General conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
When you read this text, you will understand the terms of our agreement and you will know all the necessary information regarding the electronic transactions you make on this website.
Here you will find the contracting conditions for the products and services offered by RaceuHats.com.
Before contracting any of the services I make available to you 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 inherent to its main business of selling accessories for men and women.
You should know that you can only access and contract these services from RaceuHats.com after reading and accepting these contracting 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 conditions at any time. If the modifications constitute a substantial change in the terms, RaceuHats.com will notify you by publishing an announcement on this website.
The services offered are available only to legal entities and 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: Mihaela Catalina Raceu
- Its CIF/NIF: Y1539721T
- Its registered office is at AVDA ARQUITECTE ANTONI GILABERT, NUM. 5 03750 PEDREGUER - (ALICANTE)
- Contact phone number: +34 938 10 27 60
- Its social 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 service type conditions contracted at the time of purchase.
As a condition for contracting the offered Services, you are obliged to register in 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 the terms, which may result in the termination of the 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 products and services will be supplied once payment is confirmed.
The prices applicable to each product and/or service are those indicated on the order date, including, where applicable, all of them, VAT (Value Added Tax) for transactions within Spanish territory.
The price of each product will be as stipulated on our website at any given time, except in the case of manifest error. Although we try to ensure that all prices listed on the page 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 to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and any amounts paid will be fully refunded.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Shipping Confirmation), if the price error is obvious and unequivocal and could have been reasonably recognized as an incorrect price, it will not be possible to ship the order.
HOW TO PLACE AN ORDER
As a condition for placing any order, the USER must contact RaceuHats.com and provide the corresponding information required for the acquisition of the services available on this website. The order information provided must be accurate, complete, and up-to-date at all times. Failure to do so constitutes a breach of the 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 YOUR PURCHASE IS EFFECTIVE
Once the purchase has been made and payment processed, RACEU HATS & CAPS will send you an order confirmation by email as soon as possible, always within 24 hours of the purchase being finalized.
This is the time to check that everything is correct. If you do not agree with the data contained in said confirmation, you may request its modification or the cancellation of the order.
The validation of the order by the CLIENT expressly implies knowledge and acceptance of these particular contracting conditions as part of the contract. Unless proven otherwise, the data recorded by RaceuHats.com constitutes proof of all transactions carried out between RaceuHats.com and its CLIENTs.
COMMON VAT SYSTEM OF THE EUROPEAN UNION
In accordance with the provisions of Law 37/1992, of December 28, regulating said tax and European Directive 2008/8/CE, the operation may be exempt or not subject to it depending on the country of residence of the buyer and the capacity in which they act (entrepreneur/professional or private individual).
Consequently, in some cases, the final price of the order may be altered compared to that displayed on the website.
The final price will appear during your order confirmation and will reflect the corresponding VAT rate for the products.
The prices of 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 payment methods:
Credit card (Secure 3D System)
PayPal
SUPPORT MODALITY AND REASONABLE USE
Services must be requested through the appropriate channels to be received and answered within a reasonable timeframe. These channels are the respective forms located within each of the services offered.
Each request is subject to assessment and approval by RaceuHats.com.
RaceuHats.com may provide alternative solutions to the CLIENT, including referral to RaceuHats.com's partner network (e.g., transport companies).
REASONABLE USE CLAUSE
The term "unlimited" is subject to a reasonable use clause. The definition of reasonable use is determined by RaceuHats.com, at its sole and exclusive discretion. CLIENTs whom RaceuHats.com deems to be abusing the service will be contacted by RaceuHats.com.
RaceuHats.com reserves the right to suspend the service if it considers that it exceeds the reasonable use clause.
DISCLAIMER
RaceuHats.com will not guarantee that the availability of the service subject to this contract will be continuous and uninterrupted, nor will it guarantee against loss of data hosted on its servers, interruption of commercial activities, or any damage arising from the operation of the services, or from the expectations generated to the CLIENT, as a consequence of:
- Causes beyond the control of RaceuHats.com and unforeseen events and/or force majeure.
- Breakdowns caused by incorrect use by the CLIENT, especially those derived from contracting an inappropriate service for the type of activity and use carried out by the CLIENT and/or by third parties through their website.
- Scheduled stoppages and/or alterations in the content made by mutual agreement between the parties for maintenance or the performance of exceptional, previously agreed actions.
- Viruses, cyberattacks and/or other actions by third parties that cause the total or partial impossibility of providing the services.
- Incorrect or deficient functioning of the Internet.
- Other unforeseeable circumstances.
Thus, the CLIENT accepts to bear these circumstances within reasonable limits, and therefore expressly waives any contractual or non-contractual liability claim against Mihaela Catalina Raceu for possible failures, errors, and use of the contracted service.
Mihaela Catalina Raceu will not be liable in any case for errors or damages caused by the inefficient and bad-faith use of the service by the CLIENT. Nor will Mihaela Catalina Raceu be liable for major or minor consequences due to a lack of communication between Mihaela Catalina Raceu and the CLIENT when it is attributable to the non-functioning of the email provided or the falsehood of the data provided by the CLIENT in their RaceuHats.com USER registration.
CAUSES FOR CONTRACT DISSOLUTION
The service contract can be dissolved at any time by either party.
You are not bound by any permanence conditions 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 dissolution of the contract, your right to use the Services will cease immediately.
Causes for contract dissolution will be:
- Falsehood, in whole or in part, of the data provided in the contracting process for any service.
