Terms of service

Terms and Conditions Fernando de Cárcer

1.- Introduction

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We inform you that this Web Site www.fernandodecarcer.comhereinafter referred to as "Web Site" o "website" is owned by LESLIE TASMANIA SL (hereinafter, the "Company" o "Fernando de Cárcer") with TAX ID B-42852624registered office atCalle José Echegaray 8, Floor 2, Premises 2, 3, 4

The Web Site allows Fernando de Cárcer to offer its textile products to consumers online.

The condition of user (hereinafter, "User" or "Users") is attributed to the individual who accesses, navigates or uses the Website in any of its aspects.

2 .- General information about the owner of the Website

  • Owner: LESLIE TASMANIA SL

  • C.I.F: B-42852624

  • Registration data: Registered in the Mercantile Registry of Madrid, Volume 32481, Book of Companies, folio 156, inscription with a sheet M-584667.

  • Registered Address: Calle José Echegaray 8, Planta 2, Local 2, 3, 4.

  • Contact: (+34) 917 52 33 07 / fernando@fernandodecarcer.com

3.- Competent Jurisdiction and Applicable Law

This Web Site is governed by the legislation in force in Spain. The present conditions of purchase apply to any of the consumers who obtain products from this Web Site. By accessing or making use of the Website, it is presumed that the User is of legal age and with full capacity to act independently. The contracting of any service through the Website is understood as an express acceptance by the User of these terms and conditions.

In the event that any User makes fraudulent or harmful use within the Website, the Company reserves the right to block, delete or modify their profile without prior notice or compensation for damages.

For any dispute that may arise in the interpretation and application of these Terms and Conditions, to the extent permitted by law, both the User and the Company expressly submit to the jurisdiction of the Courts and Tribunals of Madrid city, waiving their own jurisdiction if any.

The present Conditions of Purchase are subject to Spanish law. The parties, in accordance with the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the place of residence of the User.

4.- Information about products

This Web Site allows Fernando de Cárcer the retail sale of its textile products.

The data included in the Web Site in the descriptions of the Products have a merely informative function.

Therefore, Fernando de Cárcer declines any responsibility for the appearance of errors in said information, although it undertakes to take all measures within its power to correct the referred errors or omissions as soon as possible after having been informed of them.

5.- Operation of the Web Site.

The Website makes available to Users the purchase of the Products offered therein:

Purchase of Products in Stock: The Website will indicate those Products that are available in Stock, and therefore users can purchase at the time they wish to buy them.

Purchase of Products out of Stock: The Website will indicate the Products that are out of Stock, and will offer, as far as possible to the user, the possibility of being informed when the Products are available, or to reserve the same so that he/she can proceed to purchase them.

Pre-order of products: The Company will offer the possibility to purchase certain garments in advance in products of new seasons and offers for loyal customers. These possibilities will be communicated through the email provided by the User when registering.

Suggestions of purchase: Those Users with registration in the web page, will obtain by means of e-mail personalized suggestions of products based on their previous purchases and their interactions in the Web.

6.- User Account

The Website offers Users the possibility of creating an account through an online form that must be completed with the data required therein.

Express acceptance of these terms and conditions will be required when completing the registration form. In addition, by accepting, the other legal precepts established in the rest of the Website, such as the Legal Notice (link), the Privacy Policy (link) and the Cookies Policy (link) will be presumed to be understood and accepted.

Users shall have full responsibility for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the User name and/or passwords, as well as all data that allow access to your account, and agree not to transfer its use to third parties, either temporarily or permanently, or to allow access to third parties.

By virtue of the above, Users must immediately notify Fernando de Cárcer by e-mail: fernando@fernandodecarcer.com any improper use of their User name and/or password, due to circumstances such as theft, loss or unauthorized access to them, so that Fernando de Cárcer can proceed to its cancellation or blocking and/or disabling as soon as the improper use of their User Account is known. As long as such facts are not communicated, Fernando de Cárcer will be exempt from any liability that may arise from the misuse of user names or passwords by unauthorized third parties.

7.- Conduct of the Users in the Web Site.

Users agree to make a lawful, diligent, honest and correct use of any information or content accessed through the Website, and all this under the principles of good faith and respecting at all times to the law and these Terms of Purchase.

In particular, but without limitation, Users shall not:

i. Register or communicate data that are not true, accurate, complete and/or updated, or access the Website using the name, identification data or password of another User or impersonate any person or identity.

ii. Use the Website for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind.

