General conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
When you read this text, you will understand the terms of our agreement and have all the necessary information regarding the electronic transactions you make on this website.
Here you will find the terms and conditions for purchasing the products and services offered by RaceuHats.com .
Before contracting any of the services I offer on this website, it is essential that you read the conditions and terms that apply to the provision of services offered by RaceuHats.com, which are part of its main activity of selling accessories for men and women.
You should know that you can only access and contract these RaceuHats.com services after reading and accepting these terms and conditions.
By accepting these conditions, as a USER, you are bound by these terms, which, together with the privacy policy, govern our business relationship.
If you do not agree with any part of the terms, you will not be able to contract the services or products offered here.
RaceuHats.com reserves the right to modify or change these terms and conditions at any time. If the modifications constitute a substantial change to the terms, RaceuHats.com will notify you by posting a notice on this website.
The services offered are available only to legal entities and to individuals who are at least 18 years of age.
These terms were last updated on 01/01/2019
SELLER IDENTIFIER
Pursuant to the provisions of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the following information is provided:
- Its company name is: MANUFACTURAS MIRALLES SA
- Your CIF/NIF: A03012804
- Its registered office is located at AVDA ARQUITECTE ANTONI GILABERT, NUM. 5 03750 PEDREGUER - (ALICANTE)
- Contact phone number: +34 938 10 27 60
- Their business activity is: Sales of accessories for men and women
SERVICES OFFERED ON THIS WEBSITE
RaceuHats.com offers the following services:
- Sale of accessories for men and women.
- Delivery service anywhere in the world according to the terms and conditions of the service type contracted at the time of purchase.
As a condition of contracting the offered Services, you are required to register using the corresponding form on RaceuHats.com and provide registration information. The registration information you provide must be accurate, complete, and up-to-date at all times. Failure to do so constitutes a breach of these terms, which may result in the termination of your contract with RaceuHats.com .
PRICES AND PAYMENT METHODS
You agree to pay for the products and services contracted from RaceuHats.com using the payment methods accepted by RaceuHats.com and for any additional amounts (including taxes and late payment charges, as applicable).
Payment is always 100% in advance and the products and services will be supplied when we confirm the payment.
The prices applicable to each product and/or service are those indicated on the date of the order, including, where applicable, VAT (Value Added Tax) for transactions within Spanish territory.
The price of each product will be as stated on our website at the time of purchase, except in cases of obvious error. Although we strive to ensure that all prices displayed on the website are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and any amounts paid will be fully refunded.
We will not be obliged to supply any product to you at the incorrect lower price (even if we have sent you the Shipping Confirmation), if the error in the price is obvious and unambiguous and could have been reasonably recognized as an incorrect price, it will not be possible to ship the order.
HOW TO COMPLETE A PURCHASE
As a condition for placing any order, the USER must contact RaceuHats.com and provide the corresponding information required for the purchase of the services available on this website. The information provided for placing the order must be accurate, complete, and up-to-date at all times. Failure to do so constitutes a breach of these terms, which may result in the termination of the contract with RaceuHats.com .
From the moment of acceptance, the USER acquires the status of CLIENT of RaceuHats.com .
WHEN YOU WILL KNOW YOUR PURCHASE IS EFFECTIVE
Once the purchase has been made and payment has been processed, RACEU HATS & CAPS will send you an order confirmation by email as soon as possible, always within 24 hours of the completion of the purchase.
Now is the time to check that everything is correct . If you disagree with the information provided in the confirmation, you can request its modification or the cancellation of the order.
The CUSTOMER's order confirmation expressly implies knowledge and acceptance of these specific terms and conditions as part of the contract. Unless proven otherwise, the data recorded by RaceuHats.com constitutes proof of all transactions between RaceuHats.com and its CUSTOMERS.
COMMON SYSTEM OF VALUE ADDED TAX OF THE EUROPEAN UNION
In accordance with the provisions of Law 37/1992, of December 28, regulating said tax and European Directive 2008/8/EC, the operation may be exempt or not subject to it depending on the country of residence of the buyer and the condition in which he acts (businessman/professional or private individual).
Consequently, in some cases the final price of the order may differ from the price shown on the website.
The final price will appear during order confirmation and will reflect the applicable VAT tax rate for the products.
Prices for Products and Services may change at any time at the sole and exclusive discretion of RaceuHats.com . Products and Services do not offer price protection or refunds in the event of price reductions or promotional offers.
ACCEPTED PAYMENT METHODS
RaceuHats.com accepts the following forms of payment:
Credit card (Secure 3D system)
PayPal
SUPPORT MODALITY AND FAIR USE
Services must be requested through the appropriate channels to be received and responded to within a reasonable timeframe. These channels are the respective forms located within each of the services offered.
