Conditions of Purchase & Use

1 - INTRODUCTION

This document (together with the documents mentioned in it) establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Terms").

Please read the Terms 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 using the website or entering into the Contract (as defined below) will be those that apply to you.

2 - OUR DATA

The sale of items through this website is carried out under the name Traces of the World by Katerine Gutiérrez Villaverde, with address at Rúa da Capela 5, 36556 Forcarei, Pontevedra and NIF 76933299R with telephone number +34 679 717 849 and email traces@tracesoftheworld .com.

3 - YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website, you accept the processing of said 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. Use this website only to make legally valid queries or orders.
2. Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
3. Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. You also agree that we may use this 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 process your order.
5. By 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 - CELEBRATION OF THE CONTRACT

The information contained in these Conditions and the details contained on this website do not constitute an offer to sell, but rather an invitation to contract. No contract will exist 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 import fee will be refunded in full.

To place an order, you must follow the online purchasing procedure and confirm 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, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through an email in which we confirm that the product is being sent (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formed when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any product that may have been ordered until we confirm its shipment to you in a Shipping Confirmation.

To place an order, you must follow the online purchasing procedure and click "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Additionally, we will inform you by email that the product is being shipped (the "Shipping Confirmation"). 

6 - PRODUCT AVAILABILITY

All orders are subject to product availability. If there are difficulties in supplying products or if items are out of stock, we will refund any amount you may have paid. If you request the product in pre-order, you will be informed of the status, processing and delivery of the order at each stage of the process and you may request a full refund of the order in case of dissatisfaction with the process. 

7 - REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to refuse to process an order after we have sent the Order Confirmation, so we reserve the right to do so at any time, at our sole discretion. discretion.

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

8 - DELIVERY

Before formalizing the order, you must select the delivery method that best suits your needs. Unless we have agreed otherwise, we will send you the order consisting of the product(s) listed in each Shipping Confirmation without any undue delay and no later than 30 calendar days from the date of the Order confirmation. 

Please note that there are circumstances arising from the customization of products, or unforeseen or extraordinary circumstances that may affect the delivery date.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. For the purposes of these Conditions, it will be understood that "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which is will prove receipt of the order at the agreed delivery address by signing.

9 - IMPOSSIBILITY OF DELIVERY

Our delivery service is through our commercial partners of professional courier services, chosen according to the location and type of delivery required by the client.

In the event that the order has not been delivered for reasons not attributable to us, we will contact you and, if thirty (30) days have passed since we made the item available to you, you have not picked it up or refuse to receive it, will be considered abandoned. For more information, you can contact us through our Customer Service channels. 

10 - TRANSFER OF RISK AND OWNERSHIP OF THE 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 delivery charges, or upon delivery (as defined in clause 9 above), if this would take 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 the case of obvious error. Although we try to ensure that all prices on the site 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 of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and any amounts paid will be fully refunded.

We will not be obliged to supply any product to you at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the error in the price is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price.

The prices on 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 set out above) any changes will not affect orders for which we have already sent you a Shipping Confirmation.

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

You can make payment with Visa, MasterCard and American Express cards, and with PayPal.

By authorizing the payment you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or 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 - EXCHANGE/RETURN POLICY

12.1 - LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE

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

In this case, you will be refunded 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 prove the exercise of the right of withdrawal in any manner permitted by law, and in any case said right will be considered validly exercised by returning the products.

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

12.2 - CONTRACTUAL RIGHT OF WITHDRAWAL

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.

Exchanges and returns of custom-made, personalized or altered garments are not permitted.

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. It must also include all instructions, documents and product packaging. No refund will be made if the product has been used beyond simply opening it or if it has suffered any damage, so you must be careful with the products while they are in your possession.

The garment must be with its original labeling and must be in the same conditions. Footwear and bag products must be returned including the box and cloth bag. In the event that the shoe box is used as a shipping box, suffering damage for this reason, the cost of the box will be deducted from the return amount.

Exchanges and returns of garments made to order or with alterations are not allowed.

The cost of shipping returns managed directly by the customer will be borne by the customer.

Returns with home collection, as well as second and subsequent exchanges, have a cost of 4.50 euros per package, with a maximum of 4 items. An additional 1 euro will be charged for each extra item included in the package (peninsular national territory).

You can make returns following any of the following methods:

Returns via courier: You must fill out the exchange or returns web form. And package the items to be returned in a box in good condition and well closed. The carrier will come to pick up the package at the address indicated. Since we cannot guarantee the carrier's time slot, it is important that you request pickup at a location where the package can be delivered throughout the day.

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

You will receive the amount through the same payment method used in your purchase in a maximum estimated time of 15 days from confirmation of acceptance of the return, depending on your bank.

