depending on each bank.

3.3 PAYMENT INCIDENTS

Brand Store reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in case of non-payment or partial payment of any amount that may be owed by the Buyer, in case of payment incident, fraud, or attempted fraud, even in the case of subsequent orders.

3.4 LATE INTEREST

Any amount not paid on the due date will automatically accrue interest at the legal rate, which will be automatically charged to the customer's account.

4. DELIVERY

Our delivery times are directly linked to the transport company we select to ensure efficient service. It is important to mention that shipments are not made on weekends or holidays, as part of our delivery policy.

It is relevant to note that there are some areas, mainly due to their geographical location, where the delivery process may extend beyond the standard 48-hour period. This variation may be due to logistical factors beyond our direct control, but we strive to keep our customers informed of any possible delays.

We appreciate your understanding and cooperation as we continuously work to optimize our processes and provide a reliable and satisfactory delivery service.

4.1. SHIPMENTS

At Brand Store, we are dedicated to providing an exceptional shopping experience, and an integral part of that experience is our shipping and returns policy.

Here is a detailed overview of how we handle these aspects to ensure your complete satisfaction:

We offer various shipping options, including pickup point delivery and home delivery. Shipments to a pickup point will be covered by Brand Store. Home deliveries will be the customer's responsibility, and costs will be calculated during the purchase process.

7. LEGAL RIGHT OF WITHDRAWAL

7.1 EXERCISE OF THE LEGAL RIGHT OF WITHDRAWAL

In accordance with articles L221-18 and following of the Consumer Code, the Buyer has a period of fourteen (14) natural days from the day following the receipt of the package containing the products ordered by themselves or by a third party other than the carrier, to inform Brand Store of their desire to exercise their right of withdrawal without giving any reasons.

After this period, the Buyer can no longer exercise their legal right of withdrawal.

In the case of an order for several products subject to separate delivery, the fourteen (14) day period will be counted from the day following the receipt, by the Buyer or the recipient of the order, of the package, including the last product ordered.

The Buyer can express their desire to withdraw, without indicating the reason, directly through the "Returns" tab of their customer account by completing the withdrawal form. Once the form is completed, Brand Store will immediately send an acknowledgment of receipt of the withdrawal to the Buyer via the email address provided.

The Buyer must follow the following procedure:

• They must request the return by email to info@brand-store.es

Indicate the order number and the name of the order holder with which the reservation was made.

7.2 RETURN OF PRODUCTS:

The Buyer must return the product in question without undue delay and, in any case, no later than fourteen (14) days from the day Brand Store was informed of the decision to withdraw.

7.3 RETURNS:

Before proceeding with a return, it is vital to verify that your order meets the following requirements:

The product must not have been used.

It must be returned in the same condition as it was sent.

Returns will not be accepted if there are stains, tears, or any damage that prevents its sale.

The return period is 14 natural days from the receipt of the product.

 

 

7.4 RETURN COSTS:

Details on return costs:

In our commitment to providing you with a transparent and fair shopping experience, we want to explain in detail our policy regarding the costs associated with return shipping. Here is more extensive information:

1. Buyer's Responsibility:

According to our policy, we want to emphasize that the buyer is responsible for covering the costs associated with the return shipping. This means that when deciding to return an item, the buyer must bear the expenses related to the return, which will be deducted before processing the refund.

If the customer wants to make a return, they can do so within a maximum period of 14 natural days from the receipt of the package. The customer must send an email requesting the return to info@brand-store.es. Once the return request is made, Brand Store will send a shipping label, which must be placed on the package, and the customer must ensure that it meets the requirements for return.

The product must not have been used.

It must be returned in the same condition as it was sent.

Returns will not be accepted if there are stains, tears, or any damage that prevents its sale.

Upon receiving the product at our facilities and verifying that everything is correct, we will process the corresponding refund, deducting the shipping cost.

Our intention is to provide a clear and understandable return policy, where each aspect is explained in detail. We appreciate your understanding and collaboration in this process. If you have any additional questions or need more information, feel free to contact us.

8. LEGAL WARRANTIES

All products supplied by Brand Store benefit from the legal conformity guarantee provided for by Articles L217-4 and following of the Consumer Code and the legal guarantee provided for by Articles 1641 and following of the Civil Code. When acting under a legal conformity guarantee, the consumer:

- Benefits from a period of two years from the delivery of the goods to take action.

