Legal Note

INTRODUCTION

 

These Terms and Conditions (together with the Privacy Policy and our Cookies Policy) establish the conditions governing the use of this website (https://www.espigabag.com) and the purchase of products in the herself. These documents will be available at all times on this website.

 

We ask you to carefully read these Terms and Conditions, our Data Protection Policy and Cookies Policy before using this website.

The following Terms and Conditions regulate the sale of articles presented on the website by the company:

 

Districity Multimarca S.L. with NIF B66558651 and address at C / Bori, 2, Baixos, CP08005, Barcelona.

 

hello@espigabag.com

www.espigabag.com

 

To place an order through this website, you declare that you are over 18 (eighteen) years old and have the legal capacity to enter into contracts, or in case you are a minor, you must have the authorization of your parents or legal representatives to enter into the contract. By placing an order through this website, you declare that you comply with these conditions.

 

These Terms and Conditions may be altered at any time. In the event of this situation, we will post the updates on the website and notify you of the new version of the website.

 

The use of the website as well as placing an order, after Espigabag.com has changed the Terms and Conditions, will be subject to the latest version of the same, which must be accepted before the completion of the order in question.

 

The following Terms and Conditions regulate the sale of articles presented on the website by:

 

 

- Email: hola@espigaag.com

 

 

- Website: https://www.espigabag.com

 

 

When registering on our website, you must ensure that the mandatory information you provide is true and complete. We ask that you inform ESPIGA of any update of your identification data, such as your email, postal address and / or other contact information. Likewise, you agree that we may use said information to contact you if necessary (see our Data Protection Policy). If you do not provide us with all the information we need, we will not be able to process your order.

 

By using this website and placing orders through it, you agree not to make any false or fraudulent orders. If, reasonably, it could be considered that you have made an order of this nature, ESPIGA will have the authorization to cancel said order and inform the relevant authorities.

 

CELEBRATION OF THE CONTRACT

To place an order for one or more items available on the website, you must follow the purchase procedure:

 

Choose the product on the ESPIGA website;

Add the product to the "Cart";

Click on "Pay and confirm order"; You can choose to subscribe to the electronic newsletter or not.

Click on "Pay";

 

After the order is finalized, ESPIGA will send you an email with the "Confirmation of your Order". This automatic email is a proof that indicates the order number, date, delivery and billing address, price of the items, shipping costs, identification of the items and a brief description.

 

Make sure you have verified your purchase before clicking "Checkout and confirm order." Before clicking on "Pay and confirm order", you have the possibility to edit all the information you have provided, such as the shipping or billing address, the payment method, or you can add or change the products in the "Basket" .

 

We will send you the invoice for your order in physical format inside the package with the items you have purchased.

 

In case you have any questions related to your order, you can contact hola@espiga.com.

 

 

II. CREATE AN ACCOUNT

In case you choose to register through the "Create account" option, you will have to fill in the requested information in the available form with the requested information.

 

Name and surname;

Direction;

Country;

Population;

CP;

E-mail;

Telephone;

 

Then you can accept the General Conditions of the site.

 

 PRODUCT AVAILABILITY

All orders are subject to the availability of the products. If there is any difficulty in the supply of products or if there are no items in stock, ESPIGA will inform you about it and we will refund any amount that you may have paid, within a maximum period of 15 (fifteen) days.

 

PRICE, SHIPPING COSTS AND PROMO CODES

The prices on the website include the VAT in force in Spain, but exclude shipping costs that will be added to the total amount.

 

Prices are presented in euros €.

 

However, you can also enter ESPIGA's Spanish website from another geographical location. Keep in mind that if you order from a country outside the European Union it is possible that prices and shipping costs can vary, as they are adjusted to the current price in your country. Other costs like import tax, extra shipping costs or other costs related to the delivery of the product in your country might be applied.

 

Shipping costs also change according to the country and shipping method chosen.

 

We will always inform you, clearly and concisely, and before finalizing your order, the total price of the product, what is included in the price, all taxes, shipping costs and extra transport costs.

 

ESPIGA reserves the right to change prices and shipping costs at any time, but possible changes will not affect orders that have already been processed.

 

Discount codes are codes or codewords such as "Discount voucher" that, for example, may offer you discounts on certain products, on your entire order, or may represent the offer of shipping costs. Discount codes are only valid for purchases on the ESPIGA website and can only be used in the country in which the purchase was made.

 

In order to enjoy discount codes, you must make sure that you entered the code in the correct space when making the payment. If you do not use the discount code at that time, you will not be able to enjoy any promotion in that order, without prejudice to being able to use it in a subsequent order as long as you are under the conditions of use of each discount code.

