TERMS AND CONDITIONS
TERMS AND CONDITIONS
Donde Nacen Las Marcas, SL
C/ Acústica, 10
Tel: +34 615934367
- SCOPE OF APPLICATION
1.1. The business transaction and the delivery are carried out exclusively in accordance with the following Terms and Conditions.
1.2. Provisions of the ordering party that contradict or deviate from the following Terms and Conditions shall not apply.
1.3. The indicated periods including working days refer to all days of the week, excluding Saturdays, Sundays and Spain public holidays.
- ACCESS TO THE TEXT OF THE CONTRACT AND GENERAL TERMS AND CONDITIONS
2.1. We keep the text of the contract in our archives and send you the order data by e-mail. Orders can be viewed in your account, provided you have created an account. If you have not created an account, you will not be able to view them on the Internet for security reasons.
2.2. You can view, print and save the General Terms and Conditions. Use the save and print functions of your Internet browser (e.g. File > Save as or e.g. File > Save page as).
- CONCLUSION OF THE CONTRACT / DELIVERY ARRANGEMENTS
3.1. The products displayed in the online store https://wherebrandsareborn.com do not represent a legally binding offer, but a non-binding online catalog. By clicking “Buy now!” at the end of the ordering process, you make a legally binding purchase of the goods in your shopping cart. The Ladies Welcome, SL then sends an order confirmation by e-mail. This e-mail is not an acceptance and does not conclude a contract. A contract is deemed to be concluded with the delivery/shipping confirmation by email from Where Brands Are Born, SL. Only the products listed in this e-mail form part of the sales contract.
3.2. Our online database is continuously updated to ensure the availability of the products offered in the store. Where Brands Are Born, SL reserves the right to cancel the sales contract if Where Brands Are Born, SL has not been supplied correctly or on time, is not responsible for unavailability despite a congruent hedging operation, and if The Ladies Welcome has not assumed the procurement risk. We undertake to inform you immediately in the event that an item is not available, in which case we will promptly refund any advance payments made.
- PAYMENT / PRICES
4.1. The available methods of payment can be viewed separately under “Payment and Shipping”. We do not accept payment by mail, cash or check.
4.2. You agree to bear the costs in case of chargebacks or any other cancellation of payments made without your authorization.
4.3. All prices quoted in the Where Brands Are Born online store are in Euros and include statutory VAT. Shipping and packaging costs are added in accordance with our price list, which you can find under “Payment and shipping”. Possible customs duties arising from shipping to non-EU countries must be borne by you.
- 5. SHIPPING
Shipping costs are always kept up to date and can be found on a separate page “Shipping costs”. If delivery is made in partial shipments, we will of course only invoice you once.
Shipments of products from our store without the print of demand logo.
The shipment will arrive within 24 to 72 hours, except for major reasons such as special dates, delays due to customs issues (depending on each country) and / or situations related to the optimal functioning of the industrial sector, manufacturing and international distribution.
PRINT OF DEMAND SHIPMENT
Make your purchase in our store in the products with the logo print of demand, this shipping method has an arrival time of 2 to 7 working days, except for major reasons such as special dates, delays due to customs issues (depending on each country) and / or situations related to the optimal functioning of the industrial sector, manufacturing and international distribution.
- 6. TRANSPORT DAMAGE
Where Brands Are Born, SL assumes the risk of transport. Please contact us if you receive goods that have been damaged during transport. To do so, you can send an email to HELLO@THELADIESWELCOME.COM or call us at +34 615934367 or stop by our store at C/ Acústica, 10; Sevilla, 41015; Spain; during our opening hours.
- 7. WORLDWIDE SHIPPING/CUSTOMS DUTIES
Customs duties generally do not apply to orders within the European Union (EU). Exceptions to this rule are all areas that do not belong to the customs territory of the European Union: before purchasing on our website, please inform yourself of the customs regulations in force in your area.
Outside the European Union, items imported from the European Union are generally subject to import duties and taxes.
Imported goods may be taxed by the respective country of destination in accordance with the local customs regulations in force. This applies to all items sold from the European Union to a country outside the European Union. It also applies to all items sold from the European Union to an EU country with special conditions regarding customs regulations.
Taxes must be paid by the buyer himself and the buyer must handle all administrative matters. This involves collecting the purchased goods from the customs office and completing the formalities.
For more precise information on customs regulations and the respective amount of customs duties, you should inquire at the competent customs office before placing the order.
- 8. WARRANTY / NOTICE OF DEFECTS
8.1. The statutory warranty claims apply to the goods.
8.2. Please report obvious defects to Where Brands Are Born immediately, or at the latest within 2 weeks after delivery, via the above-mentioned means of contact.
