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Terms and conditions of use

Article 1. Purpose

This document (Terms & Conditions) defines the conditions applicable to purchases and orders made via the website www.tiendadelbarco.com between:

• on the one hand: the client, that is to say, a person legally capable of entering into binding contracts; and at least 18 years old , who is acting for purposes which are not part of their commercial, industrial, artisanal or liberal activities, hereinafter referred to as "the client"

• and on the other hand, Tienda Del Barco, a commercial trademark belonging to Tecnocean Balear S.L., registered in Palma de Mallorca, whose registered office is C/ Bellpuig 26 - Local 1, Izquierda - 07014 - Palma De Mallorca - Illes Balear – Spain with the VAT identification number ESB57355380.

1.1 Application of the terms and conditions

These general Terms and Conditions of sale (hereinafter the "T&C") apply only to orders placed on the Website www.tiendadelbarco.com of one or more products invoiced and delivered in Europe and other countries where Tienda Del Barco ships. They prevail over any other stipulations written or not, made by the client, in compliance with the rules established for the concluded e-commerce contracts.

Ordering on the site www.tiendadelbarco.com entails full acceptance of the present Terms and Conditions, which is expressly recognized by the client, who renounces, in particular, to rely on any contradictory document, which would be unenforceable to mylittleheadboard.com.

These Terms and Conditions are valid from 30/09/2018. Tienda Del Barco reserves the right to modify the content of these Terms and Conditions at any time without incurring any obligation to notify the client. The new T&C will come into force on the date of publication on www.tiendadelbarco.com.

Article 2. Availability, prices and taxes.

2.1 Availability

Tienda Del Barco undertakes to honor the order made through the website only within the limits of available stocks.

In the event that the client places an order for one or more unavailable products, Tienda Del Barco undertakes to notify the client by e-mail as soon as possible and, if necessary, the period within which the Product (s) will be available.

The client may cancel all or part of his order or accept a product of a quality and an equivalent price offered by Tienda Del Barco.

In the event of a definitive unavailability of one or more articles ordered, refusal of the client to wait for the availability of the product (s) and/or refusal of the client of a replacement product, the client's bank account will not be debited of the amount of the product (s) ordered, as well as the amount of the associated shipping costs.

2.2 Price

All products prices are indicated in euros, all Spanish taxes included but exclusive of order processing and shipping costs. The total amount due by the client is indicated to him before and after confirmation of the order.

In the event of you ordering online a product that is unpriced or obviously priced incorrectly, we reserve the right to refuse your order.

Products remain the property of Tienda Del Barco until the order has been paid in full. The total price must be paid in a single payment at the time of placing the order and will be immediately debited to the client's account before the shipment of the ordered product (s).

2.3 Taxes

Any order placed on the site and delivered outside Spain may be subject to taxes and customs duties that are enforced when the parcel reaches its destination.

These customs duties and any taxes linked to the delivery of a purchase are the responsibility of the client.

Tienda Del Barco is under no obligation to verify and inform its clients of applicable customs duties and taxes, given the fact that Tienda Del Barco does not control these charges, has no means of forecasting them, and because customs policies are different from one country to another. Consequently, the client is invited to obtain information from the competent authorities of his country.

Article 3. Order

The client may place an order with Tienda Del Barco of the available articles (hereinafter the "order") on the website www.tiendadelbarco.com.

3.1 Order process

In order to complete the order, the client must follow the following order process:

• Choice of the product (s), quantity and addition to the shopping cart;

• Validation of the contents of the basket;

• Register on www.tiendadelbarco.com if the client is not already identified;

• Verification of the elements of the order and, where appropriate, identification and correction of errors;

• Choice of the delivery option and shipping address

• Validation of the payment according to the modalities defined in article 5 "payment methods";

• The client receives electronically and without delay a confirmation of acceptance of payment of the order.

The client also receives an e-mail confirming the order from Tienda Del Barco. The e-mails confirming the registration of the order and its payment constitute for the client proof of his order and the payment made. It is the client's responsibility to retain this document.

The client will be able to visualize during these different steps the detail of his order and its total price. He will be able to correct his order of possible errors, before confirming it to express its acceptance.

The validation of the order by the client implies unreserved acceptance of the present T&C, as well as the price and the description of the product (s) available for sale.

3.2 Order processing

Tienda Del Barco processes orders from Monday to Friday (except holidays), within an average of 48 hours. At certain times (especially during holidays and sales), the processing time may be longer due to the greater number of orders to be processed.

Tienda Del Barco reserves the right to cancel or refuse any order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the client concerning the payment of a previous order.

Article 4. Right to cancel

4.1 Timeframe

The client has a period of fourteen (14) days to use his right to cancel, starting from the day the products have been delivered, without having to justify reasons nor to pay penalties. The right to cancel period expires fourteen (14) days after the day on which the client, or a third party (other than the carrier) designated by the client, physically takes possession of the ordered product (s).

