Terms and conditions

1. INTRODUCTION

This document (together with all the documents mentioned in it) sets out the terms governing the use of this website (www.brillarela.com) and the purchase of products on it (hereinafter, the "Terms").

Please read these Terms, our Cookie Policy and our Privacy Policy (together, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it you agree to be bound by these Terms and by our Data Protection Policies, so if you do not agree with all of the Terms and the Data Protection Policies, you must not use this website.

If you have any questions about the Terms or the Data Protection Policies you can contact us by email at hello@brillarela.com

The purpose of the website is to offer and advertise the sale of children's fashion accessories.

The duration of the contract is linked to the delivery of the product, without prejudice to the right of withdrawal.

As a user or customer you expressly declare that you know, understand and accept the terms of use and these general terms of contract. Likewise, you declare that you are of legal age and have the legal capacity required to access the website www.brillarela.com and to enter into contracts through it.

2. OUR DETAILS

These General Terms of Contract govern the distance-selling relationship between Patricia Álvarez Herrero, owner of the online shop (hereinafter BRILLARELA), and the user or customer, in accordance with the applicable legal provisions, in particular Law 7/1998 of 13 April on General Contract Terms, Law 3/2014 of 27 March amending the consolidated text of the General Law for the Protection of Consumers and Users, Organic Law 15/1999 of 13 December on the Protection of Personal Data, Law 7/1996 of 15 January on Retail Trade, and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce.

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal data you provide about yourself will be processed in accordance with the Data Protection Policies. By using this website you consent to the processing of that information and data and declare that all the information or data you provide is truthful and accurate.

4. USE OF OUR WEBSITE

By using this website and placing orders through it you undertake to:

• Use this website only to make enquiries or place legally valid orders.
• Not place any false or fraudulent order. If an order of this kind could reasonably be deemed to have been placed, we will be entitled to cancel it and inform the relevant authorities.
• Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).

If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 and have the legal capacity to enter into contracts.

5. HOW TO PLACE AN ORDER

To place an order, follow the online purchase process and click on "Complete order". You will then receive an email confirming receipt of your order (the "Order Confirmation"). We will also let you know by email when your order is being dispatched (the "Shipping Confirmation"). An electronic receipt with the details of your order will also be attached to the Shipping Confirmation (the "electronic receipt"). For more information, click here.

6. AVAILABILITY OF PRODUCTS

All orders are subject to product availability. If there are difficulties in supplying products or if items are out of stock, we will contact you and give you the option of going ahead with the purchase with a new delivery date, or cancelling the order with a full refund of the price paid.

7. TECHNICAL MEANS TO CORRECT ERRORS

If you notice that an error has occurred when entering your personal details while registering as a user of this website, you can amend them in the "My Account" section.

In any case, you can correct errors relating to the personal details provided during the purchase process by contacting customer service on +34 689 85 16 64 (Monday to Friday, 9:00 to 18:00) or at hello@brillarela.com, and exercise the right of rectification provided for in our Privacy Policy through the same email address.

This website shows confirmation windows at various stages of the purchase process that do not allow the order to continue if the details at those stages have not been provided correctly. This website also shows the details of every item you have added to your bag during the purchase process, so that before making the payment you can amend the details of your order.

If you notice an error in your order after completing the payment process, you must contact our customer service immediately, on the phone number or email address given above, to correct the error.

8. SHIPPING AND DELIVERY

Unless there are circumstances arising from the personalisation of the products, or unforeseen or extraordinary circumstances arise, we will send you the order consisting of the product(s) listed in each Shipping Confirmation within the period stated on the website in the Shopping Guide (Shipping) menu, according to the shipping method selected.

If for any reason we are unable to meet the delivery date, we will inform you and give you the option of going ahead with the purchase with a new delivery date, or cancelling the order with a full refund of the price paid. Please note that in any case we do not make home deliveries on Saturdays or Sundays.

For the purposes of these Terms, "delivery" will be deemed to have taken place, or the order to have been "delivered", when you or a third party indicated by you take physical possession of the products, which will be evidenced by signing for receipt of the order at the agreed delivery address.

