TERMS AND CONDITIONS

General information clause to comply with article 10 of Law 34/2002 on Information Society Services and Electronic Commerce

1. Identifying Information

The website https://pepeberto.com/ (hereinafter, the “Website”) is an online shop for the sale of leather bags, and leather and fabric with its own designs, personalised designs or designs at the request of the customer. It is the property of Rosalía Fernández Álvarez,  entered in the Special Regime for Workers, with Corporate Tax ID no.: 05274489Z and address at C/Golondrina, No. 9, Urb. Las Vegas, Post Code 28229, Villanueva del Pardillo, Madrid.

The contact e-mail address is info@pepeberto.com. You can also contact us through the telephone number 679958810 .

The present LEGAL CONDITIONS are to regulate access, browsing and, in general, the relationship between the website and the users of the same (hereinafter, the “Users”), as well as the purchase of products offered through the same. The use of the websites grants them the condition of user and implies the full and unreserved acceptance of each and every one of the provisions contained in this Legal Notice, in the version published by the “website”, at the same moment that the user accesses the same. As a result, it is the duty of the user to carefully read this legal notice each time they use the Website, because it can undergo changes.

2. Scope of application and use of the portal

The website provides the services and contents (texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property) on the website https://pepeberto.com/ registered under the domain name https://pepeberto.com/.

Also, they will be able to enable websites to third parties in order to advertise their products and/or services. In these cases, the owner shall not be responsible for establishing the general and specific conditions to be taken into account in the use, provision or contracting of these services by third parties, and therefore, may not be held liable for the same.

The use and/or the hiring of these specific services implies the acceptance of the conditions governed in the version published on the website at the time of such use and/or contracting.

The owner reserves the right to remove all comments and contributions that harm respect for the dignity of persons, which are discriminatory, xenophobic, racist, pornographic, which attack young people or children, order or public security or which, in their view, prove to be unsuitable for publication. In any case, the owner shall not be responsible for the views expressed by the users through the forums, chats, or other tools of participation.

Use of the website and services must be carried out in a legal and behaviourally acceptable manner. The user undertakes to make proper use of the platform, content and services, not employing them for the following:

  • In illegal, illegal activities or those contrary to good faith and public order.
  • Disseminate content or propaganda of any nature that is racist, xenophobic, pornographic-illegal, an apology for terrorism or which is detrimental to human rights.
  • Cause damage to physical and logical systems of its suppliers or third parties.
  • Attempt to access and, if necessary, use the accounts of other users or personal services and modify or manipulate their messages or content.
  • Create spam or send unsolicited messages.
  • Any other use that may in any way damage, disable, overload, or impair the portal or the services or prevent normal use or enjoyment of the website or services by users

3. Products and Services offered through the website

Through the website, https://pepeberto.com/ the possibility is offered to carry out the purchase of leather bags, and leather and fabric with custom designs, personalised designs or designs at the request of the customer.

The acquisition of the services or products through the Website are expressly subject to the particular purchasing conditions of such services or products, established to that effect, without prejudice to the provisions in these General Conditions.

The use of certain services may require the filling out of additional forms whose conditions and privacy will be expressly stated.

Access to resources may entail the creation of a database account on the website. The use of this account would give access to a variety of platforms linked to the OWNER other than this website where its conditions of use must be followed.

4. Prices

The prices of the products in euros will be those that are expressly stated at the time of purchase on the website at any time, including the 21% of VAT, the website reserving the right to modify the particular conditions relating to the payment terms and scope of services or products.

The cost of shipping, distribution and/or management are not included in the price and will be shown prior to finalising your purchase, according to the shipping address for each order. Shipments to the Balearic Islands, the Canary Islands or the rest of Europe may carry an additional charge which shall be indicated before finalising the purchase. This supplement will not be susceptible to promotions or discounts.

When there are special offers or discounts, the original price and the discount applied will be determined clearly.

Additional costs will not be applied during the purchase process, except when the buyer voluntarily chooses to add additional conditions to their purchase.

