Terms of service

Terms and Conditions Fernando de Cárcer

1.- Introduction

We inform you that this Website www.fernandodecarcer.com, hereinafter, “Website” or “web page” is owned by LESLIE TASMANIA SL (hereinafter, the “Company” or “ Fernando de Cárcer”) with NIF B-42852624 registered office at Calle José Echegaray 8, Floor 2, Local 2, 3, 4

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

The status of user (hereinafter, “User” or “Users”) is attributed to the individual who accesses, browses or uses the Website in any of its aspects.

2.- General information about the owner of the Website

• Owner: LESLIE TASMANIA SL
• C.YoF: B-42852624
• Registration data: Registered in the Commercial Registry of Madrid, Volume 32481, Companies Book, folio 156, registration with page M-584667.
• Registered Address: Calle José Echegaray 8, Floor 2, Local 2, 3, 4
• Contact: (+34) 917 52 33 07 / fernando@fernandodecarcer.com

3.- Competent jurisdiction and applicable law

This Website is governed by the legislation in force in Spain. These purchase conditions apply to any of the consumers who obtain products from this Website. By accessing or using the Website, it is presumed that the User is of legal age and has 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 compensate for damages or damages.

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

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

4.- Product information

This Website allows Fernando de Cárcer to retail his textile products.

The data included on the Website in the descriptions of the Products have a purely informative function.

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

5.- Operation of the Website.

The Website makes available to Users the acquisition of the Products offered on it:

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

Purchase of products out of Stock: The website will indicate the Products that are out of Stock, and will offer, to the extent possible, the user the possibility of being informed when the Products are available, or reserve them so that you can proceed with your purchase.

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

Purchase suggestions: Those Users with registration on the website will obtain personalized product suggestions by email based on their previous purchases and their interactions on 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. Furthermore, by accepting, you will be presumed to have understood and accepted the other legal provisions established in the rest of the Website, such as the Legal Notice (link), the Privacy Policy (link) and the Cookies Policy (link).

Users will 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 allows access to their account, and undertake not to transfer its use to third parties, whether temporary. or permanent, nor to allow access to third parties.

By virtue of the above, Users must immediately notify Fernando de Cárcer via email: fernando@fernandodecarcer.com any misuse of their User name and/or your password, due to circumstances such as theft, loss or unauthorized access to them, so that Fernando de Cárcer can proceed to cancel or block it and/or disable it as soon as it becomes aware of the improper use of your password. User account. As long as such facts are not communicated, Fernando de Cárcer will be exempt from any liability that may arise from the improper use of User names or passwords by unauthorized third parties.

7.- User Conduct on the Website.

Users undertake to make lawful, diligent, honest and correct use of any information or content they have access to through the Website, and all of this under the principles of good faith. and respecting at all times current legislation and these Purchase Conditions.

In particular, but without limitation, Users must not:

1. Register or communicate data that is not true, accurate, complete and/or updated, nor access the Website using the name, identification data or password of another User or impersonate any person or identity.
2. Use the Website for fraudulent purposes, or related to criminal offenses or illegal 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 where results in incorrect use of the Website.

8.- Orders and conditions of sale

Fernando de Cárcer places orders for the entire national and international territory.

In no case will Fernando de Cárcer intentionally put more products on sale than he has available. In the event that the Product is not available after the order has been placed, the User will be informed, offering them the possibility of delaying delivery or replacing the Product with a similar one, or failing that, returning the amount paid.

9.- Prices and payment method

All prices of the Products indicated through the Website are expressed in Euros and include VAT and 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 purchasing the Product, the User will be informed of the exact shipping cost.

The User may pay the amount corresponding to their order using the payment methods accepted on the Website: Payment by credit or debit card, Paypal, ApplePay and any other secure means provided. .

Once the purchase has been completed by the User, Fernando de Cárcer will send an email to the User, confirming the details of the purchase made. Said email will assign a purchase reference code, and will detail the characteristics of the Product, its price, shipping costs and the data of the option chosen to make payment for the purchased Products, as well as the corresponding invoice or receipt. once the order has been formalized, that is, after acceptance of these Purchase Conditions 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 improper or fraudulent charge in the payment method used for purchases, by sending an email to: fernando@fernandodecarcer.com in the minor possible period of time so that the Company can carry out the appropriate procedures.

10.- Deadlines, place of delivery and loss

10.1 Preparation of Product for Delivery

Fernando de Cárcer undertakes to prepare, for subsequent shipment, the Product for destination within the national scope, within a period of 24 to 72 business hours. This means: confirm the product by email, locate the product within the Stock and proceed with its packaging.

In order to optimize delivery, we thank the User for indicating an address to which the order can be delivered within normal business hours and without setbacks.

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

In no case will there be liability on the part of the Company for any delay caused by force majeure or causes beyond the control of the Company.

Fernando de Cárcer will not be responsible for errors caused in delivery when the delivery address entered by the User in the order form is imprecise, does not correspond 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 shipping the product other than those already covered by the Company.

