Legal Notice

GENERAL SELLING CONDITIONS:

1. IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE:

IRRELEVANTE BAGS S.L.U

TRADE NAME:

Unsarao

COMPANY ADRESS:

Ronda Narcís Monturiol, 6, Of.103, 46980, Paterna, Valencia (España)

T.I.N.:

B40591505

CONTACT:

PHONE:

 

EMAIL:

contact@unsarao.com

PUBLIC REGISTER:

Volume: 9375            Book: 6657

Page: 8                     Sheet: 145255

 

This document establishes the terms and conditions governing the purchase through the Website owned by Irrelevante Bags S.L.U (hereinafter, “THE COMPANY”), of the products and services offered therein (hereinafter, the “General Terms and Conditions of Sale” or “GCS”).

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:
By placing an order through the Website, you declare that you are over 18 years of age and have legal capacity to enter into contracts. If you place an order on behalf of a legal entity, you declare that you have sufficient capacity to represent that legal entity and to accept these GCS.
Also, from the moment you place the order, after checking the boxes provided on the purchase form, you accept and agree to comply with these General Conditions of Sale. The present GCS replace any other previous conditions reflected in any other document.
Consequently, please read these GCS carefully before placing an order through the Website.
The purchase shall be deemed to be made at the registered office of THE COMPANY, indicated in the previous paragraph.
THE COMPANY has the right to revise and modify these T&Cs at any time and without prior notice. However, such changes will have no effect on orders processed and shipped prior to the corresponding modification.


3. PERSONNAL DATAS:
The information or personal data you provide will be treated in accordance with the provisions of the Privacy Policy included in this Web Site. By using this Web Site you declare that the information and data provided are truthful, accurate and correspond to reality.


4. CORRECTION OF ERRORS IN THE INTRODUCTION OF DATA:
If it is necessary to correct the information or personal data provided during the purchase process, please contact our customer service.
5. PURCHASING PROCESS:
The purchase process can be carried out in Spanish or English depending on the language option you select at the top right of the web. It consists of several steps that are summarized below:
a. Beginning of the purchase process:
To purchase any of our products, you just have to choose the product you want from those offered on the web and add it to the cart.
b. Formalization of the Order:
Once you have added all the products you want to the cart, you will be able to visualize the cart and check all the products added.  The second step to complete the order will be to enter your personal data in the purchase form for shipping and billing of products. For this purpose, you will need to provide, among other things, your name or company name, address, telephone number or e-mail address, which must be true and accurate.
When you have entered all the data in the purchase form, you have selected the payment method you want and check that the products added are correct, it will be necessary that you read and accept our “Privacy Policy”, our “Terms and Conditions of Use of the Website” and these “General Conditions of Sale”.
At the moment you have proceeded with the payment, you will be informed of all the order details (including an order number [the “Order No.”]). Please note that the Order No. is provided for reference purposes only and in no way constitutes a confirmation by THE COMPANY of acceptance of the order.
Placing an order means making an offer to purchase the products selected and included in the shopping cart in accordance with these terms and conditions. THE COMPANY reserves the right to accept such offer at its sole discretion and may accept it only in part, and if it does not do so for any reason, THE COMPANY will attempt to contact you by email, telephone or mail to seek a solution, and if applicable will refund any amount that you may have given to THE COMPANY.
c. Order Confirmation:
In the event that THE COMPANY accepts your order and after having verified the availability of the product ordered, as well as the payment made, it will notify you by sending you an order confirmation (the “Order Confirmation”). Such Order Confirmation will be sent by email and will be effective as of the date of shipment.
d. Shipping and Delivery of Order:

i. Shipping:

Upon receipt of the Order Confirmation, THE COMPANY will send you the product or products purchased through the Website, to the postal address indicated in the order form, and the same may not correspond to a post office box or public places, such as public roads, squares, stations, airports or other similar.

All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will contact you to find a solution.

