Legal Notice
HOLDER’S DATA
In compliance with the provisions of Law 34/2002 of July 11, 2002, of Services of the Information Society and Electronic Commerce (LSSICE), below are the general information data of the website www. bracomonteequestrian.com.
The ownership of the present website belongs to KLOÉ SPAIN S.L. hereinafter BRACOMONTE EQUESTRIAN.
VAT NUMBER: B93218931
Registered Office: C/ Calle Borgoña, 4. 29602, Marbella (Málaga)
Email: hello@bracomonteequestrian.com
The Customer agrees to access the website, to make proper use of it, its services and content under the provisions of current legislation, in case of failure to comply with this requirement or not complying with the terms and conditions set forth herein, BRACOMONTE EQUESTRIAN reserves the right to withdraw immediately and without notice, access to the website.
BRACOMONTE EQUESTRIAN reserves the right to add, delete, change or modify at any time, the presentation, configuration and location of the website, as well as the conditions required to use the website. Likewise, it reserves the right to modify at any time the Terms and Conditions of Purchase.
PURCHASING PROCESS
Customers must, during the purchase process, fully and unreservedly accept the Terms and Conditions of Purchase, which are provided in Spanish and English, and in any case will be included by link in the purchase confirmation email, so that they can be filed by customers for reproduction when necessary.
To make a purchase at www. bracomonteequestrian.com you must follow the following process:
1º.- Select the products you wish to purchase from among those offered by BRACOMONTE EQUESTRIAN on the website.
2º.- Once you have selected the product you wish to buy, you must click on the button ” ADD TO CART “, thus incorporating the product to your shopping cart. If you wish you can continue adding more products to your shopping cart.
3º.- Once the selection of products has been completed, you can click on the top menu on ” VIEW CART ” and a summary will appear identifying the item/s selected.
Finally to continue with your order you must click on the button ” CHECKOUT “.
4º.- To finalize the process you can register and create a user account or place the order as a “guest”.
5º.- Finally you must choose the shipping system and then the payment system of your order among those offered by BRACOMONTE EQUESTRIAN and click on ” MAKE THE PAYMENT OF THE ORDER “.
6º.- Once the purchase process is completed, BRACOMONTE EQUESTRIAN will send you an email detailing the details of your order. If you do not receive this email within 24 hours, please contact us. If you notice any error in the data entered in your order you can correct them through the following means:
By writing to the e-mail address at hello@bracomonteequestrian.com.
By WhatsApp Chat.
PRICES AND PAYMENT METHODS
The prices of our products are shown in euros, including taxes.
When placing the order, the Customer may freely choose to pay for the purchases made in the following payment systems:
Credit Card: through the payment gateway provided by a bank. The purchase process is facilitated with immediate confirmation, at no additional cost to the Customer through the bank’s payment gateway, securely and integrated with the purchase process in the online store. Accepted cards are: VISA, Mastercard, AMEX, Maestro.
Paypal: If this payment method is selected, the Customer will be redirected to the PayPal web page at the moment of ” MAKING THE PAYMENT “, to be able to make the payment using his PayPal account or directly through the use of VISA, Mastercard, AMEX, Maestro credit cards.
We use SSL (Secure Socket Layer) technology. SSL encrypts and protects all data you send us over the Internet.
The Customer guarantees to be the owner of the data provided for the collection of the product or person authorized by it, so BRACOMONTE EQUESTRIAN does not assume any responsibility in this regard.
BRACOMONTE EQUESTRIAN issues to the Customer a confirmation email with his purchase.
Once the product has been shipped, in the case of European territory, a digital invoice will be issued and the Customer will receive it by email. However, the Customer may also request a paper invoice by sending an email to hello@bracomonteequestrian.com.
For shipments outside Europe, the invoice will be included in paper format in the product package.
SHIPPING AND DELIVERY OF ORDERS
DOMESTIC SHIPPING
We ship all over Spain, except Balearic Islands, Canary Islands, Ceuta and Melilla.
INTERNATIONAL SHIPPING
We ship worldwide.
If you cannot find your country in our list, please email us at hello@bracomonteequestrian.com.
Shipping costs from 5€ to Spain. Free shipping from 100€.
Shipping costs 9€ to the rest of the EU countries. Free shipping from 100€.
Shipping costs 19€ to Switzerland, Greece, Norway and United Kingdom. Free shipping from 200€.
49 € shipping costs to Australia, New Zealand, United Arab Emirates, Canada and USA. Free shipping from 500 €.
Customs and import VAT and any other additional costs associated with delivery outside Spain and the EU area are the responsibility of the customer.
The transport company makes a maximum of two (2) attempts to deliver the order. In case it has not been possible to deliver it, they send an email to the Customer indicating the place where he/she can pick up the order within a maximum of ten (10) days. If a customer is not available to receive / pick up his order in due time and the items must be returned by the carrier to BRACOMONTE EQUESTRIAN, upon receipt of the product, we will refund the amount of the order but deduct the costs of the return shipping.
