GENERAL TERMS AND CONDITIONS OF CONTRACT

1. GENERAL INFORMATION ABOUT THE OWNER OF THE WEBSITE

The purchase and sale of items through this website is carried out under the name elCarlo.Marbella SL, a Spanish company with address at Avenida Padre Isla street, no. 5- 4B 24002, registered in the Commercial Registry of the province of León, Volume 1379, Companies Book, Folio 190, Section, Sheet 28285 and NIF B 56483183

Contact: info@elcarlo.com

2. PURCHASE CONDITIONS

The formalization of the order implies, in any case, the acceptance of these purchase conditions. This formalization is understood once the confirmation email with the details of the purchase made by the user has been received.

3. PRODUCT AVAILABILITY

All orders are subject to the availability of the products, so if there are incidents regarding their supply or if there are no products in stock, the customer will be informed immediately, and the amount of the product or products will be refunded. out of stock.

In this case, Company elCarlo.Marbella sl will refund the corresponding amount without undue delay by the same means of payment with which it was paid. In the event that a product is not available, but others within the same order are, the user will be informed by phone or email of its partial cancellation.

Partial cancellation of the order due to lack of availability does not give the right to cancel the entire order. If as a result of this cancellation the customer wants to return the delivered product, they must follow what is stipulated in the returns section.

4. PRICES

The applicable prices are those indicated on the website on the date of the order. Likewise, products added by the user to the basket will always reflect the most recent price displayed on the product details page.

The prices that appear detailed in each article include VAT (Value Added Tax), IGIC (Canarian Indirect General Tax), the IPSI (Tax on Production, Services and Imports in Ceuta and Melilla), or the taxes payable. in accordance with the regulations applicable in the country from which the purchase is made, as applicable.

If an error is detected in the price of any product that the customer has requested before it is sent, even if they have received an email confirming the purchase, Empresa elCarlo.Marbella sl reserves the right to proceed with immediate rectification of the same . If the correct price is lower than the actual price, the difference will be refunded. If the actual price is higher, the order will be canceled and the customer will be notified by email or telephone.

The amount of shipping costs is indicated to the customer in detail at the time they place the order.

5. PAYMENT MODALITIES

The user agrees to pay for the purchase at the time the order is placed.

Proof of purchase will be available and can be viewed in the "My account" section in "Orders" of the website as well as in the confirmation email that formalizes the purchase.

The user must pay the amount corresponding to their order through any of the means that are enabled at the time of purchase, preferably through a credit or debit card (Visa, Mastercard , Visa electron and/or other similar cards). .

For purchases in Spain, the card with which payment is made must necessarily have a Spanish bank or savings bank as the issuing financial institution.

Company elCarlo.Marbella sl has the maximum security measures commercially available in the sector. In addition, the payment process works on a secure server using the SSL ( Secure Socket Layer ) protocol.

This secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the user's computer and that of the website. In this way, using the SSL protocol guarantees:

1.             elCarlo.Marbella server center sl and not to anyone else who tried to impersonate him.

2.             That between the user and the aforementioned server center, the data is transmitted encrypted, preventing its possible reading or manipulation by third parties.

Likewise, the Company elCarlo.Marbella sl states that it does not have access to confidential data related to the payment method used. Only the Redsys Payment Gateway , Paypal , Google Pay , Amazon Pay and Apple Pay have access to this data for the purpose of managing payments and collections and which are inaccessible to other third parties.

The user must notify Company elCarlo.Marbella sl depending on the country of purchase, any improper or fraudulent charge on the card used for purchases, by email or telephone, in the shortest period of time possible so that the appropriate procedures can be carried out.

6. SHIPPING COSTS

Shipping costs depend on the total purchase amount and the delivery point, which are calculated at the time of purchase.

Shipping costs may be assumed by Empresa elCarlo.Marbella sl if this advantage is specified within a promotion. These shipping cost promotions are usually subject to a minimum purchase amount.

In Spain, shipments to the Canary Islands, Ceuta and Melilla will not be available.

7. DISCOUNT CODES

Promotions or discount codes from Empresa elCarlo.Marbella sl are not cumulative, and are limited to one per person and per online order . Only one discount code can be used per order and per shopping cart. That is, they can be used in a single purchase of one or more products purchased through the website.