4.2 How to use your right to cancel

The client may express his will to cancel by contacting Tienda Del Barco’s customer service:

• by email: info@tiendadelbarco.com
• by telephone: Monday to Friday from 10:30 am to 1:30 pm at +34 971 715 123

The client must indicate his contact details and the references of his order. The customer service will acknowledge receipt of the client's request and will talk him through the return process. Tienda Del Barco does not accept parcels sent in postage due or pay on delivery.

4.3 Returns

The client shall return to Tienda Del Barco the product (s) delivered to the following address:

Tienda del Barco , C/O Tecnocean Balear S.L. Calle Bellpuig 26 - Local 1, Izquierda 07014 - Palma De Mallorca – Illes Balears - Spain

The cost of returning the delivered product (s) will be borne by the client who has used his right of cancelation. All returned products must be completely intact, i.e. with their original and undamaged packaging, accessories and instructions. The liability of the client can only be engaged if the returned products are not in their original condition.

4.4 Refunds

The client shall be fully reimbursed for all amounts paid for the purchase of the product (s) (including delivery charges). When the goods have been fully inspected after their return, we will refund the price which will be paid within 30 days of the goods having been returned. This does not affect your statutory rights.

Tienda Del Barco will refund the product (s) using the same means of payment as that used for the initial transaction, unless the client expressly agrees to use another means of payment and to the extent that the refund Does not incur fees for Tienda Del Barco.

On the proposal of Tienda Del Barco and as a refund of the sums paid for the purchase of the product (s), the client may opt for the exchange of the product (s) or its reimbursement in the form of a voucher.

Article 5. Payment method

Tienda Del Barco takes the security of payments and confidentiality very seriously. Tienda Del Barco offers online payment by credit card (Visa, Mastercard, American Express, Maestro). We also accept payment by Paypal and bank transfer.

5.1 Payment by credit card

The following credit cards are accepted: Visa, Mastercard, American Express and Maestro. Our bank, Banco Popular, guarantees fully encrypted and protected banking data.

At the time of payment, the client indicates his card number, validity date and the cryptogram on the back of his credit card. This data is automatically transmitted in encrypted mode (SSL protocol "Secure Socket Layer") to be checked in order to avoid abuses and fraud.

The commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his / her credit card, the client authorizes Tienda Del Barco to debit his credit card from the amount corresponding to the total price of the order.

5.2 Fighting credit card fraud

Tienda Del Barco reserves the right to verify the personal data communicated by the client and to adopt all measures deemed necessary to verify that the person whose bank account is debited is the one who placed the order, with a clear view to avoid fraudulent payments. This verification may take the form of a request for proof of identity and / or domicile and / or bank documents. A client’s failure to respond to such verification, within 2 days of the request made by Tienda Del Barco, will automatically lead to the cancellation of the order.

Tienda Del Barco will also be free to directly cancel an order that has one or more risk factors for fraudulent use of a credit card.

5.3 Payment by bank transfer

You can pay by bank transfer. All our banking information will be displayed and sent to your email address. Do not forget to specify the order number in the subject of your transfer. Your order will be processed upon receipt of your payment.

Article 6. Billing

A detailed invoice of the order is addressed on the parcel sent to the client.

Article 7. Delivery Terms

The products purchased on www.tiendadelbarco.com are delivered in Europe and other worldwide countries.

The client will be delivered to the delivery address indicated by him at the time of the order, which can only be the address of the permanent home of the client or the address of the domicile of a third person, individual or business. Products are shipped with the delivery note and purchase invoice to the delivery address indicated by the client at the time of the order. Unless one or more Articles are unavailable, the product (s) ordered will be delivered in one go. The delivery refers to the transfer of property from Tienda Del Barco to the client.

We use Fedex and TNT to ship our products in Europe and the rest of the world. If the consignee of the delivery is absent on the day of delivery, the carrier shall leave a note at the delivery address indicated by the client. Products must be retrieved or withdrawn at the address and in the manner indicated by the carrier. In the absence of withdrawal within the time limit set by the carrier, the products will be returned to Tienda Del Barco, which reserves the right not to reimburse the total price of the order to the client. In the event of return of the ordered product (s) not withdrawn by the client, Tienda Del Barco will inform the client by e-mail. In case of return to Tienda Del Barco of the product (s) ordered and not withdrawn, the delivery costs will be charged to the client accordingly to the shipping costs mentioned during its order. Tienda Del Barco reserves the right to modify, at any time, the choice of its carrier, as long as it does not cause inconvenience to the client.

Article 8. Delivery Time

In general, www.tiendadelbarco.com indicates the availability of products and their delivery times.