Without prejudice to the above, Fernando de Cárcer undertakes to adopt those measures within its reach, so that the delivery of orders can be made within the agreed time, and if not be so, as soon as possible, to the satisfaction of the recipient.

10.2 Delivery and notification period

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

The community (European, excluding Spain) and international User will receive the Product purchased through the Website within a maximum period of 7 to 20 business 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, Black Friday, etc.) the delivery time of shipments could be affected by the saturation of the means of transportation. Therefore, it is recommended to reserve and/or purchase the items of interest, sufficiently in advance so that they arrive at their destination on the dates desired by the User.

Fernando de Cárcer informs you that he will not make deliveries on Saturdays and Sundays or on national holidays or those of each Community, nor on those days that coincide with local holidays that could affect the related transportation activities.

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

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

10.3 Diligence in delivery

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

If the User detects any anomaly in the Product, they must indicate it on the delivery note and, in turn, notify Fernando de Cárcer by email to the following address: fernando@fernandodecarcer.com .

10.4 Shipping prices

Free shipping for orders over €150.

For shipments less than €150:

RATES AND ZONES:

ZONE 1 - €5 (Spain and Portugal)

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

ZONE 3 - €25: (USA)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 AREAS: If you want to purchase one of our products and it is not on this list, please contact us through the following email address: fernando@fernandodecarcer.com and we will offer you a solution tailored to your needs.

11.- Withdrawal and Returns

11.1 Return Policy: Possibility of exercising the right of withdrawal of the Products and Exchange Policy

1. In the event that the User is not satisfied with the Product received in their order, in accordance with the General Law for the defense of Consumers and Users, they will have a period of 15 calendar days to return it, without any penalty (excluding costs derived from shipping and return by courier contracted through the Returns Portal), for another product or for a voucher for the value of the returned product, or request a refund.
2. The User, when returning the Product, must bear the direct cost of returning their order and must keep the original packaging of the product, as well as their labels. .
3. To formalize the return, the User must access the returns portal (https://return.iflastmile.com/fernandodecarcer) and indicate the reason for the return (size change, withdrawal, incorrect product, defective product state, or other)
4. Once said communication is received, if it has not been done physically, the Fernando de Cárcer customer service team will contact the User to establish the way to proceed and carry out the return.
5. Each Product to be exchanged/returned must be in perfect condition, unused and with all its labels, packaging and, where applicable, documentation and original accessory elements that came with it. If the Product is not returned in its original packaging, Fernando de Cárcer reserves the right to reject the return process and/or refund.
6. The Product will be shipped using the Customer's preferred method (postal mail or courier service). Although the customer may contract a shipment with our usual supplier through the returns portal (https://return.iflastmile.com/fernandodecarcer).
7. Once the Product has been received and the delivery conditions of the Product have been verified, Fernando de Cárcer will proceed to confirm the return by e-mail and pay the amounts paid as soon as possible. and within 14 calendar days following receipt of the Product in the Company's warehouses.
8. If a refund has been authorized, it will be made using the same payment method used to purchase the product, regardless of the way the return is made. If payment for the order was made by gift card, the amount will be refunded to the gift card. If payment has been made partly with a gift card and partly with a bank card, the amounts drawn on the gift card will be refunded first.
9. In the event that the User decides to exchange the Product they have purchased for another, they must access the returns portal (https://return.iflastmile.com/fernandodecarcer) and indicate that the reason for returning the product is to make a size or model change.To do this, the customer may also hire a courier service of their choice or use the usual Fernando de Cárcer shipping provider. The costs derived from product or size changes will be free for the customer.
10. The customer may also process the exchange or return in our physical store (Calle Villalar 3, 28001, Madrid), depositing the garments there and indicating if they wish to make a product change (indicating model and size) of the same value, issuance of a gift card or refund.
11. After deposit in the store, our team will send the garments along with the corresponding request to the online offices, which will check that the garments are in good condition and have not been used and keep the original labels. It will also be checked if the garment has been deposited within the expected period in the store (15 days from receipt of the order) and the right is reserved not to make the requested exchange/refund if it is outside the deadline. In this case, the customer will be able to pick up their order in the store again. Exceptionally, a gift card may be processed for the amount of the returned item.
12. If it is not done in person, once the email is received, Fernando de Cárcer will proceed to verify if the Product for which the User wants to make the change is available. It is recommended to check in the online store if, at the time of requesting the exchange, there is available stock of the garment for which you want to make the exchange.
13. As soon as said availability is verified, the User will be contacted 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 effective availability of the product.
14. In the event that the Company confirms to the User the availability of the Product for which the change will be made, the User must send to the address of Fernando de Cárcer (Leslie Tasmania SL, Calle Recoletos 19, 5 Derecha, 28001, Madrid), by its preferred means (postal mail or courier service), the initial Product so that it can be verified that it is in perfect condition.
15. Each Product subject to exchange must be in perfect condition, unused and with all its labels, packaging and, where applicable, documentation and original accessory elements that came with it. If the Product is not returned in its original packaging, Fernando de Cárcer reserves the right to reject the return process and/or refund. Exchanges or returns of underwear, such as briefs or swimsuits, will not be accepted.
16. The User may exchange the Product for free, as long as the product has the same value.
17. 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 Client and will subsequently be refunded. the price initially paid within a maximum period of 14 business days from receipt of the product in the warehouse.

