1. USE OF OUR WEBSITE
These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms, having read them.
You agree that:
1. You may only use the website to make legitimate enquiries or orders.
2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary (see our Privacy Statement ).
4. If You do not give us all of the information that we need, we may not be able to complete your order.
By placing an order through the website, You warrant that You are at least 18 years old and are legally capable of entering into binding contracts.
2. AVAILABILITY OF SERVICE
The items offered through this website are only available in the destinations listed in the shipping section.
3. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the “Place Order” button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Shipment Confirmation.
The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
4. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.
5. ORDER PROCESS REFUSAL
We reserve ourselves the right to remove any Product from the website at any time, or to remove or modify any material and / or content of the same order. Although we do our possible to always process all the orders, there might be exceptional circumstances forcing us to withdraw any after sending the Order Confirmation, and we reserve the right to do so at any time, at our discretion.
We will not be responsible towards you or any other third party for removing any product from the website, whether it has been sold or not, for removing or modifying any material and / or content from the website, or for refusing to process an order once the Order confirmation has been sent.
6. RETURNING GOODS
Our web store returns policy means that if you are not fully happy with the goods you have received, you can return them to us within 7 days of receipt, providing they are in original resalable condition. Goods that have been personalised will not be refunded or exchanged in any circumstances. We will not refund or exchange items that appear to have been worn, washed, or are not in original condition.
You will also need to include instructions, documentation and packaging of the products. There will be no refunds in case that the product has been used or has suffered any type of damage, so it is necessary to be careful with the product(s) while they are in your possession. Please treat the products with care while they are in your possession, and keep, as long as possible, all the boxes and original packaging in case you want to make a return.
This provision does not affect consumers’ current legislation rights.
Please check our Returns policy for more info about procedure and conditions.
Unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 7 days of the date of the Order confirmation.
Reasons for delay could include:
1. Unforeseen circumstances; or
2. Delivery area;
If for any reason whatsoever, we cannot meet the delivery date, You will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. Please note however, that we do not deliver on Saturdays or Sundays.
For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.
8. UNABLE TO DELIVER
If we are unable to deliver the goods we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how. You can rearrange delivery. If You are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day.
9. RISK AND OWNERSHIP TRANSFER
The Products will be at your risk from the time of delivery.
Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 7 above), whichever is the later.
10. PRICE AND PAYMENT
While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.
We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.
The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide.
We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Other than as set in previous Clauses, changes will not affect orders in respect of which we have already sent an Order Confirmation.
Once You have finished shopping all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:
1. Your data should be provided by one of the following options:
Option 1: If you’re already registered, you must provide the user name and password assigned to it.
Option 2: If you have not previously registered you can create an account on the website to benefit from the advantages that this implies.
Option 3: You can enter your data without having to create an account.
2. Then click on “Continue” and fill in the form with your billing and shipping as clear as possible. Orders will be shipped to the delivery address you provide in your form, so it is important to pay special attention when filling the delivery address details.
Likewise, we emphasize that it is very important to provide with your order, a phone number where you are contactable to make delivery easier.
3. Once completed the order and before sending it, You can access the shopping summary, identifying /the purchased item/s , total price (including shipping) and delivery information. Check all data entered and complete the order accepting the conditions and clicking on the “Checkout”. If you have a promotion code, you must enter it at this time to take advantage of the applicable conditions.
4. Select a payment method: Paypal or Credit Card.
If payment is made via PayPal the amount will be charged upon confirmation of your order.
Cards are subject to authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
11. LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased on our website will be strictly limited to the purchase price of such Product.
Nothing in these Purchase Terms shall exclude or limit our liability in any way:
1. In case of death or personal injury caused by our negligence;
2. In case of fraud or fraudulent misrepresentation, or
3. In any case which would be illegal or unlawful for us to exclude, restrict ourselves or attempt to exclude or limit our liability.
Notwithstanding the previous paragraph and as far as permitted by law, and unless these Conditions state otherwise, we will not accept any liability for consequential damages that occur as a side effect of the loss or major damage, arising in any way, and whether caused by tort (including negligence), breach of contract or otherwise, even if they could provide, including without limitation the following:
1. loss of revenue or sales;
2. loss of business;
3. loss of profits or loss of contracts
4. loss of anticipated savings;
5. loss of data; and
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 it is expressly stated otherwise.
All product descriptions, information and materials contained on this website are provided “as is” and without implied or expressed warranties, nor any other warranties arising in any other way.
To the extent of what is possible as permitted by law, we disclaim ourselves of all warranties, except for those that cannot be lawfully excluded for consumers.
The provisions of this clause will not affect your statutory rights as a consumer, or your right to cancel the contract
12. INTELLECTUAL PROPERTY AND COPYRIGHT
This Web Site is governed by Spanish law and is protected by national and international legislation on intellectual and industrial property.
All contents displayed on the Web and in particular, designs, text, audio, graphics, logos, databases, trade names, trademarks, or any other signs susceptible to industrial and commercial use are subject to intellectual property rights of Lock & Stock S.L. or third party owners who have authorized their inclusion in the On-Line System. Its mere mention does not imply endorsement, sponsorship, or recommendation, right or liability of the Web on the same ones.