Discount codes are non-refundable and cannot be exchanged for cash.

Terms and conditions regarding code validity are included with each purchase.

If you have a promotional code you can use it before completing the order in the 'Summary of your purchase'. Enter the promotional code and click 'Apply discount code'. If the discount code is valid, you will see the discount applied in the purchase summary.

In case of return or exchange, the value of the code will not be returned.

8. ORDERS

Company elCarlo.Marbella sl undertakes to deliver the product in perfect condition to the address indicated by the user on the order form. This may be different from the buyer's address.

In order to optimize delivery, we ask the user to indicate an address to which the order can be delivered within normal business hours.

Company elCarlo.Marbella sl will not be responsible for errors caused in delivery when the delivery address entered by the user in the order form does not correspond to reality or has been omitted.

8.1. DELIVERY FORMS

to. SPAIN/PENINSULA

For purchases made in Spain, this must be included in any case within the peninsula and/or the Balearic Islands.

- Free shipping costs for purchases of €0 or more

The order will be delivered within approximately 3 to 9 business days from the order confirmation. This period may be longer during sales periods, Black Friday or specific promotions without the user having the right to claim compensation or compensation for such delay .

Once an order has been placed, the procedure to be followed by Company elCarlo.Marbella sl is as follows: Confirmation of validity of the order, preparation of orders and shipping through an express parcel company (SEUR).

The day the order is on its way, Company elCarlo.Marbella sl will inform the user by sending an email confirming the departure from our warehouses, as well as that within a period of 72 hours it should have been delivered to the address indicated at the time of making the purchase.

These deadlines are estimates, so they may vary due to logistical reasons or force majeure. In cases of delays in deliveries, Company elCarlo.Marbella SL will inform its clients as soon as it becomes aware of them .

Each delivery is considered made from the moment in which the transport company makes the product available to the user, which is materialized through the control system used by the transport company and Empresa elCarlo.Marbella s.l.

In the case of delays in the delivery of orders attributable to Empresa elCarlo.Marbella sl the user may cancel his order in accordance with the procedure described in the "return procedure" section.

Delays in delivery will not be considered those cases in which the order has been made available to the user by the transport company within the agreed period, and could not be delivered for reasons attributable to the user.

If the user is absent at the time of delivery, the carrier will leave a receipt indicating how to proceed to pick up the package. An email will be sent to the user informing where and how they can pick up their package to guarantee that delivery occurs.

If after 15 business days after the order goes out for delivery, delivery has not been arranged, the package will be returned to the warehouses of Empresa elCarlo.Marbella sl and the user must be responsible for the shipping and return costs of the merchandise, as well as the possible associated management costs, it being necessary for this that, effectively, the impossibility of delivery of the order is directly attributable to the user. . These costs will be deducted from the purchase amount of the returned order that will be refunded.

If the reason why the delivery could not be made is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually range between one and three weeks. The user must check the good condition of the package with the carrier who, on behalf of Company elCarlo.Marbella sl delivers the requested product, indicating on the delivery note any anomaly that may be detected in the packaging. If, subsequently, once the product has been reviewed, the user detects any incident such as a bump, breakage, signs of having been opened or any damage caused to it by shipping, the user undertakes to notify Empresa elCarlo.Marbella. sl via email in the shortest period of time possible and within a maximum of 2 business days from delivery.

9. RETURN POLICY

9.1. RIGHT OF WITHDRAWAL

The Customer has the possibility of withdrawing from his order without having to justify his decision within a period of fourteen (14) calendar days from receipt of the ordered Products, taking as reference the date appearing on the carrier's receipt signed by the client.

The exercise of the right of withdrawal must be carried out by email addressed to info@elcarlo.com through which you must indicate your intention to return the order. Likewise, it is reported that the client has a form to exercise the right of withdrawal in the help section.

The exercise by the consumer and/or user of the right of withdrawal entails the automatic termination of the contract at no cost to the consumer, and therefore, the return by Empresa elCarlo.Marbella sl of the sums paid by the consumer and user, without withholding expenses, except for cases in which the consumer has expressly selected a delivery method other than the least expensive ordinary delivery method, in which case the businessman will not be obliged to reimburse any additional costs resulting from this.