In any case, the final cost of the purchase will be displayed to the user before finishing and accepting their order.

5. Payment method

https://pepeberto.com/ is responsible for the transactions carried out on the website.

“The owner” accepts: Mastercard and Visa credit and Visa debit cards through the Redsys secure payment gateway, with the virtual POS of Bankinter.

The total amount of your purchase, including shipping costs and VAT, will be charged to your card when finishing the purchase process. Then a confirmation of acceptance of the order is sent. If you cancel your order before the product has been shipped to you, we will proceed to give you a refund.

Payment with a credit/debit card guarantees a form of simple and secure payment. Your data will not be recorded in any database but the credit card details are entered on a secure page, which is transferred using SSL (cryptographic protocol that is used to make a secure connection between your computer and the bank’s virtual POS) directly to the Bank’s virtual POS and, in addition, it requires the authentication of the card holder by using a secret key (password).

6. Orders

To place an order, it is necessary to connect to https://pepeberto.com/. You can also register as a user, by filling in the electronic form which always appears in the store and following the instructions indicated there. To place an order, it is necessary to pre-select the products you wish to purchase, and then it will be necessary to follow the steps and fill out the electronic forms appearing at all times in the store.

Validation of the order by the customer expressly implies the knowledge and acceptance of these general contracting conditions as part of entering into the contract. In the absence of proof to the contrary, the data registered by  https://pepeberto.com/ constitutes proof of all transactions between https://pepeberto.com/ and its customers. The website will file the electronic document to formalise the contract and this will be accessible. If you do not agree with the information contained in the confirmation, you may request that this be changed or to cancel the contract.

The selection of products offered on https://pepeberto.com/ is valid insofar as the products are visible on the website, with the limits of available stock. If the goods are in stock, the approximate time is one week. If we do not have them in stock, we will make a request to suppliers or will proceed to the production of the goods, communicating when these are available Deadlines are calculated for working days, Monday to Friday- since https://pepeberto.com/ does not make deliveries on holidays, Saturdays or Sundays. The delivery times indicated are for guidance only. In the event that there is any breakage of stock or the occasional unavailability of an item, https://pepeberto.com/ will contact you to inform you immediately and give you a new delivery deadline or, if it is not possible to give you the product, proceed to cancel it. In any case, a delay in delivery with regard to the periods indicated shall not entitle the customer to demand any compensation.

All orders are subject to acceptance by “the owner”, who shall give notice of the acceptance of the order as soon as it is reasonably possible, either by electronic means or by any other means. The customer shall specify in their requests a delivery address and a contact telephone number (for the carrier/courier).

  • “The owner” reserves the right to cancel any order accepted with any material error in connection with the order, the price or any other terms posted on the website https://pepeberto.com/, which are related to the customers order, or if a subsequent verification of the customer’s credit conditions so warrants it. In the event of card payments, if the order has already been charged against the same and it is cancelled, “the owner” shall proceed to carry out a payment on the account used immediately, (so long as the merchandise has not left the store).
  • There may be circumstances in which it will be impossible to meet the deadline for delivery. Therefore, all the dates communicated for the delivery and the supply of products are approximate and “the owner” cannot guarantee that the supply actually takes place at the time previously agreed upon, except in the case of that such delivery dates have explicitly confirmed as binding. (In any case the delivery shall be not more than 30 calendar days from the date of the purchase.
  • “The owner” will use reasonable efforts to comply with the date of delivery. The orders will be delivered according to the deadlines referred to in these purchasing conditions.
  • The products are sent to the shipping address you have indicated in the order. The owner is not responsible for the costs arising from errors in the shipping address and the costs associated with it. In the case of making an order for multiple items with different availabilities, the time for shipment will take into account the expected longer delivery. In exceptional cases, the owner reserves the right to break down the order, sending the available items and leaving a second shipment pending for the items that are not available. In this case, the second shipment is at no additional cost. The shipping methods https://pepeberto.com/ are managed with the courier company CORREOS.
  • The minimum age to make a purchase is 16 years old.