Fernando de Cárcer reserves the right to deny any attempt to access the Website, cancel accounts, delete/modify content, or cancel the provision of Services in cases of misuse of the Website.

8.- Orders and conditions of sale

Fernando de Cárcer carries out orders for the whole national and international territory.

Under no circumstances will Fernando de Cárcer intentionally offer for sale more products than it has available. In the event that the Product is not available after the order has been placed, the User will be informed, offering the possibility of delaying delivery or replacing the Product with a similar one, or failing that, refunding the amount paid.

9.- Prices and method of payment

All prices of the Products indicated on the Website are expressed in Euros and include VAT and any other taxes that may apply.

The User will receive the Product at the postal address provided by the User in the purchase process. The cost of shipping is not included in the price of the Products. Prior to the purchase of the Product, the User will be informed of the exact shipping cost.

The User will be able to pay the amount corresponding to his order by the means of payment accepted on the Website: Payment by credit or debit card, Paypal, ApplePay and any other secure means provided.

Once the purchase is completed by the User, Fernando de Cárcer will send an email to the User, confirming the details of the purchase made. This email will assign a reference code of the purchase, and will detail the characteristics of the Product, its price, shipping costs and the details of the option chosen to make the payment of the Products purchased, as well as the corresponding invoice or receipt once the order has been formalized, that is, after the acceptance of these Conditions of Purchase and the corresponding payment.

Users are guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services.

The User must notify Fernando de Cárcer of any undue or fraudulent charge in the payment method used for purchases, by sending an email to: fernando@fernandodecarcer.com in the shortest possible time so that the Company can carry out the opportune managements.

10.- Deadlines, place of delivery and losses

10.1. Preparation of the Product for Delivery

Fernando de Cárcer undertakes to prepare, for subsequent shipment, the Product for delivery within the national territory, within 24 to 72 working hours. This means: confirming the product by e-mail, locating the product in stock and proceeding to its packaging.

In order to optimize the delivery, we thank the User to indicate an address where the order can be delivered within the usual working hours and without setbacks.

International shipments will also be prepared within 48 to 72 hours.

In none of the cases there will be any responsibility on the part of the Company for any delay caused by force majeure or causes beyond the Company's control.

Fernando de Cárcer will not be responsible for errors caused in the delivery when the delivery address entered by the User in the order form is inaccurate, does not conform to reality, is false or has been omitted.

Likewise, in the event that the delivery is international, Fernando de Cárcer will not be responsible for any payment corresponding to customs or additional charges for the shipment of the product other than those already covered by the Company.

Notwithstanding the foregoing, Fernando de Cárcer undertakes to adopt such measures as are within its power, so that the delivery of orders can be made within the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.

10.2. Delivery time and notification

The national User will receive the Product purchased through the Website within a maximum of five working days from the confirmation of the order.

The EU (European, excluding Spain) and international User will receive the Product purchased through the Website within a maximum of 7 to 20 working days from the confirmation of the order.

The User must take into account that on certain dates and periods of the year (holidays such as Christmas, Easter, blackfridayetc.) the delivery time of the shipments could be affected by the saturation of the means of transport. Therefore, it is recommended to reserve and / or purchase the items of interest, well in advance to reach their destination on the dates desired by the user.

Fernando de Cárcer informs you that it will not make deliveries on Saturdays and Sundays or on national holidays or holidays of each Community, or on those days that coincide with local holidays that could affect the related transport activities.

In the event that the User cannot be located at home, Fernando de Cárcer will not be responsible for the correct receipt of the Product, and the Customer must contact the company responsible for the shipment and agree on a new meeting point.

As previously mentioned in section 7 of these Conditions of Purchase, shipping costs are not included in the price of the Products. However, the User will be informed prior to the purchase of the Product which is the final price including it.

10.3. Diligence in the delivery

The User must check the good condition of the package with the carrier that delivers the Product ordered.

If the User detects any anomaly in the Product, he/she must indicate it in the delivery note and in turn, communicate it to Fernando de Cárcer by e-mail to the following address: fernando@fernandodecarcer.com.

10.4. Shipping prices

Free shipping for orders over 150€.

