These General Terms and Conditions of Sale (hereinafter Terms and Conditions) govern the purchase of products offered by JAIME DE LA PUENTE, DNI: 53392483-F, of Ronda Sacedilla 17, 28221, Majadahonda, Madrid, as listed on their website www.imborrable.com. The rights and obligations of these Terms and Conditions between JAIME DE LA PUENTE (hereinafter IMBORRABLE) and the buyer (Customer) are effective from the moment of completion and acceptance of an order through the above website. These Terms and Conditions are for the information of and legally binding upon the parties and must be accepted prior to completing the order. As such, the Customer is advised to read these Terms and Conditions carefully. The headings of the various clauses are for information only and do not affect, qualify or extend the interpretation of the Terms and Conditions. These Terms and Conditions are governed by the provisions of current legislation.
1. THE PARTIES: JAIME DE LA PUENTE, holder of the IMBORRABLE trademark, is the owner of the website www.imborrable.com, its subdomains and any pages affiliated with that domain. Any user of the www.imborrable.com website is considered a Customer upon the completion and acceptance of an order. To place an order, the Customer shall provide the following: name or company name, billing address, delivery address, contact telephone number and email address.
2. PURPOSE OF THE CONTRACT: These Terms and Conditions govern the sale to the Customer of products made available by IMBORRABLE via their website.
3. OFFER: The goods offered by IMBORRABLE are limited to the products listed on their website www.imborrable.com. Each product description indicates the retail price, including VAT. This price does not include delivery costs. The total cost of the order (retail price of the product or products ordered plus any corresponding additional costs) will be communicated to the Customer when the order is completed and prior to acceptance of the order. The price of the products will be that displayed on the webpage when the order is placed.
4. ACCEPTANCE: The transaction is considered accepted when the Customer gives express consent to the order, accepts the Terms and Conditions and completes the purchase.
5. ORDER PAYMENT: The Customer may use one of the two following payment methods to complete the transaction:
The www.imborrable.com website will automatically calculate shipping costs and the total price will be communicated to the Customer prior to their acceptance of the order.
6. DELIVERY: Delivery time is subject to the availability of the ordered product or products. The availability may alter in the event that simultaneous orders of the same product or products result in a reduction of available stock, or the product going out of stock (stockout). The Customer will be notified of the new delivery estimate at the earliest opportunity. Delivery will be to the shipping address specified in the order. Subsequent changes to this address may generate further costs to be borne by the Customer. Orders will be delivered by a transport company to the recipient and delivery address specified by the Customer. This information will on the delivery note. If, at the time of delivery, without having opened the shipping or product packaging, there are clearly visible defects to the product caused by damage in transit, or it can be seen that incorrect goods have been received, the Customer must indicate this in writing on the delivery note and inform IMBORRABLE via the corresponding contact form within 48 hours of receipt to initiate the return of the affected product or products for a replacement or refund. The customer may request an invoice via the same contact form.
7. RIGHT TO CANCEL: The Customer reserves the right to cancel the order within seven days of receipt, as stated in Article 44 of Act 7/1996, dated January the 15th, of the Retail Trade Regulation (Ordenación del Comercio Minorista). After this time, order cancellations will not be accepted. Should the Customer choose to cancel the order, they may be required to pay the direct cost of returning the product to IMBORRABLE. Should the Customer exercise their right to cancellation or termination, IMBORRABLE shall refund the amount paid by the Customer, minus delivery costs. The refund of this sum shall be carried out as soon as possible and within a maximum of 30 days from the cancellation or termination. The Customer should inform IMBORRABLE of the cancellation via the corresponding contact form within the established time period. IMBORRABLE will then advise the Customer of the returns process (returns number, shipping form and returns address).
8. CUSTOMER’S OBLIGATIONS: The Customer shall read these Terms and Conditions prior to confirming the order and respect these Terms and Conditions once the order has been confirmed. The customer shall pay the agreed price upon order completion.
9. IMBORRABLE’S OBLIGACIONES: IMBORRABLE shall deliver the product in good condition to the specified delivery address and respect the agreed price of the order as it stands at order completion.
10. CUSTOMER’S RIGHTS: The Customer should receive the products ordered in perfect condition. The Customer may cancel the order before dispatch through the contact form.
11. IMBORRABLE’S RIGHTS: IMBORRABLE shall receive payment for the order. IMBORRABLE may adjust the price of products listed on their website. IMBORRABLE may adjust the delivery time of a product according to availability. IMBORRABLE may adjust the Terms and Conditions. IMBORRABLE may cancel orders for non-payment. IMBORRABLE may take down their webpage without prior notice.
12. NOTICES: Any notices, requests or other communications to IMBORRABLE regarding this agreement should be sent to the address indicated in these Terms and Conditions.
13. SEVERABILITY: Should one of the clauses or part of a clause herein be held invalid or otherwise unenforceable, this shall not affect the validity and enforceability of the remaining clauses or parts of the clause.
14. APPLICABLE LAW: These Terms and Conditions are governed by Spanish law as currently in effect, in particular by: Civil Code, Act 26/84, dated June the 19th, Consumer and User Protection (General para la Defensa de Consumidores y Usuarios); Act 7/98, dated April the 13th, General Terms and Conditions of Business (Condiciones Generales de la Contratación); Act 7/96, dated January the 15th, Retail Trade Regulation (Ordenación del Comercio Minorista); Regulation 2000/31 EC of the European Parliament and Council, dated July the 8th; Act 34/2002, dated July the 11th, Information Society Services and Electronic Commerce (Servicios de la Sociedad de la Información y de Comercio Electrónico); Act 23/2003, dated July the 10th, Sale of Consumer Goods and Associated Guarantees (Garantías en la Venta de Bienes de Consumo), and the legislation which implements these Acts. The parties agree the law of Spain as the governing law of this agreement, expressly waiving their own jurisdiction. Any disputes arising in relation to this agreement will be heard in the courts of Madrid.