Lock & Stock S.L. authorizes Users to use, view, print the Contents and / or elements on the website solely for your personal use, non-profit, resulting necessary consent of the owner of the rights in question, for any other use than expressly permitted.
Under no circumstances shall any license granted or waiver, transmission, transfer all or part of such rights or confer any right or expectation of law, and in particular, alteration, exploitation, reproduction, distribution or public communication these contents without the express permission of Lock & Stock S.L. or owners concerned.
Any infringement of these rights may lead to civil court procedures or judicial or penal.
The website www.elsolitariomc.com respects the intellectual property rights, industrial property and image rights of third parties, if you believe your legal rights are being violated in this page, please notify us at firstname.lastname@example.org, referring the matter: “Infringement”, sending us a letter or postcard to the address at the final part of the present conditions of use with a sender of the same matter.
Regardless of the route used to communicate such violation, there shall be forwarded:
Full name of the complainant.
ID of the complainant.
Your e-mail or postal address and telephone.
Identification of the content that is violating the rights or laws.
Location of the content on our portal.
Signed statement confirming that the information listed is correct and that is the owner or keeper of the content, or alternatively, have an authorization.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, You accept that communication with us will be mainly electronic.
We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights
We may give notice to You at either the e-mail or postal address You provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
15. MOBILE SERVICE
www.elsolitariomc.com Web site can be visited through the mobile network, as it has proceeded to the adaptation of the page for proper display by this support.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between You and us is binding on You and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.
17.EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. EXTERNAL LINKS AND USER GENERATED CONTED
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website. Public Forums and User Submissions The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to: defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network; violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party; submit contents containing marketing or promotional material which is intended to solicit business. You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
21. IMPORT DUTY
If you order Goods from our site for delivery outside the EU, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
22. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.
Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
23. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority in which case it will apply to orders previously placed by You.
24. INFORMATION ABOUT US
‘El Solitario’ is a registered Trademark of Lock & Stock, S.L. Our registered office is at Joaquin Loriga, 22, 36203, Vigo, Spain. Lock & Stock , S.L. VAT number is: ES-B27758226. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
For the purposes of Spanish Organic Law 15/1999, of 13 December on the Protection of Personal Data, El Solitario, Lock & Stock S.L., with tax ID number B-27758226 and registered address at C/ Joaquin Lóriga 22, entreplanta, 36203 (Vigo), as owner of the site www.elsolitariomc.com, informs users of the existence of a file containing personal data owned by such company, to which relevant security measures have been applied. This file is duly registered in the Data Protection Agency’s register.
By providing your details on the registration form, you expressly accept the inclusion of your details in the aforementioned file in order to process any order you place and to make future purchases on such site easier, enabling access to details of the user’s previous purchases. Likewise, by completing and sending the on-line registration form you are giving your express consent to being sent information by e-mail about special discounts and promotions undertaken by the company, a Newsletter and general information about any issue, activity or event linked to the EL SOLITARIO brand. This does not affect your right to withdraw such consent when desired. You expressly accept and authorize the use of e-mail as a valid means of sending information relating to the use of this site.
When registering, a User may ask the system to remember them automatically meaning that they do not need to identify themselves before accessing their information. This means that they can access their information directly, making purchases easier. The system automatically remembers users by employing cookies. If a user accesses www.elsolitariomc.com from another computer or if they delete their temporary internet files (cache and/or cookies), they will be asked to identify themselves.
Users can refuse to accept cookies by activating this configuration in their browser. However, if you select this configuration, perhaps you will not be able to access certain areas of the website, or take advantage of some of our services. Unless you have adjusted your browser’s configuration to reject cookies, our system will automatically create them when you log on.
When registering, the user may also ask for information about promotions and news items relating to EL SOLITARIO brand to be sent to them by e-maill. Users may access their private account at any time and may change, edit or delete the information provided. They may also unregister directly from their account or by sending a request to email@example.com or by post to the website’s owners. They must include a copy of their national identity document or equivalent ID.
The User guarantees that all personal information provided on the registration form is truthful and must inform the website of any changes to such information. Likewise, the User guarantees that all the information provided relates to their current situation, is up-to-date and accurate. In addition, the User agrees to keep all personal information up-to-date at all times and is the only person responsible for inaccuracies or false information provided and the damages Lock & Stock S.L., as owner of www.elsolitariomc.com, or third parties could suffer as a result of using such information.
Users are informed that, with regards the details collected in the manner outlined in the previous section, their rights recognised by Organic Law 25/1999 on accessing, correcting, cancelling or opposing information may be exercised. These rights may be exercised by sending a signed, written request together with a photocopy of your Spanish National ID document or equivalent ID by post to: Lock & Stock S.L, C/ Joaquin Lóriga 22, entreplanta, 36203 (Vigo).
When using the details included in the file, Lock & Stock S.L. agrees to keep them confidential and to use them in accordance with the purpose outlined above. The company also agrees to comply with its obligation to save these details and use all relevant measures to avoid them being changed, lost, used or accessed without authorization in accordance with Royal Decree 1720/2007, of 21 December approving Organic Law 15/1999, of 13 December on Personal Data Protection.