Terms of service

1. INTRODUCTION

This document (together with the documents mentioned therein) establishes the conditions governing the use of this website and the purchase of products therein (hereinafter, the "Conditions").

Please read the Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website.

These Conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or the conclusion of the Contract (as defined below) will be those that apply to you.

2 - OUR DATA

This website is operated under the name PINTINI, a Spanish brand with address at Calle Juan Hurtado de Mendoza 5, 28036 Madrid, owned by SILVIA RODRIGUEZ BERNAL NIF 48901357E.

3 - YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data you provide about you will be treated in accordance with the provisions of the Privacy Policy. By making use of this website you consent to the processing of such information and data and declare that all the information or data you provide us is true and corresponds to reality.

4 - USE OF OUR WEBSITE

By using this website and / or placing orders through it, you agree to:

1.- Make use of this website only for legally valid inquiries or orders.

2.- Do not place any false or fraudulent order. If it could reasonably be considered that such an order has been made, we will be authorized to cancel it and inform the relevant authorities.

3.- Provide your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may use such information to contact you if necessary (see our Privacy Statement).

4.- If you do not provide us with all the information we need, we will not be able to place your order.

5.- When placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5 - CONTRACT CELEBRATION

The information contained in these Conditions and the details contained in this website do not constitute an offer of sale, but an invitation to contract. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount will be refunded in full.

To place an order, you must follow the online purchase procedure and confirm the payment. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance, which will be informed through an email in which we confirm that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the “Contract”) will be formalized only when we send you the Shipment Confirmation. Only those products related in the Shipment Confirmation will be subject to the Contract. We will not be obliged to supply you with any product that may have been the object of order until we confirm the shipment of the same in a Shipment Confirmation.

6 - AVAILABILITY OF PRODUCTS

All product orders are subject to their availability. In this sense, if there are difficulties regarding the supply of products or if there are no items left in stock, we reserve the right to provide information about substitute products of equal or superior quality and value that you may order. If you do not wish to order those substitute products, we will refund any amount you may have paid.

7 - REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and to remove or modify any material or content therein. Although we will do our best to always process all orders, exceptional circumstances may arise that require us to refuse the processing of any order after having sent the Order Confirmation, so we reserve the right to do so at any time, at our sole discretion.

We will not be liable to you or to any third party for removing any product from this web page, regardless of whether said product has been sold or not, removing or modifying any material or content of the web page, or for refusing us to process an order once we have sent you the Order Confirmation.

8 - DELIVERY

Without prejudice to the provisions of Clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the products / s related in each Shipping Confirmation within the specified delivery time or, If no delivery date is specified, within 15 days from the date of the Shipment Confirmation.

However, delays may occur for any of the following reasons:

• Product customization.
• Specialized items
• Unforeseen circumstances.
• Delivery area

If for some reason we could not meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. Keep in mind in any case that we do not deliver on Saturdays or Sundays.

For the purposes of these Conditions, it will be understood that "delivery" has occurred at the agreed delivery address and on the date agreed with the transport company, communicated via SMS and / or by e-mail.

9 - DELIVERY IMPOSSIBILITY

For home deliveries: if after two attempts we find it impossible to deliver your order, we will tell you where your order is and how to pick it up. If you will not be at the place of delivery of the order at the agreed time, please contact us to arrange delivery on another day or directly with the transport company. You will have a maximum period of 15 days, from the date of Confirmation of Shipment, to agree on the delivery of your order at the address indicated at the time of purchase. If after this period, you have not picked up your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a result of the termination of the Contract, we will refund the price paid for such products discounting the relevant shipping and handling costs as soon as possible and, in any case, within a maximum period of 30 days from the date on which established in this Clause we consider the Contract terminated.

For those collected in our atelier: you will have a period of 30 days from the date on which, following the procedure established in these Conditions, you will be informed that your order is available. If after this period, you have not picked up your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a result of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 days from the date that in accordance with the provisions of this Clause we consider the Contract terminated for orders placed through our website.

10 - TRANSMISSION OF RISK AND PROPERTY OF PRODUCTS

The risks of the products will be your responsibility from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (according to the definition contained in clause 9 above), if This took place at a later time.

11 - PRICE AND PAYMENT

The price of each product will be the one stipulated at all times on our website, except in case of manifest error. Although we try to make sure 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 fail to contact you, the order will be considered canceled and you will be fully reimbursed the amounts that have been paid.