For shipments under 150€:

RATES AND ZONES:

ZONE 1 - 5 € (Spain and Portugal)

ZONE 2 - 10 €: (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Romania, San Marino, Slovakia, Slovenia, Sweden, Switzerland, United Kingdom, United Kingdom)

ZONE 3 - 25 €: (USA)
ZONE 4 - 40 €: (South Korea, Japan, Australia, New Zealand, India, Mexico, Brazil, Argentina,Russia, Kazakhstan and Hong Kong).

ZONE 5 - 40 €: (Canada and Turkey)

OTHER ZONESIf you want to purchase one of our products and it is not in this list, please contact us through the following e-mail address: fernando@fernandodecarcer.com and we will offer you a solution tailored to your needs.

11.- Withdrawal and Returns

11.1. Returns for manufacturing defects on the Product

In cases where you consider that, at the time of delivery, the product does not conform to the contract, you should contact us immediately through our customer service contact channel: fernando@fernandodecarcer.comproviding the details of the product, as well as the damage it is suffering, and the details corresponding to the Customer, or by calling us on the following telephone number (+34) 917 52 33 07 where we will tell you how to proceed.

During the warranty period, the User may return to Fernando de Cárcer, free of charge (except for shipping costs), any Product that presents a manufacturing defect, either in the physical store (c/villalar 3, Madrid, 28001, Madrid), or by initiating a procedure by telematic means (through our returns portal): https://fernandodecarcer.shipping-portal.com/rp/

To access the returns portal, the customer must log-in with the same email address used for the purchase. Once the log-in is done, a confirmation email will be sent to your email address with the necessary link to start the return process.

The product can be returned by following the instructions below, which will also be provided by phone call or email:

  1. First the return will be confirmed by the Company using the means established above (via the returns portal).

  2. The customer will be able to contract from the returns portal a service to pick up the package at his home address. If the return is due to the receipt of an incorrect product and / or had any defect, this collection service will be free for the customer.Alternatively, this delivery may be made in person at the address provided (Calle Villalar 3 - Local).

  1. Once we receive the garments to be returned, we will proceed to carefully examine the returned product and we will inform you by e-mail, within a reasonable period of time, whether the refund or replacement of the same (if applicable). For returns in store, we will examine it at the time and communicate the verdict about the state of the product at the time.

  2. If the Product is returned by post or courier, the refund or replacement of the Product will be made as soon as possible and in any case within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming product is appropriate.

  3. The refund will be made in the same payment method used to pay for the purchase.

  4. The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be refunded in full, excluding delivery costs incurred to deliver the product to you.

Each product to be returned must be unused and with all its labels, packaging and, where appropriate, documentation and original accessories that came with it. If the Product is not returned in its original packaging, Fernando de Cárcer reserves the right to refuse the return process and/or refund.

In any case, the rights recognized by the legislation in force remain unaffected.

11.2. Return Policy: Possibility of exercising the right of withdrawal of the Products and Policy Changes

  1. In the event that the User is not satisfied with the Product received in your order, in accordance with the General Law for the defense of Consumers and Users, shall have a period of 14 calendar days to return itwithout penalty and without the need to indicate the reasons, for another product or for a voucher for the value of the returned product.

  2. The User, when returning the Product, must bear the direct cost of returning his order and must keep the original packaging of the product.

  3. To formalize the return, the User must access the returns portal (https://fernandodecarcer.shipping-portal.com/rp/) and indicate the reason for the return (size change, withdrawal, incorrect product, product in poor condition, or other).

Once this communication has been received, if it has not been made physically, Fernando de Cárcer's customer service team will contact the User to establish how to proceed and make the return.

Each Product to be returned must be in perfect condition, unused and with all its labels, packaging and, where appropriate, documentation and original accessories that came with it. If the Product is not returned in its original packaging, Fernando de Cárcer reserves the right to refuse the return process and/or refund.

The Product will be shipped using the Customer's preferred method (postal mail or courier service). Although the customer may hire through the returns portal (https://fernandodecarcer.shipping-portal.com/rp/) a collection with our usual shipping provider.

4. Once the Product has been received and the delivery conditions of the Product have been checked, Fernando de Cárcer will proceed to confirm the return by e-mail and to pay the amounts paid as soon as possible and within 14 calendar days of receipt of the Product in the warehouses of the Company.

If the Product has been received in person, including the withdrawal form, it will be examined on the spot and the refund will be processed within 72 working hours.

If a refund has been authorized, it will be made by the same method of payment used to purchase the Product, regardless of the method of return.