7. Return, exchange and cancellation policies

If you are not satisfied, you can make a return of any purchases made at https://pepeberto.com/. You must contact our customer service at phone number 679958810.

The deadline for the return is fourteen (14) calendar days, counting from the date of receipt in order to carry out the right to return.

To make the return, the item and its accessories if any, shall be presented in good condition, as well as their original packaging.

The cost of shipping will be chosen and accepted by the customer.

Once the goods have been received at our warehouses and after checking their condition, you will get your money back.

In addition, the expenses incurred for the return shall be borne by the customer.

The reimbursement as a result of a return will be equal to the amount of the purchase of the returned product and its shipping cost. It shall be carried out in the shortest possible time from the receipt and review of the goods on our part, (never more than 14 days).

The refund will be made using the same method used for the payment of the order, in these cases the interbank deadlines may delay by a few days the credit made to your account.

We will notify you by email about the return of the amount of your refund in connection with the return with your voucher.

In any case, returns will be admitted for defective products and incorrect shipments, “the owner” being the one who will pay for the return shipment costs if the customer communicates this circumstance within a period of fourteen (14) days from the date of receipt of the shipment.

In respect of the deadlines for exchanges, all products purchased may be exchanged within fourteen (14) calendar days after the date of delivery.

Exchange conditions: you can request the exchange of any product provided that the product is in the same state as it was delivered and the original packaging and labelling is delivered and preserved as much as possible.

You must communicate the exchange request by sending an email to info@pepeberto.com.

To make the exchange, the product shall be sent through the service chosen by the customer.

Once received in our warehouse, the new item will be sent in 24 hours to the address indicated. The customer shall bear all costs of return and the second shipment.

In the case in which there is a breakage in the stock or the occasional unavailability of any of the items requested, “the owner” will contact the customer immediately, and give them a new delivery time. If it is not possible to serve them the product, or the customer is not interested in the new delivery deadline, the order shall be fully or partially cancelled, and the reimbursement of the amount paid shall be carried out. In any case, a delay in delivery with regard to the deadlines established, shall not entitle the customer to demand compensation.

Finally, “the owner” guarantees to the customer the possibility to cancel their order provided that the goods have not yet left our warehouse. For cancellation, you must also contact Customer Service at 679958810.

The refund will be carried out using the payment method that you used in the purchase to the extent possible. The owner will not refund the amount or perform any forwarding of merchandise until the receipt and state of the packaging and accessories of the item subject to return or exchange in our warehouses has been checked. The price to be returned is that which originally is indicated in the order, excluding transportation costs, which will only be returned if the owner is responsible for the cause of returning the product. Once the correct state of the returned product is verified, the owner shall refund the amount within a maximum period of 30 days.

No exchanges or returns shall be admitted for items that have been requested https://pepeberto.com/ expressly, as is the case of personalised products, these being understood to be custom-made products, on-demand products, etc.

8. Warranty of the products

The warranty period is three months for the bags, although this does not include defects caused by negligence, blows, improper use or misuse, improper installations, etc., or materials that are worn due to use. After this period, the owner reserves the right to request from an official technical service of the brand, to check for the origin of the problem. In the event of a defect caused by misuse, the repair will be invoiced. In incidents that justify the use of the warranty, they will opt for the repair, replacement of the item, discount or refund, in the legally established terms. The owner will carry out exchanges or returns provided that prior communication to our Customer Service has been made: This step is essential whatever the reason for the return. You can do so by sending an email to info@pepeberto.com or calling us at 679958810. We will inform you what you can do to return the item. Our telephone hours are from 10 a.m. to 7 p.m. Monday to Friday.

The item to be returned must be properly packaged for return, and the customer must make sure that it is in optimal conditions

The owner reserves the right not to admit a return when conditions are not met.

9. Data protection policy

The owner shall ensure the correct use and treatment of the personal data of the user in accordance with the terms indicated in the Privacy Policy.