We cannot ship orders to PO Boxes, only to a street or shipping address where someone can sign for the order.
RIGHT OF WITHDRAWAL
The Customer who holds the status of consumer or user in accordance with Article 3 of the Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws (TRLGDCU) may exercise their right of withdrawal. BRACOMONTE EQUESTRIAN gives its customers a period of one hundred (100) calendar days from receipt of their order to exercise the right of withdrawal.
This right of withdrawal shall not apply in the following cases, as established in Article 103 of Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
The supply of goods made to the specifications of the consumer and/or clearly personalized.
The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
Items must be in perfect condition, unwashed, unused and with tags attached. And if possible, in their original packaging.
The refund of the purchase amount will be made once the condition of the product has been checked and, unless we communicate otherwise, will be made through the same means of payment used for the payment of the order.In any case, the refund will be made within a maximum of 14 calendar days from the reliable receipt of the withdrawal request.
Upon receipt of the request, BRACOMONTE EQUESTRIAN will send the Customer the necessary instructions to deliver the product at the collection point to be indicated. The Customer must deliver the product at the collection point, without undue delay and, in any case, no later than 14 calendar days from the date on which it communicates its decision to withdraw.
The return costs arising from the exercise of the right of withdrawal shall be borne by the Customer.
The Customer will assume the decrease in value of the goods resulting from a manipulation of the same other than that necessary to establish its nature, its characteristics or its operation.
It will be analyzed by BRACOMONTE EQUESTRIAN how the state of the product is in respect of which the right of withdrawal has been exercised. In appropriate cases, it will communicate reliably to the Customer the existence and amount of this depreciation in the price of the product justifying it in any case in objective and verifiable criteria.
The Customer may exercise his right of withdrawal by means of
By sending an email to our email address hello@bracomonteequestrian.com.
By means of Whatsapp chat.
The customer may use the model withdrawal form below, although its use is not mandatory.
WITHDRAWAL FORM (You must complete and send this form only if you wish to withdraw from the contract using the form)
To the attention of KLOÉ SPAIN S.L. (BRACOMONTE EQUESTRIAN) with address at C/ Calle Borgoña, 4. 29602, Marbella (Málaga). Email hello@bracomonteequestrian.com I hereby inform you that I withdraw from my contract of sale of the following good or list of goods: (Indicate product or list of products in respect of which the right of withdrawal is exercised)
___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________
Ordered on: (Indicate date)________________
Order Number: (Indicate)_____________
Name of consumer and user: (Indicate)_______________________________________________________________
Address of the consumer and user: (Indicate)_____________________________________
Signature of the consumer and user (only if this form is submitted on paper) ___________________________
Fecha: ___________________________
PRODUCT DEFECTIVE, WRONG OR DAMAGED IN TRANSIT
In the event that the product is defective or does not correspond to the requested product, the Customer may return it with all its accessories. BRACOMONTE EQUESTRIAN will assume the shipping costs generated by the delivery of the product and the return of the same.
BRACOMONTE EQUESTRIAN will proceed to the reshipment of the repaired or replaced product, completely free of charge.
Upon receipt of a request to return a defective, erroneous or damaged product during transport, BRACOMONTE EQUESTRIAN will send the Customer the necessary instructions to deliver the product to the collection point that will be indicated. The Customer must deliver the product at the collection point, without undue delay.
If the Customer wishes to return the goods with a carrier other than the one proposed by BRACOMONTE EQUESTRIAN, and the carrier selected by the Customer offers higher rates, the Customer shall bear the difference in the cost of transportation.
The Customer may communicate its intention to make a return for this reason by sending an e-mail to hello@bracomonteequestrian.com.
If the product has been damaged during transport, the Customer must inform us as soon as possible upon receipt of the order and, if possible, note the incident on the carrier’s delivery note.
Upon receipt of the order, before opening the package, the Customer must verify that the packaging is in good condition. If the Customer notices any anomaly before opening the product, please do not open the seal or the packaging.
In the event that the Customer has returned a product on the basis of an alleged defect or error in the goods and it is finally determined that no such defect or error exists, the cost of return shall be borne by the Customer.
PRODUCT CHANGE
If you wish to exchange a product for another, please send an email to hello@bracomonteequestrian.com. Upon receipt of the request, BRACOMONTE EQUESTRIAN will send the Customer the necessary instructions to deliver the product at the collection point that will be indicated.
The Customer must deliver the product at the collection point, without any undue delay and in any case not later than 14 calendar days from the date on which it communicates its decision.
The product must be in perfect condition, unwashed, unused and with the labels attached. And if possible, in its original packaging.