- Altering, circumventing, reverse engineering, de-compiling, disassembling, or altering in any way the security technology provided by RaceuHats.com.
- Also, cases of abuse of support services by requiring more hours than those 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 as long as they are in the product catalog displayed through the website. USERS are requested to access updated versions of the website to avoid errors in said service and/or product offers.
COMMERCIAL WITHDRAWAL
Withdrawal is the right of a consumer of a good to return it to the retailer within a legal period of 14 days, without having to give any reason or explanation, and without incurring a penalty.
The right of withdrawal cannot be exercised (except for an error or defect in the contracted product or service), in the following cases provided for in Article 45 of the Commercial Law:
- Contracts for the supply of goods manufactured according to the consumer's specifications or clearly personalized, or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
- Contracts for the supply of audio or video recordings, discs, and computer software that have been unsealed by the consumer, as well as computer files, supplied electronically, capable of being downloaded or reproduced immediately for permanent use.
- And in general, all products ordered remotely that are made to measure: clothing, personalized hats, or any other type of personalization required for any accessory.
The right of withdrawal, in accordance with Article 103.a of Law 3/2014, of March 27, which modifies the revised 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 completely executed, when the execution has begun, with the prior express consent of the consumer and USER and with their acknowledgment that they are aware that, once the contract has been completely executed by RaceuHats.com, they will have lost their right of withdrawal.
Likewise, RaceuHats.com may proceed to terminate the contract if the USER does not make the corresponding payment or incurs any of the actions set out in the section on causes for contract dissolution.
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 a 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 this meets the requirements and has been accepted by RaceuHats.com.
Consequences of Withdrawal
In case of withdrawal on your part, I will refund all payments received from you without undue delay and, in any case, 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 stipulated otherwise; in any case, you will not incur any expenses as a result of the refund.
If the service subject to this contract had begun during the withdrawal period (14 days), in accordance with Article 108.3 of Law 3/2014, Mihaela Catalina Raceu 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 be applicable.
All services that I have supplied to you, by their nature, will survive the dissolution if they are fully paid, including, without limitation, provisions of property, warranty disclaimers, indemnification, and limitations of liability.
EUROPEAN CONSUMER REGULATIONS
The European Commission has created the first European platform for online dispute resolution, protected by the latest consumer law. In this regard, as managers of an online sales platform, I have the duty to inform my USERs about the existence of an online platform for alternative dispute resolution.
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 regulating the relations between RaceuHats.com and the CLIENT are 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 laws or a judicial resolution from a competent authority, and information obtained by a third party not under any confidentiality obligation shall not be considered confidential information.
Both parties undertake to comply with the duty of confidentiality indefinitely.
PERSONAL DATA PROTECTION
In accordance with Organic Law 15/1999, of December 13, on Personal Data Protection, Mihaela Catalina Raceu informs the USER that there is a personal data file identified as "CLIENTs" "Suppliers" created by and under the responsibility of Mihaela Catalina Raceu for the purposes appropriate to the processing, including:
- a) The management of legal-economic relations between the owner and its CLIENTS.
- b) The management of the service contract with the CLIENT.
To the extent authorized by the interested party; the USER is responsible for the accuracy of said data.
Unless otherwise stated, the data owner expressly consents to the total or partial authorized processing of said data for the time necessary to comply with the aforementioned purposes.
Mihaela Catalina Raceu undertakes to comply with its obligation of secrecy regarding personal data and its duty to store them, and to adopt the security measures required by applicable legislation to prevent their alteration, loss, processing, or unauthorized access, always in accordance with the available technology.
The USER may send communications and exercise the rights of access, rectification, cancellation, and opposition via email: raceu@RaceuHats.com along with valid legal proof, such as a photocopy of the D.N.I. or equivalent, indicating "DATA PROTECTION" in the subject. These actions can also be performed directly from "My account" in the corresponding RGDP section.
These terms are subject to Mihaela Catalina Raceu's privacy policy.
LIMITATION OF LIABILITY
RaceuHats.com reserves the right to make modifications and updates to the information contained on the Website, its configuration and presentation, access conditions, contracting conditions, etc., at any time and without prior notice. Therefore, the USER must access updated versions of the page.
In no case is RaceuHats.com responsible for any breach of contract on your part, negligence regarding 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 derived from your misuse of the provided tools.
The sole responsibility of RaceuHats.com 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 harm that may arise from the improper use of the supplied products or services.
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 downloadable documents on the website.
It is strictly forbidden to modify, transmit, distribute, reuse, resend, or use all or part of the content of the page for public or commercial purposes without the authorization of Catalina Mihaela Raceu.
The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as a crime punishable in accordance with articles 270 et seq. of the current Criminal Code.
In the event that the USER wishes to report any incident, comment, or file a complaint, they may send an email to raceu@RaceuHats.com indicating their full name, the purchased product, and stating the reasons for their complaint.
To contact Catalina Mihaela Raceu or to raise any doubt, question, or complaint, you can use any of the following means:
* Email: raceu@RaceuHats.com
LANGUAGE
The language in which the contract between RaceuHats.com and the CLIENT will be celebrated is Spanish and English. The Spanish version of the contract will always take precedence.
JURISDICTION AND APPLICABLE LAWS
RaceuHats.com and THE USER, for any controversy that may arise from the access or use of this Website, shall be governed by Spanish legislation and submit to the Courts and Tribunals of the province of Barcelona.