Each application is subject to evaluation and approval by RaceuHats.com .
RaceuHats.com can provide alternative solutions to the CUSTOMER including referral to the RaceuHats.com partner network (e.g., transport companies).
FAIR USE CLAUSE
The term “unlimited” is subject to a fair use clause. The definition of fair use is determined by RaceuHats.com at its sole and exclusive discretion. Customers deemed by RaceuHats.com to be abusing the service will be contacted by RaceuHats.com .
RaceuHats.com reserves the right to suspend service if it believes that it exceeds the fair use clause.
DISCLAIMER
RaceuHats.com will not guarantee that the availability of the service covered by this contract will be continuous and uninterrupted, nor will it guarantee against the loss of data hosted on its servers, interruption of business activities, or any damage arising from the operation of the services, or from the expectations generated for the CLIENT, as a result of:
- Causes beyond the control of RaceuHats.com and fortuitous causes and/or force majeure.
- Damage caused by incorrect uses by the CLIENT, especially those derived from contracting a service unsuitable for the type of activity and use carried out by the CLIENT and/or by third parties through their website.
- Scheduled stops and/or alterations to the content made by mutual agreement between the parties for the maintenance or performance of exceptional actions previously agreed.
- Viruses, cyberattacks and/or other actions by third parties that cause the total or partial impossibility of providing the services.
- Malfunctioning or deficient internet.
- Other unforeseen circumstances.
In this way, the CLIENT agrees to bear these circumstances within reasonable limits, and therefore expressly waives the right to claim from MANUFACTURAS MIRALLES SA any contractual or extra-contractual liability for possible failures, errors and use of the contracted service.
MANUFACTURAS MIRALLES SA shall not be liable under any circumstances for errors or damages caused by the CLIENT's inefficient or malicious use of the service. Nor shall MANUFACTURAS MIRALLES SA be liable for any consequences, whether major or minor, resulting from a lack of communication between MANUFACTURAS MIRALLES SA and the CLIENT when such lack of communication is attributable to the failure of the provided email address or the falsification of data provided by the CLIENT during their RaceuHats.com USER registration.
CAUSES FOR DISSOLUTION OF THE CONTRACT
The termination of the service contract can occur at any time by either party.
You are not bound by any minimum commitment period with RaceuHats.com if you are not satisfied with the service.
RaceuHats.com may terminate or suspend any or all Services contracted with RaceuHats.com immediately, without prior notice or liability, if you fail to comply with the conditions set forth herein.
Upon termination of the contract, your right to use the Services will cease immediately.
The following shall be grounds for termination of contract:
- The falsity, in whole or in part, of the data provided in the process of contracting any service.
- Altering, circumventing, reverse engineering, decompiling, disassembling, or otherwise modifying the security technology provided by RaceuHats.com is prohibited.
- Also, cases of abuse of support services by requesting more hours than established in the contract.
Dissolution implies the loss of rights over the contracted service.
VALIDITY OF OFFERS
The products and services offered on the website will be available for purchase while they are listed in the product catalog displayed on the website. Users are advised to access updated versions of the website to avoid errors in these service and/or product offers.
COMMERCIAL WITHDRAWAL
Withdrawal is the right of a consumer to return a good to the trade within a legal period of 14 days , without having to allege or give any explanation in this regard or suffer a penalty.
The right of withdrawal may not be exercised (except for error or defect in the product or service contracted), in the following cases provided for in article 45 of the Commerce Law:
- Contracts for the supply of goods made to the consumer's specifications or clearly personalized, or which, by their nature, cannot be returned or may deteriorate or expire rapidly.
- Contracts for the supply of sound or video recordings, discs and computer programs that have been unsealed by the consumer, as well as computer files, supplied electronically, that can be downloaded or reproduced immediately for permanent use.
- And in general all those products ordered remotely that are made to our specifications: clothing, personalized hats or any other type of customization required for any accessory.
The right of withdrawal, in accordance with article 103.a of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, will not be applicable to the provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and USER and with the recognition on their part that they are aware that, once the contract has been fully executed by RaceuHats.com , they will have lost their right of withdrawal.
Likewise, RaceuHats.com may terminate the contract if the USER does not make the corresponding payment or engages in any of the actions described in the section on causes of termination of the contract.
HOW TO CANCEL AN ORDER
If you wish to cancel your order with RaceuHats.com , you must contact me with an order cancellation request. This request must be made before the order has been shipped.
RaceuHats.com guarantees the CLIENT the refund of the amounts paid within fourteen (14) calendar days from the date of reliable communication of the exercise of their right of cancellation, provided that it complies with the requirements and has been accepted by RaceuHats.com .
Consequences of withdrawal
In the event of your withdrawal, I will refund all payments received from you without undue delay and, in any event, no later than 14 calendar days from the date on which I am informed of your decision to withdraw from the purchase and provided that it has been duly notified.