5. In the event that the User decides to to exchange the Product he/she has purchased for another oneFor this purpose, the customer may also hire a courier service of his choice or use the usual shipping provider of Fernando de Cárcer.

If not done in person, once the email is received, Fernando de Cárcer will proceed to verify whether the Product for which the User wants to make the change is available.

As soon as such availability is verified, Fernando de Cárcer will contact the User to indicate the availability of the Product that the User has requested, as well as the delivery time of the new Product. The delivery time of the new Product will depend on the actual availability of the Product in the warehouse.

In the event that the Company confirms to the User the availability of the Product for which the exchange will be made, the User must send to the address of Fernando de Cárcer (Calle Villalar 3 - Local), by its preferred means (postal mail or courier service), the initial Product so that it can be verified that it is in perfect condition.

Each Product to be exchanged must be in perfect condition, unused and with all its labels, packaging and, where appropriate, documentation and original accessories that came with it. If the Product is not returned in its original packaging, Fernando de Cárcer reserves the right to refuse the return process and/or refund.

The User may exchange the Product free of charge, with the exception of shipping costs, provided that the product has the same value.

In the event that there is a variation in the price of the new Product, the full price of the new product will be charged through the payment method indicated by the Customer and the price initially paid will be refunded within a maximum period of 14 working days from the date of purchase. maximum period of 14 working days from the receipt of the product in the warehouse.

Download Cancellation Form

13.- Exclusion of responsibility

Fernando de Cárcer does not grant any guarantee and is not responsible, in any case, for damages of any nature that may arise from access or use of the contents of the Web Site. Among others, and by way of example and not limitation, the Company is not responsible for the following circumstances:

i.For manufacturing defects in the Products purchased by Users.

ii.The lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website.

iii. The lack of usefulness of the Web Site or the contents for any service.

iv.The content of other Internet pages to which links or links placed on the Web Site may be directed.

v. The existence of viruses, malicious or harmful programs on the Web Site.

vi.Of the illicit, negligent, fraudulent use, contrary to the present Conditions or to the good faith, of the Web Site or its contents, on the part of the Users, including any infraction of the Intellectual and/or Industrial Property rights of Fernando de Cárcer or of third parties.

vii.Incidents caused by the lack of due diligence on the part of the User or by the improper use of the Web Site.

viii.For the publication through the Web Site of comments and opinions that infringe the rules mentioned in these Terms and Conditions, the applicable legislation or the rights of third parties.

ix.Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website as a consequence of energy restrictions, blockage of telecommunications or the Internet network, actions or omissions of third parties, telecommunication operators or service, supply or transport companies or any other causes or circumstances beyond the Company's control that prevent the normal use of the Website.

14.- Hyperlinks

The Web Site may contain hyperlinks that allow the User to access third party Web pages. Fernando de Cárcer assumes no responsibility for the content, information or services that may appear on such sites, which shall be understood to be offered exclusively for information purposes by the Company and which in no case imply any relationship, acceptance or endorsement between the Company and the persons or entities owning such content or the owners of the sites where they are located.

15.- Complaints

To file claims in the use of our services, you can contact us by e-mail, with the necessary data (name, identity document, specific claim) using the following e-mail address:fernando@fernandodecarcer.comand both parties agree to seek an amicable solution to the conflict.

Likewise, Users have available a European platform to resolve B2C disputes, which can be found through the following link: http://ec.europa.eu/consumers/odr/.

16.- Legal Guarantee

The User must expressly accept these Terms and Conditions, in addition to the other legal guarantees set out on the Website in order to carry out any action to purchase Products through the Website.

Likewise, the Company is responsible for clarifying the rights of purchase, use, and withdrawal of the consumer in the corresponding invoices, as well as to collaborate, to the greatest extent possible, with any claim, purchase process, exchange or return.

17.- Modifications

Fernando de Cárcer reserves the right to make as many changes as it deems appropriate in these Conditions of Purchase, in which case they will be communicated, assoon as possible,toUsers whose information is in the database of the Company.

These modifications will be valid as soon as they are published on the Website.

All the clauses or extremes of these conditions of use must be interpreted independently and autonomously, not being affected the rest of the stipulations in case thatone of them has been declared null by judicial sentence or firm arbitration resolution.

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The affected clause or clauses shall be replaced by another or other clauses that preserve the effects

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