8.1 Delivery in Spain and Portugal:

Delivery of the products purchased on www.tiendadelbarco.com is done on average between 3 to 4 working days after the order has been processed (Average recorded time for available products after Fedex pickup - excluding weekends and holidays).

8.2 Delivery in Europe and rest of the world:

Delivery of the products purchased on www.tiendadelbarco.com is done on average between 3 to 8 working days after the order has been processed (Average recorded time for available products after Fedex pickup - excluding weekends and holidays).

8.3 Verification of the order when received by the client:

The client is obliged to check the condition of the packaging as well as the products upon receipt of the package. It is the client's responsibility to issue any reservations and complaints he deems necessary or even to refuse the package when the package is clearly damaged upon delivery.

Any anomalies concerning the article (s) (damage, missing product in relation to the order, damaged or open package, broken article, defective ...) must be notified, the day of the delivery or at the latest in within two (2) clear days of receipt of the ordered products, to Tienda Del Barco’s customer service by e-mail (info@tiendadelbarco.com) or via the contact form available on the "Contact" page of the website. It is specified that when this period expires on a Saturday, a Sunday, a public holiday or a non-working day, it is extended until the next working day.

8.4 Additional information on deliveries delays:

Tienda Del Barco is committed to doing everything possible to meet the delivery times indicated on the site. However, this information on delivery delays should be regarded as purely indicative and any excess will not entitle the client to any compensation or cancellation of the order.

In any case, Tienda Del Barco undertakes to deliver the product (s) ordered within a maximum period of thirty (30) clear days following the conclusion of the sale.

In the event of non-compliance with this deadline, the client may either instruct Tienda Del Barco to make the delivery within a reasonable additional time by contacting the customer service, or obtain immediate resolution of the sale by registered “signed for “ letter with request, to the following address:

Tecnocean Balear S.L. C/ Bellpuig 26 - Local 1, Izquierda - 07014 - Palma De Mallorca - Illes Balear – Spain

If the excess is not due to force majeure, the sale will be deemed to be terminated upon receipt of this registered letter and Tienda Del Barco will reimburse the client for all amounts paid, not later than thirty (30) days after the conclusion of the contract.

Article 9. Delivery Charges

The participation in the delivery costs (packing, transport, delivery and follow-up of your order) is variable and is added only once to the amount of your order. It takes into consideration the volume/weight of your parcel(s), as well as the shipping method chosen during the checkout process.

For every order, a tracking number is emailed to the client when shipping his purchases. You can follow your order’ s delivery progress wherever you are.

Article 10. Colors

The seller is responsible for communicating to the client the essential characteristics of the products. The photographs on the website are as faithful as possible but cannot always ensure a perfect similarity with the exact shade of the color offered. It is pointed out that computer screens may have small or large differences in color rendering.

Article 11. Protection of personal data

Tienda Del Barco collects personal data about the Client browsing the site www.tiendadelbarco.com by using cookies in accordance with current legislation.

This data collection occurs:

• when the client creates an account,

• when the client subscribes to newsletters or alerts offered by Tienda Del Barco,

• when the client makes an order or a request to return to the site,

• when the client contacts Tienda Del Barco’s customer service,

• when the client participates in a contest,

• when the client browses the site and consults products,

• when the client writes a comment or an opinion on an article,

• When the client shares a review with a friend by sending an e-mail from a product page,

• when the client shares a review via Facebook from a product page.

Pursuant to law 78-17 of January, 6th 1978, it is recalled that the personal data requested from the client are intended for the use of Tienda Del Barco. They are necessary for the processing and management of the client's orders and for the commercial relations between Tienda Del Barco and the client.

They also allow Tienda Del Barco to provide the client with personalized services and to improve the relevance of the information that is offered to him. Tienda Del Barco is responsible for their treatment. They may be transmitted to companies and subcontractors that Tienda Del Barco might use for the execution of the orders.

The client shall have the right to access, rectify and oppose all personal data at any time by writing by mail, justifying his identity, to the following address:

Tecnocean Balear S.L. C/ Bellpuig 26 - Local 1, Izquierda - 07014 - Palma De Mallorca - Illes Balear – Spain

Or by email to info@tiendadelbarco.com

Cookies

A cookie is information deposited on your hard disk by the server of the site you are visiting. It contains several data:

• The name of the server that dropped it;

• A unique identifying number;

• Sometimes an expiry date.

This information is often stored on your computer in a simple text file that a server accesses to read and save information. No personal data such as your name, surname or email address is stored in a cookie.

Tienda Del Barco uses cookies in order to recognize the client when he connects to the site www.tiendadelbarco.com.

They are used to authenticate you throughout the browsing period on the website www.tiendadelbarco.com and to store the contents of your shopping cart. They also allow us to personalize the services offered to you and to generate traffic statistics in order to monitor and improve the quality of our services.