11.2 Returns due to manufacturing defects on the Product

In cases where you consider that, at the time of delivery, the product does not comply with what is stipulated in the contract, you must contact us immediately at through our customer service contact channel: fernando@fernandodecarcer.com, providing the order and product data, as well as the damage it suffers, and the data corresponding to the Customer, or by calling the number (+34) 917 52 33 07 where we will tell you how to proceed.

During the 30-day warranty period, the User may return to Fernando de Cárcer, free of charge (except for costs derived from shipping), any Product that presents a manufacturing defect. . You can make the return both in a physical store (c/Villalar 3, Madrid, 28001, Madrid), as well as by starting a procedure electronically (through our returns portal): https://return.iflastmile.com/fernandodecarcer

To access the returns portal, the customer must log in using the order number (#XXXX) and the zip code used for the purchase. The customer will be able to choose between several options: Delivery in store, shipping with our courier service, shipping on their own.

The product can be returned following the following instructions, 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 (delivery in store or through the returns portal).
2. The customer may contract a package shipping service from the returns portal, depositing it at any Post office. If the return is due to receipt of an incorrect product and/or or if it has a defect, the shipping resulting from the return will be free. The customer can send the products they wish to exchange/return using a courier service of their choice, sending the package to the following address:
   
   Leslie Tasmania SL, Calle Recoletos 13, Bajo Interior, 28001, Madrid
3. Alternatively, this delivery can be made in person at the address provided (C/Villalar 3 - Local, 28001, Madrid)
4. Once we receive the garments that you wish to return, we will proceed to carefully examine the returned product and we will inform you by e-mail, within a reasonable period, if the refund or replacement is appropriate. of the same (if applicable).
5. If made by mail or courier service, the refund or replacement of the Product will be made as soon as possible and, in any case, within 14 days. on the date on which we send you an email confirming that the refund or replacement of the product is appropriate.
6. The refund will be made in the same payment method that was used to pay for the purchase.
7. The amounts paid for products that are returned due to a defect or defect, when it really exists, will be fully refunded.
8. Each product to be returned must be unused and with all its labels, packaging and, where applicable, documentation and original accessory elements that came with it. If the Product is not returned in its original packaging, Fernando de Cárcer reserves the right to reject the return process and/or refund.
9. In any case, the rights recognized by current legislation remain safe.

12.- Exclusion of liability

Fernando de Cárcer does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from access or use of the contents of the Website. Among others, and by way of example and not limitation, the Company is not responsible for the following circumstances:

1. On manufacturing defects presented by the Products purchased by Users.
2. The lack of availability, maintenance and effective functioning of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for the damages of any kind that may be due to the lack of availability or continuity of the operation of the Website.

iii. Of the lack of usefulness of the Website or the contents for any service.

iv.Of the content of other Internet pages to which links or links placed on the Website may be directed.

1. Of the existence of viruses, malicious or harmful programs on the Website.
2. The illicit, negligent, fraudulent use, contrary to these Conditions or good faith, of the Website or its contents, by Users, including any infringement of the rights of Intellectual and/or Industrial Property of Fernando de Cárcer or third parties.

vii.Of incidents caused by the lack of due diligence on the part of the User or by improper use of the Website.

viii.From the publication through the Website of comments and opinions that violate the rules mentioned in these Terms and Conditions, the applicable legislation or the rights of third parties.

1. Of 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, telecommunications blockage or of the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances independent of the will of the Company that prevent the normal use of the Website.

13.- Hyperlinks

The Website may contain hyperlinks that allow the User to access third-party Web pages. Fernando de Cárcer does not assume any responsibility for the content, information or services that may appear on said sites, which will be understood to be offered exclusively for information purposes by the Company and which in no case imply any relationship, acceptance or endorsement between it and the persons or entities owning such content or owners of the sites where they are located.

14.- Claims

To file complaints regarding the use of our services, you can contact us by email, with the necessary information (name, identification document, specific complaint) using the following email address email: fernando@fernandodecarcer.com, both parties committing to seek an amicable solution to the conflict.

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

15.- Legal Guarantee

The User must expressly accept these Terms and Conditions, in addition to the remaining legal guarantees set forth on the Website to carry out any action to acquire Products through it.

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

16.- Modifications

Fernando de Cárcer reserves the right to make as many modifications as it deems appropriate to these Purchase Conditions, in which case it will be communicated, as soon as possible, to the Users whose information is in the Company's database.

These modifications will be valid from their publication on the Website.

All clauses or extremes of these conditions of use must be interpreted independently and autonomously, and the rest of the stipulations will not be affected in the event that one of them has been declared void. by court ruling or final arbitration resolution.

The affected clause or clauses will be replaced by another or others that preserve the effects