Additionally, items offered through this Web Site are available for shipment to any country in the world.

ii. Delivery:

Delivery will be made in the following time frames depending, depending on where the shipment is being made to:

– 1 to 15 days for shipments to Europe
– From 2 to 30 days for all other countries.

The delivery times will begin to count from the confirmation of the order, and will be carried out in the postal address that you have included in the order data, except in case of force majeure.

You will be able to track your order through the platform of the transport company that will make the delivery.

You must take into account that you will be responsible for the risk of the product from the moment of delivery, so from that moment you will be solely responsible for it. Notwithstanding the foregoing, and despite having proceeded to its delivery, you will not acquire full ownership of the products until THE COMPANY receives full payment of all amounts due in connection therewith, including shipping costs that may be applicable.

6. PRICE, PAYMENT METHODS AND INVOICING:


a. Price:
All prices are in EUROS. The prices will be those published on the Website at the time the order was placed.
All prices include Value Added Tax (VAT) in accordance with current legislation, however, depending on the shipping territory, costs and taxes related to shipping and order processing are excluded, which, if applicable, will be informed and added to the final price.
When you place an order for delivery in a country outside the European Union, you may be required to pay import duties and taxes, which will be charged at the time the package arrives at its destination and it is not possible to anticipate them at the time of ordering. Thus, you are informed that any additional amount due to customs clearance will be borne by you. THE COMPANY has no control over such amounts. Customs policies vary significantly from one country to another so, for more information, please consult with the corresponding customs office. Please also remember that when you place an order through our Web Site you are formally considered by law to be an importer, and you must comply with all applicable laws and regulations in the country in which the product is received. Your privacy is a matter of great importance to us and if you are an international customer please be aware that international shipments are subject to inspection and opening by customs authorities.
Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation.


b. Payment method:
THE COMPANY accepts the following methods of payment through the Website:

Credit/Debit card

You can pay using Visa, MasterCard, Amex, Maestro debit or credit cards.

 

Your credit card details are sent directly to the corresponding payment gateway for payment settlement with your bank. The website is SSL (Secure Sockets Layer) certified, a global security standard that ensures that the sending of data between the sender and receiver system is encrypted.

 

No one in THE COMPANY, can have access to your credit card data, neither during the payment, nor afterwards.

 

Google Pay

 

Apple Pay

 

 

You can pay through Gooogle Pay or Apple Pay quickly, easily and securely.

PayPal

 

PayPal allows any business or individual consumer with an email address to securely send and receive payments. Under the "Pay with PayPal" option, you will be able to access PayPal's secure website. Once there, if you already have a PayPal account, you will be able to authorize the payment. The use of PayPal as an online payment method is secure.

c. Facturaction:

You expressly authorize THE COMPANY to issue the invoice in electronic format, it will be sent to the email address you have indicated when registering on our website or during the purchase procedure and will be sent in Spanish. However, you can communicate us at any time your wish to receive an invoice in paper format, in which case, we will issue and send the invoice in this format.

The electronic invoice will be stored in our servers for 5 years, counted from the moment it was sent to you by e-mail. This way you will be able to request it, for example in case of loss, through our customer service.

7. LEGAL WARRANTY:

As a consumer you have the right to be protected for a period of time against existing defects or lack of conformity with the products:

This mandatory warranty involves a number of rights that you can exercise:

– Repair
– Replacement
– Price reduction
– Resolution of the contract

• Repair and replacement:

If the product is defective or does not conform to the one you purchased, you may choose between repair or replacement, provided that one of these two options is not objectively impossible or disproportionate.

Repair

It will be free of charge, as well as the cost related to the same, especially shipping costs, costs related to labor and materials.

It will be carried out within a reasonable period of time and without major inconveniences, taking into account the nature of the products and their purpose.

Once the product is delivered for repair, the warranty period is suspended until we return it to you repaired.

Once we have delivered the repaired product to you, for the next 6 months we will be liable for any repair defects that may arise..

In addition, if the repaired product is still not in conformity with the one originally purchased, you may choose: its replacement (unless it is disproportionate), the price reduction or the termination of the contract (both explained below).