8.3. Where Brands Are Born strives for customer satisfaction and will therefore promptly investigate your complaint and contact you as soon as possible. If you have contacted The Ladies Welcome by email and have not received a reply within 5 days, please contact us again. On rare occasions, an email may get caught in a spam filter (by us or by you) or may not reach Where Brands Are Born for other reasons. This does not restrict your rights as a consumer.
- 9. RIGHT OF CANCELLATION
EU consumers have the right to withdraw from the contract in accordance with the applicable law, which can be found separately under “Cancellation Policy”.
In case of revocation of the contractual statement, which means that you will return the goods to Where Brands Are Born, please make sure that you return the shoes in the same type of packaging in which you received them. Box within box – i.e. shoe box within the shipping carton. However, this request does not represent a mandatory condition to effectively exercise your right of withdrawal. If the return is free of charge, we will include a return label so that you can send the goods back free of charge. This request also does not represent a mandatory condition to effectively exercise your right of withdrawal.
- 10. RESERVATION OF TITLE
10.1. We reserve the right of ownership of the purchased item until the invoice amount has been paid in full.
10.2. If you are a commercially or independently operating entrepreneur, a legal entity under public law or a special fund under public law, we reserve the right of ownership of the purchased item until all open claims from the business transaction have been settled. The corresponding warranty claims are transferable to third parties.
We undertake to release the collateral due to us at your request, provided that the realizable value of the orderer’s collateral exceeds the claim to be secured by more than 20%. The selection of the collateral to be released is at our discretion.
- 11. LIABILITY
11.1. We assume full liability for damages resulting to life, body or health, warranties for the quality of the purchased item, fraudulent omission of defects and claims according to product liability laws.
11.2. Notwithstanding the provisions of Clause 11.1, our liability for slightly negligent breaches of obligations is excluded if essential contractual obligations are not affected which enable the proper performance of the contract in the first place and/or the breach of which endangers the achievement of the purpose of the contract and on which the customer usually relies (so-called cardinal obligations). This also applies to relevant breaches of duty by our vicarious agents.
11.3. Our liability for slightly negligent breaches of cardinal obligations shall be limited to damages that are reasonably foreseeable during the conclusion of the contract.
- 12. RIGHTS OF USE
12.1. The website of the online store https://wherebrandsareborn.com as well as its underlying subpages and the logos depicted are subject to copyright laws. The images included are in all likelihood protected in accordance with Section 2, paragraph 5 of the German Copyright Act, in which they are defined as photographic works or works that have been produced in a manner similar to photographs, or at least in accordance with Section 72 of the German Copyright Act as photographic images or images that have been produced in a manner similar to photographic images.
12.2. Publications, reproductions and distributions based on the protected intellectual property are only permitted with the express written consent of Where Brands Are Born.
- 13. FINAL CLAUSES
13.1. The law of Spain applies to all business transactions or other legal relationships entered into with Where Brands Are Born. The United Nations Convention on the International Sale of Goods (CISG) as well as other intergovernmental treaties, even if they have been incorporated into Spanish law, are not applicable.
13.2. Contracts which do not fall into the categories of professional or commercial activities of the taxable person (consumer contracts) are only subject to this applicable law insofar as the guaranteed protection is not revoked due to mandatory provisions laid down by the law of the state in which the consumer is habitually located.
13.3. If the buyer is an entrepreneur, all disputes arising from the contractual relationship shall be settled by the competent court in Seville.
13.4. The language of the contract is Spanish.
13.5. The right to indemnification is only granted if your counterclaim has been legally validated, not contested or acknowledged by us. Furthermore, you are only entitled to retention if and as long as your counterclaim is based on the same contractual relationship.
13.6. In the event that the customer defaults on payments to us, all other existing claims shall become due immediately.
- 14. INFORMATION ON ONLINE DISPUTE RESOLUTION
The European Commission offers an Internet platform for online dispute resolution (the so-called “ODR platform”). The ODR platform is intended to serve as a meeting point for the out-of-court settlement of disputes relating to contractual obligations arising, for example, from online sales contracts.
The platform can be found at https://ec.europa.eu/consumers/odr
- 15. SEVERABILITY CLAUSE
Should any of the provisions of the contract, including its regulations, become ineffective, either in whole or in part, or should the contract prove to have any unforeseen omissions, the effectiveness of the remaining provisions or parts thereof shall remain unaffected. In place of the ineffective or missing provisions, the relevant statutory regulations shall apply.