The return of these sums will be carried out without undue delay and, in any case, before 14 calendar days have elapsed from the date on which Empresa elCarlo.Marbella sl has been informed of the decision to withdraw from the contract by the consumer and user.

The exercise of the right of withdrawal entails the obligation of the consumer to return the product to Empresa elCarlo.Marbella sl in the same conditions in which it was received, no later than within 14 calendar days from the date on which it communicates its decision to withdraw from the contract. Therefore, Company elCarlo.Marbella SL may withhold the refund of the amount until the goods have been received or until the consumer has presented proof of their return .

In order to exercise the right of withdrawal, the product must be returned in the same conditions in which it was received, so no refund will be made in those cases in which the product is in different conditions or has suffered some deterioration. impairment or damage.

The refund will be made by the same means of payment with which the initial payment was made, unless the consumer has expressly provided otherwise, and as long as the consumer does not incur any expenses as a result of the refund.

9.2. GENERAL RETURN CONDITIONS

Without prejudice to the rights derived from the regulations regarding withdrawal and independently and in addition to this, if for any reason the user is not satisfied with the order, has received another product by mistake or has some type of damage, You can return it within 30 days from the delivery date. There are several conditions that the product must meet for it to be returned .

∙ It should not be used.

∙ It must not have suffered any type of damage.

∙ It must carry its internal and external label.

The delivery of several products must be made in the same box where we sent them to you or some similar format.

To be able to make the return through the physical store, remember to present the original purchase receipt that you received with your order and the product to be returned.

If you want to make the return from your home, access your order information and request the return. The steps to follow are described in section b) of this clause “Return procedure”.

to. EXCEPTION ON RETURN

* Exchanges or returns of underwear such as boxers and socks, or ceremonial items are not accepted.

In order for us to approve a return, the items must be in perfect condition, with the exterior and interior labels and retain the original packaging. It is only possible to process returns for products purchased in the online store.

If you receive a garment with a factory defect, send us an e-mail to info@elcarlo.com, specify in the subject: Tare + " order number ", including photos showing the tare.

b. RETURN PROCEDURE

The period to make a free return or exchange both in store and online is thirty (30) calendar days from receipt of the order, through any of the following options:

Return from your home.

Follow the following steps to request a free pickup at your home:

First step: Access

Send an email to info@elcarlo.com indicating the order number, telephone number, contact number and items to be returned with a photo of them .

Indicate the pick-up address for our transport agency and pick-up times with a minimum stretch of 5 hours. Example of 10:00 a.m. to 3:00 p.m. and the preferred collection date, with a minimum of 3 days after sending the email without exceptions on Saturdays and Sundays or national or local holidays.

If for some reason you prefer to send it yourself, please do so to the address indicated above. In this case you will have to pay the return costs, since we do not accept any packages with postage collected.

Second step. Prepare your return.

Put the items you want to return in a box along with the delivery note. If you do not have the delivery note, you can also print the order confirmation email or, if you are a registered user on the website, the order receipt that you will find in the "My account" section. Don't forget to include some of these receipts in your package. Otherwise, it will be impossible for us to identify you and complete the refund successfully.

-     Third step. Deliver the closed and properly packed package to the carrier.

                  -          Fifth step Refund

Once we receive your return in our central warehouse, the Customer Service department will contact you to confirm the refund.

From the moment the transport company picks up the item(s) and we check that everything is correct until we make the refund of the corresponding amount, between 1 and 4 weeks may pass for national returns.

Once the money has been returned, in less than a week you will see the deposit reflected in the statement of movements of your credit card or your bank account if you paid with a debit card, the time may vary depending on where the bank headquarters.

Partial returns and cancellations will result in partial refunds.

To resolve any questions you can contact us by sending an email to info@elcarlo.com or calling +34648907767

c. REFUND

Company elcarlo.marbella sl will refund the corresponding amount, including shipping costs without undue delay and, in any case, before 14 calendar days have elapsed from the date on which it has received the return or since proof of the return of the goods has been presented. goods, depending on which conditions are met first.

The refund will be made by the same payment method with which it was paid.