We will not be obliged to supply you with any product at the wrong 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 by you as the wrong price.

The prices of this website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Shipping guide.

Prices may change at any time, but (except as stated above) the possible changes will not affect orders with respect to which we have already sent you a Shipment Confirmation.

Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step will be to process the order and make the payment.

You can make the payment with Visa, Mastercard and American Express, and with PayPal.

By authorizing the payment you are confirming that the credit card is yours or that you are the rightful holder of the gift card or the credit card.

Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

12 - CHANGE / RETURN POLICY

12.1 - LEGAL RIGHT TO WITHDRAW FROM PURCHASE

In accordance with the applicable regulations, if you are hiring as a consumer, you may withdraw from the Contract (except when the object of the contract is any of the products for which the right of withdrawal in Clause 12.2 is excluded) at any time within the 15 business days from the date of delivery of your order.

In this case, you will be reimbursed for the price paid for such products. You will be responsible for the direct costs of returning the product when you do not make the return by any of the free methods mentioned in this Contract.

You may accredit the exercise of the right of withdrawal in any manner admitted by law, considering in any case validly exercised said right by returning the products.

This provision does not affect other rights recognized to the consumer by current legislation.

12.2 - CONTRACTUAL RIGHT OF WITHDRAWAL

In addition to the right of withdrawal legally recognized to consumers and users and mentioned in Clause 12.1 above, we grant a period of 15 days from the date of receipt of your order to make returns of the products (except those mentioned in the Clause 12.3 below, with respect to which the right of withdrawal is excluded).

This regulation does not apply to the gift card, the amount of which will not be returned in any case. The gift card has no expiration limit.

In case of return, the price paid for the returned products will be refunded. You will be responsible for the direct costs of returning the product when you do not make the return by any of the free methods mentioned in this Contract. You must exercise your right of withdrawal by returning the products.

Changes and returns of garments are not allowed on request or with arrangements.


12.3 - COMMON PROVISIONS

Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them, labeled and in perfect condition. Please return the item using or including its original packaging. You must also include all instructions, documents and product packaging. In any case, you must deliver the duly completed "Return Card" together with the product. No refund will be made if the product has been used beyond the mere opening of the product or if it has suffered any damage, so be careful with the products while they are in your possession.

You can make the returns using one of the following methods:

Returns in the atelier: You can return the products by going to our atelier. In this case, you must deliver along with the item you wish to return the Shipping Confirmation email.

Returns via courier: You must contact us so that we can organize the collection at your home, the cost will be 8 euros in Peninsula-Spain. You must deliver the merchandise in the same package in which you received it, following the instructions found in the “RETURNS” section on this website.

In case you do not want us to collect the products, you will be responsible for the shipment you make. Please keep in mind that if you decide to return the items due, we will be authorized to charge you the expenses we may incur.

After examining the article we will inform you if you are entitled to the refund of the amounts paid. The return will be made as soon as possible and, in any case, within 30 days from the date of receipt of the item (s) in our warehouses. The return will always be made in the same means of payment that you used to pay for the purchase.

If you have any questions, you can contact us at info@pintini.es .

12.4 - RETURNS IN CANARY ISLANDS, BALEARIC, CEUTA AND MELILLA and INTERNATIONAL

If you want to change or return a product that had been delivered in the Canary Islands, Balearic Islands, Ceuta, Melilla or outside Spain, you must contact us by email at info@pintini.es to agree with us, or a representative of ours, the collection of the product by a courier or make the return at your own cost.

12.5 - RETURNS OF DEFECTIVE PRODUCTS

In the cases in which you consider that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately at info@pintini.es indicating the product data as well as the damage that suffers.

The product can be returned in our atelier in Madrid or delivered to your home to a courier that we will send.

We will proceed to carefully examine the returned product and we will notify you by e-mail, within a reasonable period of time, if the return or replacement of the product is appropriate (if applicable). The return or replacement of the item will be made as soon as possible and, in any case, within 30 days from the date on which we send you an email confirming that the return or replacement of the non-compliant item is appropriate.

The amounts paid for those products that are returned due to any defect or defect, when it really exists, will be fully refunded, including delivery costs incurred to deliver the item. The refund will be made in the same means of payment that was used to pay for the purchase.

The rights recognized by current legislation are safe.