When you deliver the product to us for repair, we will give you a receipt with the date of delivery and the defect. When we deliver the repaired product to you, we will give you another receipt with the date of delivery and the repair carried out.

Replacement

You will not be able to choose replacement in the case of non-fungible products (non-replaceable because they are unique), nor in the case of second-hand products.

It will be free of charge, as well as the cost related to the same, especially shipping costs, costs related to labor and materials.

It will be carried out within a reasonable period of time and without major inconveniences, taking into account the nature of the products and their purpose.

From the moment you request the replacement, the warranty period is suspended until we deliver the new product. The new product does not have a new warranty period, but continues with the initial one.

If the new product is still not in conformity with the one originally purchased, you may choose: repair (unless it is disproportionate), price reduction or termination of the contract (both explained below).

When you give us the product to be replaced, we will give you a receipt with the delivery date and the defect. When we deliver the new product, we will give you another receipt with the delivery date.

  • Price reduction and termination of the contract:

Price reduction

You may exercise this right, when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable period of time and without major inconveniences.

It shall be proportional to the difference between the value of the non-defective or non-conforming product and the value of the defective or non-conforming product.

Termination of the contract

You may not exercise this right if the nonconformity is minor.

For the rest of the cases, you will be able to exercise when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable period of time and without major inconveniences.

For how long do I have these rights?

New products

2 years from the date shown on the invoice or purchase receipt, or on the delivery note if it is dated later.

How do I exercise them?

You should contact us through the following email contact@unsarao.com where we will tell you how to proceed.

Please note that:

You must inform us of the defect or lack of conformity within 2 months after you become aware of it, as you will be liable for any damages caused to us by the delay in your communication. However, you maintain the rights mentioned above.

It is understood that the product is free of defect or conforms to the one purchased, provided that:

Conforms to the description made by THE COMPANY and possesses the qualities that have been indicated on this Website.

Is suitable for the uses to which products of the same type are ordinarily destined.

And, present the usual quality and performance of a product of the same type that can be reasonably expected in view of the nature of the product and, if applicable, of any public statements on the specific characteristics of the products that we may have made.

8. LEGAL RIGHT OF WITHDRAWAL:
In accordance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, “Royal Decree 1/2007”), in the event that you are a consumer, as that term is defined in the aforementioned regulation, you will have the right to withdraw from the sale and purchase within 14 calendar days from receipt of the products object of the sale and purchase without having to justify your decision and without penalty of any kind, unless the sale and purchase refers to some of the products and/or services detailed in article 103 of the aforementioned law, including but not limited to the following

(i) The supply of goods made to the specifications of the consumer and user or clearly personalised;
(ii) The supply of goods that are likely to deteriorate or expire quickly;
(iii) And the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

For the products offered on our website you can exercise your right of withdrawal as follows:

How do I exercise my right?
You must notify your decision to withdraw from the purchase contract by means of an unequivocal statement sent by e-mail to the address contact@unsarao.com or by post to Ronda Narcís Monturiol, 6, Of. 103, 46980, Paterna, Valencia in which your contact details, the order reference, delivery date and a photocopy of your DNI/NIF must be included. For this purpose, you may use this cancellation form.

THE COMPANY will contact you to coordinate the return of the items subject to withdrawal. Unless otherwise indicated, you may return the products to the address Ronda Narcís Monturiol, 6-103, 46980, Paterna, Valencia.

In order to comply with the withdrawal period, it is sufficient that the communication regarding the exercise of the aforementioned right is sent before the corresponding period expires.
In the event of withdrawal in accordance with this Clause, THE COMPANY will refund all payments received in relation to the purchase subject to withdrawal, including the delivery costs that you may have paid corresponding to the cheapest delivery option offered, no later than 14 days following the day on which THE COMPANY receives the aforementioned communication. However, the costs of returning the products shall be borne by you.
THE COMPANY may make such reimbursement using the same means of payment that you would have used for the initial purchase transaction unless another means of payment is expressly agreed. Notwithstanding the foregoing, THE COMPANY may withhold reimbursement until it has received the purchased goods or until you have provided proof of return of the goods, whichever is the earlier.
Goods must be returned in packaging that ensures that the goods are properly protected in transit.