I will proceed to make said refund using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any expenses as a result of the refund.
If the service covered by this contract has started during the withdrawal period (14 days), in accordance with article 108.3 of Law 3/2014, MANUFACTURAS MIRALLES SA may retain the proportional part corresponding to the service provided, including the support service and, in the event that the service has been fully provided (transport costs), in accordance with article 103.a of the aforementioned law, the right of withdrawal will not apply.
All services that I have provided to you will, by their nature, survive dissolution if paid for in full, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
EUROPEAN CONSUMER REGULATIONS
The European Commission has created the first European platform for online dispute resolution, under the latest consumer law. Therefore, as operators of an online sales platform, I have a duty to inform my USERS about the existence of this online alternative dispute resolution platform.
To access the dispute resolution platform, the USER must use the following link: http://ec.europa.eu/odr
CONFIDENTIALITY
All information and documentation used during the contracting, development and execution of the services that regulate the relationship between RaceuHats.com and the CLIENT is confidential.
All information received from the CLIENT, whether images, emails, texts, access data such as USERS and passwords, will be treated confidentially, and its transfer to third parties is strictly prohibited.
Information that is disclosed by agreement between the Parties, information that becomes public for the same reason, information that must be disclosed in accordance with the law or a court order from a competent authority, and information obtained by a third party that is not under any confidentiality obligation, shall not be considered confidential.
Both parties agree to comply with the duty of confidentiality indefinitely.
PROTECTION OF PERSONAL DATA
In accordance with Organic Law 15/1999, of December 13, on the Protection of Personal Data, MANUFACTURAS MIRALLES SA informs the USER that there is a personal data file identified as “CLIENTS” “Suppliers” created by and under the responsibility of MANUFACTURAS MIRALLES SA for the purposes appropriate to the processing, which include:
- a) The management of legal and economic relations between the owner and its CLIENTS.
- b) Management of the service contract with the CLIENT.
To the extent authorized by the interested party; the USER being responsible for the accuracy thereof.
Unless otherwise stated, the data subject expressly consents to the authorized processing of said data in whole or in part for the time necessary to fulfill the purposes indicated above.
MANUFACTURAS MIRALLES SA is committed to fulfilling its obligation to keep personal data secret and its duty to safeguard it, and to adopting the security measures required by applicable legislation to prevent its alteration, loss, unauthorized processing or access, always in accordance with the state of available technology.
The USER may send communications and exercise their rights of access, rectification, cancellation, and objection via email to raceu@RaceuHats.com, along with legally valid proof of identity, such as a photocopy of their ID card or equivalent, indicating "DATA PROTECTION" in the subject line. These actions may also be performed directly from "My Account" in the corresponding GDPR section.
These terms are subject to the privacy policy of MANUFACTURAS MIRALLES SA.
LIMITATION OF LIABILITY
RaceuHats.com reserves the right to modify and update the information contained on the website, its configuration and presentation, access conditions, terms of service, etc., at any time and without prior notice. Therefore, USERS should access the most up-to-date version of the page.
Under no circumstances is RaceuHats.com liable for any breach of contract on your part, negligence with respect to the site, the service or any content, for any loss of profits, loss of use, or actual, special, indirect, incidental, punitive or consequential damages of any kind arising from your misuse of the tools provided.
RaceuHats.com 's sole responsibility will be to supply the purchased products under the terms and conditions expressed in this contracting policy.
RaceuHats.com will not be liable for any consequences, damages or losses that may arise from the misuse of the products or services supplied.
INTELLECTUAL AND INDUSTRIAL PROPERTY
Catalina Mihaela Raceu is the owner of all industrial and intellectual property rights of the RaceuHats.com website, and of the elements contained therein, including the documents downloadable from the website.
It is strictly forbidden to modify, transmit, distribute, reuse, forward or use all or part of the content of the page for public or commercial purposes without the authorization of Catalina Mihaela Raceu.
Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as a crime punishable under Articles 270 et seq. of the current Penal Code.
If the USER wishes to report an incident, comment or make a complaint, they may send an email to raceu@RaceuHats.com indicating their name and surname, the product purchased and explaining the reasons for their complaint.
To contact Catalina Mihaela Raceu or to raise any questions, issues or complaints, you can use any of the following means:
* E-mail: raceu@RaceuHats.com
LANGUAGE
The contract between RaceuHats.com and the CLIENT will be executed in both Spanish and English. The Spanish version of the contract will always prevail.
JURISDICTION AND APPLICABLE LAWS
RaceuHats.com and THE USER, to resolve any controversy that may arise from access to or use of this Website, will be governed by Spanish legislation, and submit to the Courts and Tribunals of the province of Barcelona.