 

PAY

You can use Visa, Mastercard, or PayPal as a payment method.

 

All orders are processed in EURO (€). In case your bank account is in another currency, the exchange rate used for payment will be automatically calculated by your Bank / Paypal and not by ESPIGA.

 

- Visa, Mastercard cards.

 

To minimize the risk of unauthorized access, your credit card details will be encrypted through the SSL Protocol (Secure Socket Layer) and verified by virtual POS, as explained in the Privacy Policy.

 

When payment is made by credit card, the amount can be withdrawn from the card within approximately 1-2 days.

 

After having selected the credit card payment option, you must enter the necessary information to process the operation, such as the name of the cardholder, the type of card, the number, date and security code of the card and, then, click on "Checkout".

 

Credit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.

 

- Paypal.

 

It is a secure payment method that is used all over the world.

 

In the event that the payment is made with Paypal, the debit will be effective after clicking on "Place Order".

 

DELIVERY

Orders placed through the Spain website can only be delivered in Spanish territory.

 

All orders will be delivered to the address you specified when placing your order.

 

Orders will only be shipped after confirming stock availability and payment. ESPIGA will send the products through an external transport company chosen by ESPIGA. Said transport company may subcontract the service.

 

 

ESPIGA will make its best efforts to fulfill the delivery of the order within 3-15 business days for peninsula Spain, and 10-20 business days for the islands, within the delivery hours of the transport company.

 

Orders will only ship on business days.

 

It should be noted, however, that there may be reasons, which are circumstances beyond ESPIGA's control, in particular events that are "Reasons of Force Majeure", which are described in more detail in point 16, which make it impossible to deliver the order on the date planned.

 

In the event that ESPIGA cannot meet the delivery deadlines of the order, you will be informed of the situation and given the option to continue with the purchase and set a new delivery date, or cancel the order and receive a full refund. of the amount paid within a maximum period of 15 (fifteen) days from the date on which the cancellation of the order is indicated.

 

IMPOSSIBILITY OF DELIVERY

If the company in charge of making the delivery of your order and you are not at the place of delivery at the agreed time, you should contact the carrier to schedule, when possible, a new delivery date.

 

Please bear in mind that, in the event that your order cannot be delivered within the stipulated period, due to a fact that is attributable to it, ESPIGA will reimburse you for the amount paid, except for the shipping costs of the order. and possible expenses related to storage and new delivery attempts.

 

 

RIGHT OF FREE RESOLUTION.

If, for any reason, you wish to return a product, you can do so freely without any type of penalty and without the need to indicate the reason, within a period of 14 (fourteen) days from the day after ESPIGA delivers the order directly. or to a third party authorized by you, other than the carrier.

 

If you wish to exercise your right to freely terminate the contract, you must notify ESPIGA of said intention by means of an unequivocal declaration of termination of the contract, through hola@espigabag.com indicating in the subject "ESPIGA purchase resolution"

 

In the event of submitting the termination request electronically or any other unequivocal declaration of termination of the contract through the website, by email, or by phone, ESPIGA will contact you.

 

You can return your order through:

 

The return shipping costs will be borne by the customer, estimating that the return costs are a maximum of € 10.00 (ten euros) in the Iberian Peninsula, and € 15.00 (fifteen euros) in the Canary Islands and the rest of Europe.

 

In order to make the return, you must keep and present the purchase invoice together with the items, preserve the product in good condition to be able to return it in the appropriate conditions without exceeding the use that is usually allowed in a commercial establishment and that also has the label and, if possible, in the original packaging.

 

ESPIGA will reimburse the amount corresponding to the returned product, without undue delay, and within a maximum period of 14 (fourteen) days from the date ESPIGA has been informed of its decision to terminate the contract, without prejudice to the right that has ESPIGA not to make the reimbursement until the goods have been received, or until the proof of return of the same is presented, depending on which occurs first.

 

ESPIGA makes refunds through the same payment method that you used at the time of ordering; however, if you wish, you can request reimbursement by assigning offer vouchers.

 

ESPIGA may cancel any order or not accept a confirmed order in the event of a technical error and / or an error in the prices or in any data in the products contained in the website at the time of placing the order. ESPIGA will fully refund the amounts paid.

 

 

 

EXCHANGES & RETURNS

 

The changes must be made within a period of 15 (fifteen) days from the purchase.

 

At the time of changing the items, you must keep and present the purchase invoice and bring the item in the same conditions in which it was sold, in original packaging, if possible, and accompanied by all the accessories that constitute it without exceeding the use which is generally accepted in a commercial establishment.

