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Terms of service

General Terms and Conditions

The General Terms and Conditions of Business that appear on our website contain legal information about your rights in accordance with the regulations on distance contracts and e-commerce.

Scope and Customer Base

The following General Terms and Conditions apply to orders placed by our customers on our website www.clotsybrand.com, which belongs to CLOTSY BRAND SL (hereinafter referred to as CLOTSY BRAND). Our company will not accept conditions of the customer or third parties that differ from ours, except in cases where we have formally consented to their validity.

Offer and Registration

www.clotsybrand.com is a publicly accessible online portal where you can order our textile-related products.

Contracting and Counterparty

The provision of products and services on our website www.clotsybrand.com does not constitute a binding offer to conclude a contract for these services.

The contract for the purchase of these products is made by you as the customer when you validate the order in the final step of the order process.

The portal has a contact form for queries and returns, immediately after completing the same, you will receive a confirmation by email and will proceed to process the shipment of the products purchased.

The products will be sent by GLS delivery courier within 48-72 hours (except on non-working days or holidays). If the order has been placed after 16:00 h, it will be processed the following day.

We do not ship outside Spain, nor to Ceuta and Melilla or the Canary Islands.

The contract is made when CLOTSY BRAND accepts the order, by means of the purchase of the products and the corresponding e-mail in which the formalisation of the purchase contract is expressly accepted. It shall also apply when you have paid the purchase price by authorising payment.

In the event that, once payment has been made, the company is unable to carry out your order due to lack of stock or for other related reasons, we will obviously reimburse the final amount of said product within 48 hours (the time may vary depending on the intermediary platforms that carry out the management).

The purchase contract is concluded with:

CLOTSY BRAND SL (CLOTSY BRAND)

VAT NUMBER: B02993038

Address:La Marina de València, Muelle de la Aduana s/n, Edificio Lanzadera, 46024 Valencia

E-mail: info@clotsybrand.com

General rules

The customer declares to be aware of the price of the products offered by the company, which can be consulted on the website. Customers have the right to make suggestions, complaints and claims.

It will be understood that the client accepts the conditions established when making the payment of the product to be contracted.

Our company has at the disposal of the clients Complaint Forms in accordance with the official model.

In addition, you can notify all suggestions, complaints and claims by contacting us through our contact form located on the same website.

Customers will have the right to be informed promptly about any circumstance related to the chosen product, being able to contact us for this purpose.

There is a customer area, where once registered, you have access to it through your own username and password. In your personal area, you can track your orders, as well as modify your personal and access data.

Prices

All prices indicated are fixed prices in Euros (€) which include the legal Value Added Tax (VAT).

-Peninsular deliveries will have a cost of 1,9 €.

-Shipments to the Balearic Islands will cost 4,9 €.

-Peninsular shipping costs will be free for orders over 60 €.

Payment
Unless otherwise stated in the respective offer, payment will be made via Shopify Payments, this platform allows the use of credit or debit cards such as Visa, Master Card, Amex, Bancontact, Maestro, Ideal or Paypal.

Payments from outside the European Union are not accepted.

Some platforms such as "Paypal", "Visa", "Master Card", are based outside the European Union or the European Economic Area. As the level of data protection is not identical worldwide, no transfer of personal data will be made unless these companies guarantee a level of protection of personal data identical or similar to ours. In addition, the transfer of personal data will be carried out for a specific, explicit and legitimate purpose and the data transferred will not be processed in a way incompatible with that purpose.

For further information, you can consult their privacy policy on the website of these platforms:


-Paypal: www.paypal.com/es/webapps/mpp/ua/privacy-full

Visa: https://www.visa.es/terminos-de-uso/aviso-de-privacidad-global-de-visa/aviso-jurisdiccional-para-el-eee.html

- Master Card: https://www.mastercard.es/es-es/politica-de-privacidad-global.html

Amex: https://www.americanexpress.com/es/legal/politica-de-privacidad-online.html?inav=es_legalfooter_privacy

- Ideal: https://www.scotiabank.com.mx/Acerca-de-Scotiabank/aviso-de-privacidad.aspx



Processing of data of minors

In compliance with the General Regulation on the Protection of Personal Data and the applicable Spanish legislation on data protection, the consent of parents or guardians will be required to proceed with the processing of data of children under 13 years of age.

It is the responsibility of our company to articulate the procedures that guarantee that the age of the minor has been effectively verified, and the authenticity of the consent given by the parents, guardians or legal representatives, as the case may be. In this sense, every time a minor participates in a promotion organised by our company, the identity details of the parent or guardian, their postal address and e-mail address will be requested in order to obtain parental consent, as well as a copy of the DNI, and/or a copy of the Family Book, by means of which the filiation is clearly determined.