The cost of returning the product to be exchanged shall be borne by the Customer, but we will send the other product free of charge.
In case the new product has a lower price than the initial price, the difference will be reimbursed to the Customer and in case the price is higher, such cost will be assumed by the Customer.
CUSTOMER SERVICE
BRACOMONTE EQUESTRIAN puts at your disposal a Customer Service that you can access by sending an email to hello@bracomonteequestrian.com or using the WhatsApp Chat . The customer service will be operational from Monday to Friday from 10:00 to 18:00.
We also inform you that we have Complaint Forms available at our company’s headquarters or, if requested, we will provide you with a link to the website of the competent body for consumer and user protection.
WARRANTY
The products we offer are guaranteed against manufacturing defects for three years from the date of delivery. The warranty does not include damage caused by misuse or normal wear and tear.
At the moment, that any incidence arises, the Client that holds the condition of consumer and user must contact us to inform of the same, we recommend to include in detail the problem and if it were the case to provide any visual material such as photos to be able to show it. Upon receipt of the request, we will respond as soon as possible to inform and indicate the steps to follow, at the time of receiving the acceptance of the warranty by the manufacturer.
In case of a defective product, BRACOMONTE EQUESTRIAN will proceed, as appropriate, to repair, replace, a price reduction or termination of the contract, steps that will be free to the consumer. BRACOMONTE EQUESTRIAN will respond to the lack of conformity that are manifested within three years of delivery.
In either case, all shipping costs or returns arising from the warranty process will be borne by BRACOMONTE EQUESTRIAN.
In the absence of proof to the contrary, the products shall be deemed to conform to these Terms provided that they meet all of the requirements set forth below:
Conform to the description given by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
Are suitable for the uses to which products of the same type are ordinarily destined.
They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product.
PROTECTION OF PERSONAL DATA
KLOÉ SPAIN S.L. (BRACOMONTE EQUESTRIAN) Data Controller with registered office at Calle Borgoña 4. 29602 Marbella (Málaga). Spain. CIF: B93218931. Email: hello@bracomonteequestrian.com.
Below, we inform you about the treatment that we carry out of the data collected in the purchase process.
Purchase form
The personal data collected through this form are used to manage the completion of your purchases in our online store.
So that you can enjoy the benefits we offer only to registered customers on our website, we will also use your data to send you commercial communications or Newsletter with information about our products and services that may be of interest to you.
The legal basis for the processing of your data is the fulfillment and execution of the contractual conditions and the legitimate interest of the company in customer loyalty.
You can oppose to continue receiving our commercial communications by sending an email to hello@bracomonteequestrian.com indicating “UNSUBSCRIBE COMMERCIAL COMMUNICATIONS” and/or through the procedure that we indicate in each commercial communication.
Data Retention
The data will be kept for the time necessary to respond to your request or inquiry and to meet possible legal responsibilities.
Data transfers
BRACOMONTE EQUESTRIAN will not transfer personal information obtained through this website to third parties unless there is a legal obligation.
International transfers
Our website is developed on the Shopify platform (Shopify International Ltd.), so that our users’ data may be transferred to Canada, pursuant to Commission Decision 2002/2/EC of 20 December 2001, in respect of entities subject to the scope of application of Canadian data protection law. They may also be transferred by this platform to other countries under contractual commitments comparable to those of the Standard Contractual Clauses.
Exercise of rights
You may exercise your rights of access, rectification, deletion, limitation, opposition and portability of your data, as well as the right not to be subject to decisions based solely on the automated processing of your data, where applicable, by sending an e-mail to the above e-mail address or by letter to the above address.
In case you consider that there is any violation of your right to data protection by us, you can file a complaint with the Spanish Data Protection Agency (www.aepd.es).
User account deletion
If you have registered as a user of our online store, you may unsubscribe through the link that we put for that purpose in your user profile . The information associated with your account will be deleted and only the data strictly necessary to meet possible legal responsibilities will be retained. Remember that if you request cancellation, you will not be able to access your user profile again.
CUSTOMER’S AGE
The Customer may only contract if he/she is of legal age and/or has the legal capacity to bind him/herself. Otherwise, the responsibility for the realization of orders by minors shall be borne by the parents or legal guardians of the minor.
LEGISLATION AND JURISDICTION
The parties submit to Spanish law for the resolution of any disputes that may arise.
For Customers who are consumers and users, the competent courts and tribunals shall be those of the place of their domicile. For the rest of Customers, the competent courts and tribunals will be those of Marbella (Malaga).
ONLINE DISPUTE RESOLUTION PLATFORM
The European Commission provides an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/. Customers who have the status of consumer or user in accordance with article 3 of the TRLGDCU may submit their complaints through the online dispute resolution platform.
Last update of the Terms and Conditions of Purchase: _29/05/2022__________