9.5. DEFECTIVE PRODUCT WARRANTY

If you contract as a consumer and user, we offer you guarantees on the products that we sell through this website, in the terms legally established for each type of product, responding, therefore, for any lack of conformity that may arise . within a period of two years from delivery of the product. It is understood that the products comply with the contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this website, ( ii ) they are suitable for the uses to which the products are ordinarily intended. of the same type and ( iii ) present the usual quality and performance of a product of the same type that are reasonably expected. In this sense, if any of the products do not comply with the contract, you must inform us through any of the means of communication provided for this purpose.

c. OBTAINING A GIFT CARD

The Card can be purchased on the website. It can be paid through any of the payment methods accepted in the store. elCarlo.com .​ Under no circumstances can it be paid with another Gift Card.

d. RETURN OF THE GIFT CARD

The balance of the Card cannot be refunded or exchanged for money. However, and as with the rest of the products for sale at elCarlo.marbella and under the same conditions as those established depending on the place of acquisition, the return of the Card that has not been used will be accepted, within the established deadlines.

and. GIFT CARD RETURN PERIOD

The Card purchased at elCarlo.Marbella sl , may be returned within a maximum period of THIRTY DAYS from the date of purchase.

The amount paid by the Card will be returned to the same payment system used in the purchase.

F. GIFT CARD BALANCE

The balance available on the Card at any time is the difference between the balance available at the time immediately prior to making a purchase and the corresponding amount used to pay for such purchase. If the purchase exceeds the balance available on the Card, the difference can be paid through any payment method accepted in the elCarlo.Marbella online store. s.l.

g. LOSS, THEFT OR DETERIORATION OF GIFT CARD

The Card is a bearer document. The responsibility for the use and custody of the Card corresponds exclusively to its holder. The Card will not be replaced in case of theft, loss, misplacement or deterioration, although Company elCarlo.Marbella sl reserves the right to replace the Card in case of a change in its format .

h. GIFT CARD EXPIRATION

The Card expires one year from the date of purchase. Once the card has expired, the card cannot be renewed, or used for the purchase of products, nor can any unused card balance be claimed.

Yo. SPECIFIC CONDITIONS FOR GIFT CARD

Cards originally obtained illegally will be void, cannot be used for the purchase of goods and the amount will not be refunded. The Card may not be used for advertising or promotion purposes of products or services marketed by third parties other than the issuer of this Card, unless previously authorized in writing by the latter. The acquisition and/or use of the Card implies full acceptance of these general conditions, which are available at elCarlo.com​

12. RESPONSIBILITY AND GUARANTEES

elCarlo Company sl declares that it has adopted the necessary measures that, within its possibilities and the state of technology, allow the correct functioning of the website as well as the absence of viruses and harmful components. However, Company elCarlo.Marbella sl cannot be held responsible for the following situations that are listed by way of example, but not limited to:

-       The continuity and availability of the contents.

-       The absence of errors in said contents nor the correction of any defect that may occur.

-       The absence of viruses and/or other harmful components.

-       The damages or losses caused by any person who violates the security systems of Empresa elCarlo.Marbella s.l.

-       The use that users can make of the content included on the website. The use by minors of the website or the sending of their personal data without the permission of their guardians, with the guardians being responsible for their use of the Internet.

-       The introduction of erroneous data by the user or a third party.

Company elCarlo.Marbella sl may temporarily suspend, without prior notice, accessibility to the website for maintenance, repair, update or improvement operations. Consequently, neither Company elCarlo.Marbella sl nor any of the Group companies will, in any case, be responsible for any damages that may arise from the lack of availability or accessibility of the website or from the interruption in the operation of the website. However, whenever circumstances permit, Company elCarlo.Marbella sl will inform the user, with sufficient advance notice, of the planned date for the suspension of the contents.

Likewise, in accordance with arts. 11 and 16 of Law 34/2002, of July 11, on information society services and electronic commerce (LSSICE), both Company elCarlo.Marbella sl as well as the Group's subsidiaries and franchises undertake to eliminate or, where appropriate, block content that could affect or be contrary to current legislation, the rights of third parties or morality and public order.