Limitation of Liability


In the event of a slightly negligent breach of our obligations, our liability is limited to the average direct and typical damage that was foreseeable in view of the nature of the goods. This also applies to breaches of duty by our legal representatives or vicarious agents.

We shall not be liable to entrepreneurs in the event of slightly negligent breaches of non-core contractual obligations. The aforementioned limitations of liability shall in no way affect possible claims of the customer arising from service liability. Furthermore, the limitations of liability do not apply to bodily injury or damage to the health of the customer or to the death of the customer, where this is attributable to us.



Exchanges and returns


EXCHANGES will be made within a maximum period of 15 days from receipt of the product:

-You can request the exchange of the product within this period through our contact form located on our website.

-The transport agency GLS will collect the product from the address you indicate or you can take the product to one of its official branches.

-The costs incurred for the first exchange will be borne by CLOTSY BRAND, in the event that there is more than one exchange, they will be borne by the customer.

-If the product to be exchanged has a different amount than the one initially purchased, the amount will be reimbursed when the product is returned. Once we send the new product chosen, you will be charged the corresponding amount.

After 30 days, no changes will be accepted for any reason whatsoever.

RETURNS will be made within a maximum period of 30 days from receipt of the product:

-During this period, you must contact us through our contact form located on our website or through the mail info@clotsybrand.com.

-You must indicate the reason for the return and send us the product (see shipping costs). The GLS transport agency will collect the product from the address you give us or you can take the product to one of its official branches.

-The direct cost of returning the product will be borne by the customer as stated in the LGCU, therefore, when the amount of the returned product is refunded, the costs generated by the shipment will be subtracted.

-In the event that the return is due to a manufacturing defect of the product, it will be the company that assumes the costs generated by the return. Once the product has been received and checked (condition, labels, etc.), we will proceed with the return, if applicable.

-The return will be carried out in the same way in which the payment was made.


Warranty policy


The fact of opening a claim with "CLOTSY BRAND" does not imply that the product is automatically covered by the guarantee.

It is CLOTSY BRAND who ultimately decides whether the product is covered by the warranty or not.

Therefore, if the product is deemed not to be covered by the warranty, you will be informed of the reason. From that moment on, it is up to you to decide whether to assume the costs of the repair (if possible) or to return the product without the incident being resolved.

It will be taken into account that the shipping/collection costs generated by a product that is not under warranty will be borne by the customer. On the other hand, if the product is covered by the guarantee, it will be "CLOTSY BRAND" who will assume these costs.

By requesting a warranty, the customer undertakes to:


-That the product has not been tampered with or misused.

-To correctly report all problems or faults with the product, providing as much information as possible, which must be complete and concise (any information not included will not be taken into account for the management of the guarantee).

-You must only provide the affected product without including any possible accessories, as these may be subject to deterioration or loss and will not be the responsibility of "CLOTSY BRAND".
Send the product correctly packaged to avoid damage during the shipping process.

-Authorise the transfer of all personal data necessary for the correct management of the incident.

When requesting a guarantee, "CLOTSY BRAND" undertakes to:

-Carry out the management of the warranty, it may be necessary to contact you to expedite and provide an efficient after-sales service.





Consumer information document on Withdrawal


Right of withdrawal


You have the right to withdraw from this contract for our product within 30 days without giving any reason. This period will become effective upon receipt of payment for our products or services.

To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail to):

CLOTSY BRAND SL,

CIF: B-02993038

La Marina de València, Muelle de la Aduana s/n, Edificio Lanzadera, 46024 Valencia

E-mail: info@lotsybrand.com

In order to comply with this withdrawal period, it is sufficient that the communication regarding this right is sent before the expiry of the withdrawal period indicated above. The amount will be refunded immediately during the first 48 hours after your request (The time may vary depending on the intermediary platforms that carry out the management).

If the product has already arrived at its destination and you already have it to make the subsequent return, the amount will be refunded immediately when we confirm the receipt/return of the product.

(If you wish, you can use our cancellation form, which is attached at the bottom of the page).

Consequences of Withdrawal

In the event of withdrawal on your part, all payments received from you will be refunded (except those generated by the shipping costs). We will proceed to make the refund using the same payment method you used for the initial transaction.




Model withdrawal form


(you should only complete and send this form if you wish to withdraw from the service contract).

- To the attention of

CLOTSY BRAND SL,

CIF: B-02993038

La Marina de València, Muelle de la Aduana s/n, Edificio Lanzadera, 46024 Valencia

E-mail: info@lotsybrand.com

I/we hereby inform you (*) that I/we withdraw from our (*) contract for the purchase and sale of the following services

Order number and description of the order:

Ordered on (*): ___________________________________
Name and surname of consumer(s)
Address of the consumer(s)
Street, number
Postal code, town
Province
Country
E-mail:



__________Signature of the consumer(s) (only if this form is submitted on paper) _________Date
(*) Delete where not applicable.