13 - RESPONSIBILITY AND EXEMPTION OF LIABILITY

Unless expressly provided otherwise in these Conditions, our responsibility in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:

• In case of death or personal injury caused by our negligence.
• In case of fraud or fraudulent falsehood.
• In any matter where it is illegal or illegal to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any responsibility for the following losses, regardless of their origin:

1.- Loss of income or sales.

2.- Business loss.

3.- Loss of loss or loss of contracts.

4.- Loss of anticipated savings.

5.- Data loss.

6.- Loss of management time or office hours.

Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this web page unless it is established expressly the opposite in it.

All product descriptions, information and materials listed on this website are supplied as a true body and without express or implied warranties on them.

To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded from consumers and users.

The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.

14 - INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark, design of garment models and other intellectual property rights on the materials or contents that are provided as part of the website correspond at all times to us or to those who granted us license for their use. You may make use of such material only in the manner expressly authorized by us or those who licensed us for its use. This will not prevent you from using this website to the extent necessary to copy information about your order data or Contact information.

15 - VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. You will not attempt to have unauthorized access to this web page, to the server on which this page is hosted or to any server, computer or database related to our web page.

You agree not to attack this web page through a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of said regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will immediately cease to be authorized to use this web page.

We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from it or to which it redirects.

16 - LINKS FROM OUR WEBSITE

In the event that our website contains links to other web pages and third-party materials, such links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.

17 - WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications we send to you be in writing. By using this website, you agree that most of such communications with us are electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notification, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

18 - VERBAL COMMUNICATIONS (by telephone or in person)

It may be the case in which the information or communications we provide are given verbally (by telephone or in person). As a general rule, this data will always be supported and will be related to the information provided on this website and in these Conditions, and we will try to leave a written trace of the verbal communications whenever possible.

If there is a case in which an alleged exchange had not been transcribed, it will be considered a human judgment without giving rise to future claims or compensation to the extent legally permitted. This condition will not affect your rights recognized by law.

19 - NOTIFICATIONS

The notifications that you send us should be sent by email to info@pintini.es. In accordance with the provisions of the preceding clauses and unless otherwise stipulated, we may send communications either to the e-mail, or to the telephone number that you have provided at the time of placing an order.

It will be understood that the notifications have been received and have been correctly made when it can be proved that the electronic address as well as the telephone number correspond to the data specified by the receiver.

20 - ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract is binding for both you and us, as well as for our respective successors, assigns and assignees.

You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without obtaining our prior written consent.

We may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you have as a consumer recognized by law or will void, reduce or limit in any other way the express and tacit guarantees that We could have granted.

21 - EVENTS OUTSIDE OUR CONTROL

We will not be liable for any breach or delay in the fulfillment of any of the obligations we assume under a Contract, whose cause is due to events that are beyond our reasonable control ("Force Majeure").

The causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:

• Strikes, lockouts or other industrial action.
• Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or war preparations.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failures or accidents of maritime or river transport, postal or any other type of transport.

It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the period to fulfill those obligations of the time that is necessary for us. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure.

22 - DISCLAIMER

The lack of requirement on our part of strict compliance by you of any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us under of said Contract or of the Conditions, it will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver by us of a specific right or action will mean a waiver of other rights or actions derived from the Contract or the Conditions.

No waiver by us of any of these Conditions or of the rights or actions derived from the Contract shall take effect, unless it is expressly established that it is a waiver and formalizes and communicated to you in writing in accordance with the provisions of the Notifications section above.

23 - PARTIAL NULLITY

If any of these Conditions or any provision of a Contract were declared null and void by a final resolution by the competent authority, the remaining terms and conditions will remain in effect, without being affected by said declaration of nullity.

24 - COMPLETE AGREEMENT

These Conditions and any document to which express reference is made therein constitute the entire agreement existing between you and us in relation to the object of the Contract and replace any other agreement, agreement or previous promise agreed between you and us verbally or by written.

You and we acknowledge having consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or written in the negotiations initiated by the two before said Contract, except as expressly mentioned in these Conditions.

Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only action available to the another part will be for breach of contract in accordance with the provisions of these Conditions.

25 - OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Conditions at any time.

You will be subject to the policies and Conditions in force at the time you use this website or make each order, unless by law or decision of government agencies we must make retroactive changes to these policies, Conditions or Privacy Statement, in in which case, the possible changes will also affect the orders that you had previously made.

26 - APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and contracts for the purchase of products through said website will be governed by Spanish law.

Any dispute that arises or is related to the use of the website or to such contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are hiring as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.

27 - COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact email (info@pintini.es).