13. INTELLECTUAL AND INDUSTRIAL PROPERTY

Company elCarlo.Marbella sl is the exclusive owner of the rights related to its website and its social networks, therefore, all content, graphic design and codes that are part of https:// elCarlo.com/ and its domains are the exclusive property of Empresa elCarlo.Marbella sl Its reproduction, distribution, public communication, transformation or any other activity carried out with the contents is prohibited, even if the sources are cited, unless there is prior, express and written consent from Empresa elCarlo.Marbella sl Therefore, they are protected by the Intellectual Property Law.

Company elCarlo.Marbella sl l does not grant any authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the website, and in no case will it be understood that the access and navigation of users implies a waiver, transmission , license or total or partial transfer of said rights by Empresa elCarlo.Marbella sl Any use of these contents not previously authorized by Empresa elCarlo.Marbella sl will be considered a serious breach of intellectual or industrial property rights and will give rise to legally established responsibilities. Company elCarlo.Marbella sl reserves the right to exercise the corresponding judicial and extrajudicial actions against the user .

14. DATA PROTECTION AND CONFIDENTIALITY

Company elCarlo.Marbella SL is responsible for the processing of all its clients' data, which is why the company has a Record of Processing Activities which indicates how its clients' data is treated. Likewise, Company elCarlo.Marbella sl guarantees privacy and confidentiality in the processing of its clients' data for the purposes of electronic commerce and contracting.

In compliance with current regulations, Company elCarlo.Marbella sl informs that the data will be kept for the period strictly necessary to comply with the services provided and legal obligations.

Likewise, the data will be processed in a lawful, fair, transparent, adequate, relevant, limited, exact and updated manner. That is why Company elCarlo.Marbella sl undertakes to adopt all reasonable technical and security measures so that these are deleted or rectified without delay when they are inaccurate or untruthful.

In accordance with data protection regulations, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and opposition to the processing of your personal data, as well as renounce the consent given for the processing thereof , the Request should be directed to the following email info@elcarlo.com 

15. EXCLUSION OF LIABILITY DUE TO FORCE MAJEURE

Compliance by the elCarlo Company sl of all or part of its obligations will be suspended in the event that a fortuitous event or force majeure occurs that prevents or delays compliance. They will be considered as such, in particular, without this list being limiting: war, a pandemic, riots, insurrection, social unrest, strikes of any nature and supply problems not attributable to it. Company elCarlo.Marbella sl will inform the client of such a fortuitous event or force majeure within seven days after its occurrence. In the event that said suspension extends beyond a period of fifteen days, the customer will then have the possibility of terminating the order in progress and the refund will then be made under the conditions provided for in these General Purchase Conditions or in those others that the applicable regulations could, where appropriate, establish.

16. RESERVATION OF THE RIGHT TO MODIFY THESE CONDITIONS

Company elCarlo.Marbella sl reserves the right to modify these general conditions to adapt it to any change or regulatory development, for technical reasons, due to changes in the services offered by Empresa elCarlo.Marbella sl or due to strategic decisions of Empresa elCarlo.Marbella sl. In these cases, this website will be notified in advance of the changes that are going to occur in the data protection policy and from when they will begin to have full effects. No modification will affect orders that are in progress.

If the user does not agree with the changes, they must stop using the website. The use of the website after making the changes will imply acceptance of the same by the users.

17. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

For any questions, suggestions, queries or complaints about the online store, you can contact Customer Service, by any of the following means:

∙ Email: info@elcarlo.com

In addition, we have official Complaint Forms available to consumers and users, which can be submitted to the postal address and email address indicated above. You can request them by calling +34 648907767

The Customer Service of Empresa elcarlo.sl will attend to and respond to your claim as soon as possible, and in any case within a maximum period of one month.

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.

Pursuant to Directive 2013/11 of the European Parliament and of the Council of 21 May 2013 on the alternative resolution of consumer disputes and Regulation (EU) No 524/2013 of the European Parliament and of the Council , of May 21, 2013, on online dispute resolution in consumer matters. Regardless of the method used to present the dispute to the arbitrator, the Client's request must contain the following information: postal address, email address and telephone number, a brief summary of the facts and evidence of previous actions taken with the arbitrator. Company Customer Service elcarlo.sl