For more information click here

9. INABILITY TO DELIVER

If we are unable to make the delivery, the courier will try to reach you by phone. If unsuccessful, they will leave a notice in a visible place (front door, letterbox, etc.) with a contact number so you can request a new delivery. The second delivery will be made on the date agreed by phone. If delivery cannot be made on this second attempt, the parcel will be held at the relevant depot until a new delivery date is agreed.

If 15 days pass from your order becoming available for delivery and it has not been delivered for reasons not attributable to us, the courier will return the parcel to us. As a result of the parcel being returned, the customer must pay the shipping costs again for us to resend the parcel to their address.

10. TRANSFER OF RISK AND OWNERSHIP

The risks of the products will pass to you 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 moment of delivery (as defined in clause 8 above), if this takes place later.

11. PRICE AND PAYMENT

The prices on the website include VAT (where this tax applies) but exclude shipping costs, which are specified on this website and will be added to the total amount due as set out in our Shopping Guide – Shipping.

Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you wish to buy, they will have been added to your bag and the next step is to process the order and make the payment. To do so, follow the steps of the purchase process, filling in or checking the information requested at each step. During the purchase process, before making the payment, you can also amend the details of your order. A detailed description of the purchase process is available in the Shopping Guide. In addition, if you are a registered user, details of all the orders you have placed are available in the My Account section.

You may pay by Visa, Mastercard, American Express and Affinity Card, and by Bizum.

By clicking "Complete order" you confirm that the credit card is yours or that you are the legitimate holder of the gift card or credit voucher.

Credit cards are subject to checks and authorisations by the card issuer, but if the issuer does not authorise the payment, we will not be liable for any delay or failure to deliver and we will be unable to enter into any contract with you.

12. GUEST CHECKOUT

This website also allows purchases through the guest checkout feature. With this type of purchase, you will only be asked for the details essential to process your order. Once the purchase process is complete, you will be offered the option of registering as a user or continuing as an unregistered user.

13. VALUE ADDED TAX AND INVOICING

In accordance with article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of items will be deemed to take place within the territory where Spanish VAT applies if the delivery address is in Spain. The applicable VAT rate will be the one legally in force at any given time depending on the specific item.

You expressly authorise us to issue the invoice in electronic format. You may however let us know at any time that you wish to receive a paper invoice, in which case we will issue and send the invoice in that format. But if you cannot collect it in person and we have to send it to you, you will have to bear the carrier's costs.

14. RETURNS POLICY

14.1 Legal right to withdraw from the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within 15 calendar days without giving any reason. The withdrawal period will expire 15 calendar days after the day on which you, or a third party indicated by you other than the carrier, acquire physical possession of the goods, or, where the goods in your order are delivered separately, of the last of them. To exercise the right of withdrawal, you must notify BRILLARELA of your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or email), at the address C/ Nuestra Señora del Val 5, 28816 Madrid, Spain, on +34 689 85 16 64 (Monday to Friday, 9:00 to 18:00) or by email at hello@brillarela.com. You may use the model withdrawal form included as an Annex to these Terms, although it is not compulsory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of this right before the withdrawal period has expired.

Effects of withdrawal

If you withdraw, we will refund all payments received from you, excluding shipping costs, without undue delay and in any event no later than 15 calendar days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment you used for the initial transaction. You will not incur any fees as a result of the refund. Notwithstanding the above, we may withhold the refund until we have received the goods back, or until you have supplied evidence of having sent them back, whichever is the earliest. To be clear, the time between requesting the exchange or return and the items arriving at our warehouse cannot exceed 15 calendar days.

You must send back or hand over the goods by post to BRILLARELA, C/ Nuestra Señora del Val 5, 28816, Madrid, Spain, without undue delay and in any event no later than 15 calendar days from the day on which you receive the order. The deadline is met if you send back the goods before that period has expired.

You must bear the direct cost of returning the goods. Whether in shops or online, you must always send, together with the products, a printed copy of the PDF indicated in the exchanges and returns conditions (link to that section) so that we know which order it relates to. Without that sheet, we will not be able to process the return.

14.2 Contractual right of withdrawal

In addition to the right of withdrawal legally granted to consumers and users, mentioned in clause 14.1 above, we grant you a period of 15 days from the delivery date of the products to exchange or return them (except those mentioned in clause 14.3 below, for which the right of withdrawal is excluded). Where the item was a gift, the refund will be made as a voucher to spend at BRILLARELA.