If you have any questions, you can contact us at contact@tracesoftheworld.com or by calling +34 679 717 849.

12.4 - RETURNS OF DEFECTIVE PRODUCTS

In cases where you consider that at the time of delivery the product does not comply with what is stipulated in the Contract, you must contact us immediately at contact@tracesoftheworld.com indicating the product data as well as the damage. who suffers, or by calling the number +34 679 717 849 where we will tell you how to proceed.

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

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

The rights recognized by current legislation remain safe.

13 - LIABILITY AND EXEMPTION OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased from our website will be strictly limited to the purchase price of such 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 misrepresentation.
• In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the provisions of the previous 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. Loss of business.
3. Lost profits or loss of contracts.
4. Loss of expected savings.
5. Loss of data.
6. 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 stated expressly the opposite in it.

All product descriptions, information and materials appearing on this website are provided as truth and without express or implied warranties regarding them.

To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded against 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 clothing models and other intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have licensed us for their use. use. You may use such material only as expressly authorized by us or those who have licensed its use to us. This will not prevent you from using this website to the extent necessary to copy information about your order details or Contact details.

15 - VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programs or materials. You will not attempt to gain unauthorized access to this website, the server on which said page is hosted or any server, computer or database related to our website.

You agree not to attack this website via 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 classified by the applicable regulations. We will report any breach of these regulations to the relevant authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of breach of this clause, you will immediately cease to be authorized 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 harmful program or material that may affect your computer, computer equipment, data or materials as a result of your 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 websites and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. We therefore accept no liability 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 you be in writing. By using this website, you agree that most of your communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, 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 (via telephone or in person)

There may be cases in which the information or communications that we provide are given verbally (by telephone or in person). As a general rule, this data will always be backed up and will be similar to the information provided on this website and in these Conditions, and we will try to leave a written trace of verbal communications whenever and wherever possible.

If the case arises in which an alleged exchange has not been transcribed, it will be considered human error 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 you send us must be sent by email to contact@tracesoftheworld.com or by calling us at +34 679 717 849. In accordance with the provisions of the previous clauses and unless otherwise stipulated, we may send communications to you either by e-mail, or to the telephone number that you have provided when placing an order. 

It will be understood that the notifications have been received and have been correctly made when it can be proven that the email address, as well as the telephone number, correspond with the data specified by the recipient.

20 - TRANSFER OF RIGHTS AND OBLIGATIONS

The Agreement is binding on you and us, as well as our respective successors, assigns and assigns.

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 to you, without having obtained our prior written consent.

 We may transfer, assign, charge, subcontract or otherwise transfer a Contract or any of the rights or obligations arising from it in our favor or to us, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, if applicable, you have as a consumer recognized by law or will nullify, reduce or limit in any other way the guarantees, both express and tacit, that you we could have granted.

21 - EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure or delay in performance of any of our obligations under a Contract, the cause of which is due to events beyond our reasonable control ("Force Majeure Event").

Causes of Force Majeure will include any act, event, lack of performance, omission or accident that is beyond our reasonable control and, among others, the following:

• Strikes, lockouts or other protest measures.
• Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
• Impossibility of using public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failures or accidents in 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 Force Majeure Event continues, and we will have an extension in the period to comply with said obligations for the time that is necessary for us to do so. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to perform our obligations under the Contract despite the Force Majeure Event.

22 - RESIGNATION

The lack of a requirement on our part for strict compliance on your part with any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us under of said Contract or the Conditions, 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 on our part of a specific right or action will constitute a waiver of other rights or actions derived from the Contract or the Conditions.

No waiver on our part of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and formalized 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 are declared null and void by a final resolution by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

24 - COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject of the Contract and replace any other pact, agreement or previous promise agreed between you and us verbally or by written.

You and we acknowledge that we have 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 writing in the negotiations entered into by both of us prior to said Contract, except as expressly mentioned. in these Conditions.

Neither you nor we will have any remedy against any untrue statement made by the other party, whether verbal or written, prior to the date of the Contract (unless such untrue statement was 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 place each order, unless by law or decision of government agencies we must make retroactive changes to said policies, Conditions or Privacy Statement, in in which case, the possible changes will also affect the orders that you had previously placed.

26 - APPLICABLE LEGISLATION AND JURISDICTION

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

Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes you as such.

27 - COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact email contact@tracesoftheworld.com.

Finally, you agree that if any item, or any portion of any item set forth herein, is determined to be invalid under any statute or rule of law, then it will be deemed omitted only to that extent and the remainder of this Rights Petition Agreement. image will remain in full force and effect. This Image Rights Request Agreement will be governed by the laws of Spain.

If you have any questions, you can contact us at contact@tracesoftheworld.com or by calling +34 679 717 849.