When the client browses on the website www.tiendadelbarco.com, cookies from partner companies may be placed on the client's computer. The purpose of these cookies is to identify the products viewed or purchased on Tienda Del Barco’s site and to collect browsing data in order to personalize the advertising offer that is displayed to the client outside the website www.tiendadelbarco.com

Within the framework of this type of advertising partnership, Tienda Del Barco may transmit to the partner data regarding the products consulted by the client while browsing the website www.tiendadelbarco.com as well as the nature of its purchases.

The client may at any time disable the use of these cookies by selecting the appropriate settings in his Internet browser (Internet Explorer, Firefox, Safari, Google Chrome, etc.). However, this deactivation may restrict access to certain functionalities of the website.

Data storage

These terms and conditions, whose storage and reproduction are provided by Tienda Del Barco in compliance with article 1369-4 of the civil code, may be saved by anyone visiting the website and/or printed.

Tienda Del Barco will store order forms and invoices on a reliable and lasting basis, constituting a faithful copy in accordance with the provisions of Article 1348 of the civil code. The computerized records of Tienda Del Barco will be considered by the parties as evidence of communications, orders, payments and transactions between the parties.

Article 12. Intellectual property

All texts, comments, artwork, illustrations and images reproduced on the website www.tiendadelbarco.com are reserved under copyright and intellectual property rights worldwide.

As such, and in accordance with the provisions of the intellectual property code, only private use is permitted, subject to different or even more restrictive provisions of the intellectual property code. Any total or partial reproduction of the site www.tiendadelbarco.com is strictly prohibited unless otherwise agreed.

Any individual who has a personal website and, more generally, any third party wishing to place on his site a simple link pointing at the homepage of the site, is authorized to do so, as long as he has obtained the express agreement of Tienda Del Barco. This agreement shall in no way constitute an implicit agreement of affiliation.

Article 13. Liability

Tienda Del Barco is fully liable to the client for the performance of the contract concluded with the client.

However, Tienda Del Barco cannot be held liable for the breach or execution of the contract concluded in case of force majeure, the occurrence of a fact attributable to the client or any inconvenience, unforeseeable and insurmountable damage inherent to the use of the internet, including a breakdown of service, external intrusion or the presence of computer viruses.

The site www.tiendadelbarco.com contains hypertext links that can refer to other websites. Tienda Del Barco cannot be held liable for the contents of these websites if they violate the legal and regulatory provisions in force.

The photographs and illustrations displayed with the products of the website have no contractual value and therefore cannot engage the responsibility of Tienda Del Barco.

Article 14. Customer service

For any information or question, in particular regarding the follow-up of an order, or for any complaint, the customer service of Tienda Del Barco can be contacted:

• by e-mail: info@tiendadelbarco.com;

• via the contact form on the "contact" page of www.tiendadelbarco.com;

• by mail to: Tecnocean Balear S.L. C/ Bellpuig 26 - Local 1, Izquierda - 07014 - Palma De Mallorca - Illes Balear – Spain

• by telephone from Monday to Friday from 10.30 am to 1.30 pm: +34 971 715 123

Article 15. Force Majeure

The execution by Tienda Del Barco of all or part of its obligations shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would hamper or delay its execution.

The various cases recognized by Spanish jurisprudence are considered as such. In such eventuality, Tienda Del Barco will notify its Clients within seven (7) days by e-mail.

Article 16. Nullity

Should any part of these terms and conditions become unenforceable, the remainder of these T&C will not be affected. As much as possible, if a clause / sub clause or part of clause / sub clause can be separated from the rest of the clause in order to make the remaining part valid, the clause should be interpreted accordingly. Otherwise the client accepts that the clause in question is rectified and interpreted in such a way that it reflects best its original meaning, in accordance with the law.

Article 17. Applicable Law and Dispute Resolution

17.1 Applicable law

The present conditions of sale on line are subject to the Spanish law.

17.2 Amicable settlement

Tienda Del Barco and the client will endeavor to settle amicably any dispute concerning the interpretation or the execution of the present T&C.

For any complaint, the client must contact Tienda Del Barco’s customer service, whose address and telephone number are in Article 13 "customer service".

If no agreement is found following this first contact, the client may send a registered “signed for” letter to Tienda Del Barco’s customer service. In this letter, the client shall:

• explain the problem encountered and the purpose of its complaint;

• indicate his / her contact details, the reference of his order and attach all necessary documents (copies of the order form, delivery note, invoice ...).

Tienda Del Barco undertakes to process the claim within a maximum of two (2) calendar months from receipt of the claim. In any case, the client has the right to refer the matter directly to the competent court.

17.3 Jurisdiction

In the event of a dispute arising from its formation, execution, interpretation or termination, the parties shall assign exclusive jurisdiction to the competent courts of Palma de Mallorca.