 

In compliance with the provisions of Law 15/1999 of 13 December on the Protection of Personal Data, Law 34/2002, of 11 July, on Information Society Services Email and Regulation (EU) No. 2016/679 of the European Parliament and of the Council, we inform you that the personal data supplied on this form will be incorporated into a computerized file registered in the AEPD, the owner of which is the professional freelancer Rosalía Fernández Álvarez, with Corporate Tax ID: 05274489Z and address at C/Golondrina, No. 9, Urb. Las Vegas, Post Code 28229, Villanueva del Pardillo, Madrid.

 

This data is managed with the purpose of making invoices and maintaining contact with customers, as well as for sending commercial information about our activities, products and services, including the sending of commercial communications by electronic means.

 

The data withholding time will be that necessary for the processing while the commercial relationship lasts with the customer. Contracts and invoices of five and ten years, respectively.

 

The legal basis for the processing of the data is based on the consent of the person concerned, as well as the legitimisation derived from the execution of the contract to perform electronic contracting.

 

It will be necessary to accept these terms when the user fills out a data collection form, and it will be their responsibility to guarantee truthfulness, accuracy, authenticity and validity. To identify and access your data and correct errors that you made, you can write an email to  https://pepeberto.com/ . You can also contact us through the telephone number679958810 .

 

In addition, they shall ensure compliance with Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce and will ask for your consent to the processing of your email for commercial purposes at any time.

 

The owner of the website will not transfer the personal data of the users which is collected via the website to third parties without your express consent. Without prejudice to the foregoing, the user consents to handing over their personal data when so required by the competent administrative authorities or by court order or in forms in which this condition is expressly referenced. In any case, the data that you provide to us is located on servers located within the territory of the EU or managed by Processing Managers under the “Privacy Shield” agreement, adopted by the European Committee for Data Protection.

 

You have the right to access, rectify and delete data, as well as other rights, as described in our “Privacy Policy”.

10. Intelectual and insdutrial property rights

The owner (or the people invited by them) is a holder of the intellectual and industrial property rights of the web portal, including the graphic design and the HTML code, and is also the owner or has the corresponding license on the intellectual and industrial property rights and image rights on the content distributed through the same.

The use of said content does not imply a fully or partial waiver, transfer, license or transfer of such rights on the part of the owner, unless specified in the specific content.

As a result, the User undertakes not to reproduce, copy, distribute or publicly display such content or delete or ignore the copyright notice, which exempts the website of any action that does not respect this policy. The use of the contents of the website may not take place without the express consent of the owner.

11. Exlusion of guarantees and responsability

The owner is not liable under any circumstances for damages of any nature that could cause, by way of example: errors or omissions in the content, non-availability of the portal or the transmission of viruses or malicious programs or harmful content, despite having taken all the necessary technological measures to prevent it.

12. Amendments

The website reserves the right to make unannounced changes it deems appropriate on its portal, being able to change, delete or add content and services provided through the same as well as the manner in which they are presented or located on its portal.

13. Links

In the event that the website contains links or hyperlinks to other internet sites, the owner shall not exercise control over the content posted on these sites and assumes no liability for them as they belong to different websites.

In addition, the inclusion of these external links and hyperlinks does not imply any type of association, merger or participation with the entities involved.

14. Right of exclusion

The owner reserves the right to deny or withdraw access to the portal and/or services offered without prior notice, at their own request or that of a third party, for users who violate these General Terms and Conditions.

15. General Information

The owner shall prosecute any breach of these conditions and any unauthorised use of their portal, exercising all civil and criminal actions that may belong to them by law.

16. Amendment of these conditions and duration

The website may change at any time the terms specified herein, being duly published as they appear. The validity of these conditions shall be according to their exposure and shall be in force until they are modified by others duly published.

17. Applicable law and jurisdiction

The relationship between the website and the user will be governed by Spanish law and any dispute shall be submitted to the Courts and Tribunals of the city of Madrid.

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