- Can choose between repairing or replacing the goods under the conditions of cost provided for in Article L217-9 of the Consumer Code.

- Is exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods. The legal conformity guarantee applies regardless of any commercial warranty granted. The consumer may decide to exercise the warranty against hidden defects in the thing sold in the sense of Article 1641 of the Civil Code and in this case, the buyer may choose between canceling the sale or a price reduction in accordance with Article 1644 of the Civil Code.

9. COMMERCIAL POLICY

9.1 ONLINE PURCHASE AND RETURN

The Buyer may, within fourteen (14) natural days following the date of receiving their order, return part or the entire order. In the case of orders with multiple products subject to separate delivery, the period will be counted from the day following the receipt, by the Buyer or the recipient of the order, of the package containing the last requested product. To do this, the buyer must go to the contact page, fill out the form, and explain the reason for the return.

The Buyer must return the product in its original, unused condition. Any returned product, especially if incomplete, damaged, worn, dirty, or unsuitable for resale as new, cannot be refunded to the Buyer as the product's depreciation results from handling other than necessary to establish its nature, characteristics, and proper functioning.

In case of a return by the Buyer, Brand Store will refund all payments received from them, including shipping costs (excluding additional costs resulting from the fact that the Buyer has chosen, if applicable, a delivery method other than the standard and most economical method offered by Brand Store), without undue delay and, in any case, once Brand Store receives the goods. The refund will not incur any cost to the Buyer. Refunds are made to the buyer using the payment method used when making the purchase.

10. CUSTOMER SERVICE

For any questions, complaints, or information about one of their orders, Brand Store provides the following email address: info@brand-store.es

11. INTELLECTUAL PROPERTY

All texts, comments, works, illustrations, and images reproduced on the site, as well as on associated pages (such as blogs and social media), are the exclusive property of Brand Store, the sole holder of intellectual property rights over these documents. Any total or partial reproduction of the Site is strictly prohibited and may constitute a counterfeiting offense. The brands distributed by Brand Store are registered trademarks. Reproduction, imitation, use, placement, deletion, or modification of a registered trademark constitutes a counterfeiting offense.

12. LIABILITY

Brand Store has a duty of means for all stages of order processing, as well as for the stages following the conclusion of the sales contract. Brand Store's liability under the obligations of the General Terms cannot be incurred in case of non-compliance with its obligations due to the action of a third party, even if foreseeable, the fault of the buyer, or the occurrence of force majeure. Brand Store is not responsible for inconveniences or damages inherent in the use of the Internet network, especially in case of service interruption, external intrusion, presence of computer viruses, or any event qualified as force majeure. In such circumstances, Brand Store will have additional time to fulfill its obligations, and no compensation can be claimed.

13. SIGNATURE AND PROOF

The use of the buyer's identifier and/or password, the provision of the credit card number, and the final validation of the order will constitute proof of their identity, payment of the order, and the amounts involved. Brand Store is not responsible, in any case, for the fraudulent use of this information, reminding the Buyer that it is their responsibility to maintain the security of their online transactions, for example, by not disclosing their identifier and/or password.

14. CONTRACT ARCHIVING TERMS

The archiving of purchase orders and invoices is done on a reliable and durable medium that corresponds to a faithful and lasting copy.

15. WAIVER

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

16. LAW AND APPLICABLE LAW

The General Terms of Sale are subject to Spanish law subject to the mandatory rules of the Buyer's country of residence. The competent court in case of litigation will be that of the domicile of the defendant or, at their choice, that of the actual place of delivery of the product.

 

Under no circumstances does Brand Store offer any guarantee of compliance with local legislation that will apply when accessing the Site from other countries. In case of dispute, an amicable solution will be sought with priority over any legal action. For this, the Buyer can first contact Brand Store's customer service using the following contact information: info@brand-store.es

If an amicable solution is not reached directly with Brand Store, the buyer is informed of the possibility of initiating, if they wish, an alternative dispute resolution procedure or a procedure before the competent courts. In accordance with the provisions of the Consumer Code regarding the "mediation process in consumer disputes," the customer has the right to use the mediation service offered free of charge and independent of Brand Store.

Trending Shoes MP S.L

Paseo Ermita del santo 40

28011 

Madrid

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