9. CUSTOMER SERVICE:

In any case, for any incident or complaint you can send an email to the address contact@unsarao.com. As a consumer you can request complaint forms at the registered office of THE COMPANY.

10. RESPONSIBILITY OF THE COMPANY:

THE COMPANY shall not be liable for (i) those losses that were not attributable to any breach by it, (ii) business losses (including loss of profits, revenue, profits, contracts, data or unnecessary expenses incurred) (iii) those indirect or consequential losses that were not reasonably foreseeable by both parties at the time the contract for the purchase of the products was entered into.

Nothing in these terms and conditions limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or wilful misconduct.

In addition, our liability in respect of any product purchased on our website shall be strictly limited to the purchase price of that product.

Please note that this has no effect on your statutory rights as a consumer under the terms of Royal Decree 1/2007, nor on the right to return goods in accordance with clause 8.

11. WRITTEN COMMUNICATIONS:

Applicable law requires that some of the information or communications we send to you be in writing. By using this Website, you agree that the majority of such communications with THE COMPANY will be electronic. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that THE COMPANY sends to you electronically comply with the legal requirement that they be in writing. This condition shall not affect your statutory rights.

12. NOTICES:

The notifications you send to THE COMPANY should preferably be sent through our email contact@unsarao.com. In accordance with the provisions of clause 11 above and unless otherwise stipulated, THE COMPANY may send communications to you either by e-mail or to the postal address provided by you when placing an order.

Notifications shall be deemed to have been received and properly made 24 hours after an e-mail has been sent, or 3 days after the postmark date of any letter. In order to prove that notice has been given, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to the post office or a post box and, in the case of an email, that the email was sent to the email address you specified when placing the order.

13. ASSIGNMENT OF RIGHTS AND OBLIGATIONS:

In the event of a purchase through this Website, these T&Cs are binding on both you and THE COMPANY, as well as their respective successors, assigns and successors in title.

You may not transfer, assign, encumber or otherwise transfer your contractual position or any of your rights or obligations arising thereunder to or for you without the prior written consent of THE COMPANY.

14. ONLINE DISPUTE RESOLUTION PLATFORM:

In accordance with the provisions of Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution in Consumer Matters amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, consumers have an Online Dispute Resolution Platform, which can be accessed from the following link:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES

Through this link, users of the Website will be able to access the European Online Dispute Resolution Platform. In the event that you have had a problem with a purchase or the provision of an online service, you may use this means to submit any complaint in relation to the purchase or provision of services, as well as to opt for out-of-court settlement of the dispute.

A direct access has been established in the footer of the website to allow consumers easy access to this platform.

15. PARTIAL NULLITY:

If any of the present GCS were to be declared null and void by a firm resolution by a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity, and the null or unenforceable clause shall be replaced by another that can be assimilated to the previous one in the most appropriate way possible.

16. FORCE MAJEURE:

Neither you nor THE COMPANY shall be liable for breach of these T&Cs as a result of force majeure beyond your control. Force majeure shall mean any act, event, default, omission or accident beyond reasonable control, including but not limited to: strikes, lockouts or other industrial action, natural disasters, civil commotion, terrorist threats or attacks, inability to use trains, ships, aircraft, motor transport or other means of transport, among others.

Obligations shall be deemed to be suspended for the period during which the force majeure continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the force majeure.

17. GOVERNING LAW AND JURISDICTION:

The contract for the purchase of products through this Website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the Website or the said contract shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, the competent court being the court or tribunal that corresponds in accordance with the regulations in force.

Notwithstanding the foregoing, if you are contracting as a consumer under the terms of Royal Decree 1/2007, nothing in this clause shall affect your rights as a consumer under current legislation.