 

 

 

10. RETURNS OF DEFECTIVE PRODUCTS.

 

ESPIGA ensures the guarantee of conformity of the goods purchased on the page.

 

For this, it is necessary that the customer's dissatisfaction with respect to the item purchased exists at the time of delivery and is manifested within a maximum period of 2 (two) years from the delivery thereof ("Warranty").

 

If you choose to terminate the contract, and for this you return the item, you will be reimbursed the amount paid for the good as the price, as well as the delivery costs and, if applicable, the return costs. . The refund will be made by the same payment method that you used at the time of ordering, unless you make a request in which you express otherwise.

 

Defects or failures resulting from improper use of the purchased item, from non-compliance with the indications / instructions that come with the item or repairs carried out by unauthorized third parties are excluded from the scope of the guarantee.

 

 

11. VARIATIONS THAT SHOULD NOT BE CONSIDERED AS DEFECTS

 

The items that ESPIGA sells, especially those produced by hand, generally have characteristics of the natural materials used during their manufacture. These characteristics, such as variations in grain, variations in form or color of the prints, texture, knots and colors, will not be considered as defects or as non-conformity on the part of the client. Rather, the customer must agree to these characteristics, as they are inherent in the nature of the material used and must be accepted as part of the individual appearance of the item.

 

12. PROPERTY

 

All copyright, trademark and other intellectual property rights over the materials or content that are part of the website are, at all times, the property of ESPIGA SHOP, so said material may only be used in the manner that is expressly authorized.

 

This does not prevent you from using the website to, if necessary, copy the information related to your order or the details of the Contract.

 

 

13. COMMUNICATIONS WITH THE CLIENT

 

The applicable legislation requires that the information or notifications be sent in writing. By using this website, you accept that the notifications sent by ESPIGA are electronically.

 

For contractual purposes, you agree to use this means of electronic communication and acknowledge that all contracts, information and other notifications sent electronically comply with the legal requirement that they be made in writing. This condition will not affect the rights recognized by law.

 

In case of doubt about these Terms and Conditions, you can contact ESPIGA through the contact forms available on the website, or through an email to: hol@ESPIGA.com

 

 

 

14 FORCE MAJEURE

 

ESPIGA will make all reasonable efforts to fulfill its obligations.

 

However, it cannot be held liable for non-compliance or delay in the fulfillment of any of the obligations assumed, the cause of which is due to events beyond its control ("Force Majeure Reasons").

 

For reasons of Force Majeure, any unforeseeable and / or irresistible fact, act, event, failure, omission or accident or any other external factor that is beyond our control will be understood, including, among others, the following cases:

 

a)     General strike, or other forms of protest;

b) State of siege or emergency, disturbances to public order, revolt, invasion, terrorist attack or threat, war (declared or not) or threat or preparation for war or a sanitary pandemic;

 

c) Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster;

 

d) Impossibility of using trains, boats, airplanes, motor transport or other means of transport, restrictions on mobility, whether public or private;

 

e) Impossibility of using public or private telecommunications systems;

 

f) Decisions, decrees, laws, regulations or other normative instruments that involve the decisions of any government or public authority.

 

In these cases, ESPIGA's obligations derived from the contracts will be suspended during the period in which the Force Majeure Reasons are evaluated, which grants ESPIGA an extension of the term to fulfill said obligations, for a period of time equal to the of the duration of the Force Majeure Reasons.

 

ESPIGA will use all reasonable means to stop the Force Majeure Reasons or to find a solution that allows it to comply with its obligations under the Contract, despite the Force Majeure Reasons.

 

15. LINKS THAT ARE DISPLAYED ON THE WEBSITE

 

The links that redirect to other web pages or third-party materials mentioned in ESPIGA.com are shown for the sole purpose of obtaining information. In this sense, ESPIGA has no control over the content of the web pages or third-party materials, so it cannot be held liable for any loss or damage derived from the use of these web pages.

 

16. APPLICABLE LAW

 

All aspects related to the application or interpretation of the Terms and Conditions, as well as any litigation related to the interpretation, validity or breach of the contract between the parties, will be subject to the competent courts of Spain.

 

For such disputes, the Spanish law with forum in the courts of the city of Gerona will be applied, expressly waiving another.

 

17. RESOLUTION OF DISPUTES

 

In the event that you have been dissatisfied with the acquisition of our items or with the service offered on the ESPIGA website, you may, without prejudice to the right to submit the dispute to the appraisal and decision of a judicial court, resort to one of the Online Alternative Dispute Resolution Entities identified on the website https://webgate.ec.europa.eu/odr