14.3 Common provisions

You will not have the right to withdraw from a contract for the supply of any of the following products:

• Personalised items.
• Made-to-measure items.

Your right to withdraw from the contract applies exclusively to products returned in the same condition in which you received them. No refund will be made if the product has been used beyond simply opening it, for products that are not in the same condition in which they were delivered or that have been damaged, so please take care of the product(s) while they are in your possession. Please return the item using or including all of its original packaging, gifts and giveaways, instructions and any other documents that came with it.

Postal returns and exchanges

You must return the products by post at your own expense. Leave the item in the same parcel in which you received it and follow the instructions in the "Exchanges and Returns" section in the menu at the bottom of the website or in the email itself. If you bought as a guest, you can request to return the products by contacting us through any of our customer service channels, email or phone.

After examining the item we will let you know whether you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and will show in your account within a maximum of 14 days. We may however withhold the refund until we have received the goods, or until you have supplied evidence of having returned them, whichever is the earliest. The refund will always be made by the same means of payment you used for the purchase, except where a gift receipt is presented for the return. In that case, the refund will be made as a card or credit voucher.

14.4 Returns of faulty products

If you consider that, at the time of delivery, the product does not comply with the contract, you must contact us immediately by email at hello@brillarela.com providing the details of the product and of the fault, or by calling +34 689 85 16 64 (Monday to Friday, 9:00 to 18:00), where we will tell you how to proceed. We will carefully examine the returned product and let you know by email within a reasonable period whether a refund or replacement (where applicable) is due. The refund or replacement of the item will be made as soon as possible and in any event within 15 days of the date on which we email you confirming that a refund or replacement of the non-conforming item is due.

The amounts paid for products returned because of a fault or defect, where one genuinely exists, will be refunded in full, including the delivery costs incurred to deliver the item to you and the costs you incurred to return it to us. The refund will be made by the same means of payment used for the purchase, except where a gift receipt is presented for the return. In that case, the refund will be made as a BRILLARELA card or credit voucher. The rights recognised by current legislation remain unaffected in all cases.

15. LIABILITY AND DISCLAIMER

Unless expressly stated otherwise in these Terms, our liability in relation to any product purchased on our website is strictly limited to the purchase price of that product. Notwithstanding this, and unless the law provides otherwise, we will not accept any liability for the following losses, whatever their origin:

• loss of income or sales;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless expressly stated otherwise on it.

16. WARRANTIES

If you are contracting as a consumer and user, we offer warranties on the products we sell through this website, on the terms legally established for each type of product, and are therefore liable for any lack of conformity that becomes apparent within two years of delivery of the product.

Products are deemed to comply with the contract provided that (i) they match the description we have given and have the qualities we have presented on this website, (ii) they are fit for the purposes for which products of the same type are ordinarily used, and (iii) they show the quality and performance normal for a product of the same type that can reasonably be expected.

Accordingly, if any of the products does not comply with the contract, you must let us know by following the procedure set out in section 14.4 above and through any of the communication channels provided for that purpose.

The products we sell, especially handcrafted products, may often show the characteristics of the natural materials used in making them. These characteristics, such as variations in grain, texture, knots and colour, will not be considered defects or faults. On the contrary, their presence should be expected and appreciated. We select only products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

17. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, registered trademarks and other industrial and intellectual property rights in the materials or content provided as part of the website belong at all times to us or to those who licensed their use to us. You may use that material only in the way expressly authorised by us or by those who licensed its use to us. This will not prevent you from using this website to the extent necessary to copy the information about your order or your contact details.

18. VIRUSES, HACKING AND OTHER CYBER ATTACKS

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or damaging. You must not attempt to gain unauthorised access to this website, the server on which it is hosted or any server, computer or database connected to our website. You undertake not to attack this website by means of a denial-of-service attack or a distributed denial-of-service attack. Breach of this clause may constitute an offence under applicable law. We will report any breach of that law to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorised to use this website. We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from it or from sites it links to.

19. LINKS FROM OUR WEBSITE

Where our website contains links to other websites and third-party materials, these links are provided for information purposes only, and we have no control over the content of those websites or materials. We therefore accept no liability for any damage or loss arising from their use.

20. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send you be in writing. By using this website, you accept that most of these communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to this electronic means of communication and acknowledge that every contract, notice, information and other communication we send you electronically meets the legal requirement of being in writing. This condition does not affect your statutory rights.

21. NOTICES

Notices you send to us should preferably be sent by email to hello@brillarela.com and, unless otherwise stated, we may send communications to you either by email or to the postal address you provided when placing an order. Notices will be deemed received and correctly served at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postmark date of any letter. To prove that a notice has been served, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, correctly stamped and duly handed to the post office or placed in a postbox and, in the case of an email, that it was sent to the email address specified by the recipient.

22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us, and on our respective successors, assignees and beneficiaries. You may not transfer, assign, encumber or otherwise transfer a contract or any of the rights or obligations arising from it without our prior written consent. We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations arising from it at any time during its term. For the avoidance of doubt, such transfers, assignments, encumbrances or other transfers will not affect the rights that you, as a consumer, are recognised by law, nor will they void, reduce or otherwise limit the warranties, whether express or implied, that we may have given you.

23. EVENTS BEYOND OUR CONTROL

We will not be liable for any failure or delay in performing any of the obligations we have undertaken where this is due to events beyond our reasonable control ("Force Majeure"). Force Majeure includes any act, event, failure to exercise, omission or accident beyond our reasonable control, including, among others:

• Strikes, lockouts or other industrial action.
• Civil unrest, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat of or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
• Inability to use public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Our obligations will be deemed suspended for the period during which the Force Majeure continues, and we will have an extension of time to perform those obligations for a period equal to the duration of the Force Majeure. We will use all reasonable means to bring the Force Majeure to an end or to find a solution that allows us to perform our obligations despite it.

24. WAIVER

Our failure to require your strict performance of any of the obligations you have undertaken under a contract or these Terms, or our failure to exercise any rights or remedies to which we may be entitled under that contract or the Terms, will not constitute a waiver or limitation of those rights or remedies nor release you from performing those obligations. No waiver by us of a specific right or remedy will constitute a waiver of other rights or remedies arising from a contract or the Terms. No waiver by us of any of these Terms or of the rights or remedies arising from a contract will be effective unless it is expressly stated to be a waiver and is formalised and communicated to you in writing in accordance with the Notices section above.

25. PARTIAL INVALIDITY

If any of these Terms or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions will remain in force, unaffected by that declaration of nullity.

26. ENTIRE AGREEMENT

These Terms and every document expressly referred to in them constitute the entire agreement between you and us in relation to their subject matter and replace any previous pact, agreement or promise between you and us, whether verbal or written. You and we acknowledge that we have agreed to enter into a contract without relying on any statement or promise made by the other party or that could be inferred from any statement or document in the negotiations between us before it, except for what is expressly stated in these Terms. Neither you nor we will have any remedy for any untrue statement made by the other party, verbally or in writing, before the date of a contract (unless that untrue statement was made fraudulently), and the only remedy available to the other party will be for breach of contract in accordance with these Terms.

27. OUR RIGHT TO AMEND THESE TERMS

We reserve the right to amend the Terms and Conditions. We will keep you informed of any substantial changes made to them. They will not be retroactive and, subject to possible exceptions depending on the specific case, will apply 30 days after the date of their publication in the corresponding notice.

If you do not agree with the amendments made, we recommend that you do not use our website.

28. APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through it are governed by Spanish law. Any dispute arising from or relating to the use of the website or to those contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause affects the rights recognised to you as such by current legislation.

29. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions are welcome. Please send them, along with any enquiry, complaint or claim, by email to hello@brillarela.com, or to the phone number, postal address or email address given in clause 2 of these Terms. Complaints and claims made to our customer service will be dealt with as quickly as possible and, in any event, within one month at most.

If, as a consumer, you consider that your rights have been infringed, you can send us your complaints at hello@brillarela.com in order to seek an out-of-court settlement of the dispute.

In this regard, if the purchase between you and us was made online through our website, in accordance with EU Regulation No 524/2013 we inform you that you are entitled to seek out-of-court resolution of consumer disputes with us through the online platform at https://ec.europa.eu/consumers/odr/ .

This is a courtesy translation. In case of any discrepancy, the Spanish version prevails.