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Legal
Terms and Conditions

1.- Object

1.1 ETNIA BARCELONA, S.L., as the organisation responsible for the website, places the present document at the disposal of its users. It does so in compliance with the requirements of Spanish Law 34/2002, concerning Information Society Services and e-Commerce (LSSI-CE), and to inform website users as to the terms and conditions for the use of the site. 

1.2 Any person who accesses the website, uses its services or leaves their data thereon will, by doing so, assume the role of user and, as such, undertakes to observe and strictly comply with the provisions contained herein, as well as with any other legal requirements that may be applicable hereto.

1.3 The object of the present agreement is to regulate the rendering of services offered through this website, specifically, the sale of sunglasses and frames.

1.4 Please find below the contractual document that governs the rendering of our services and the sale of products through the website: www.etniabarcelona.com, owned by ETNIA BARCELONA, S.L. (hereinafter, service provider). Acceptance of the present document implies that the user:

  1. Has read, understands and comprehends the contents hereof.
  2. Is a person with sufficient legal capacity to enter into contractual agreements.
  3. Assumes and accepts all the obligations specified herein. 

1.5 The present terms and conditions shall be valid for an indefinite period of time and shall be applicable to all agreements entered into through the website of service provider, until such time as a new version of the present terms and conditions is published. 

 

2.- Identity of the parties 

2.1. Of the one part, the service provider defined hereinabove and, of the other, the user registered on the website and responsible for the veracity of all the personal details with which he/she has furnished service provider. 

 

3.- Contractual procedure 

3.1 The process of entering into agreement may be conducted in Catalan, Spanish, English, French, Italian or German. If said process is to be conducted in any other than the aforementioned languages, such must be stated prior to initiating the contract procedure.

3.2 To access the services offered by service provider, the user must register on the website, either as a user or to place a specific one-time order. To do so, of his/her own free will, the user must furnish all the personal details required.

3.3 During the process of making the contract, the user will be informed of the different steps to be taken and may, if necessary, modify data previously entered. The steps to be taken in the purchase procedure are as follows:

  1. Choice of product and quantity.
  2. Shopping cart. Entry of any applicable discount codes.
  3. State whether the purchaser has previously registered on the website or not.
  4. Key in personal details, delivery and billing addresses. Acceptance of Legal Notice/Privacy Policy.
  5. Choice of means of payment.
  6. Confirmation of order, purchase. Acceptance of general terms and conditions.
  7. Payment.
  8. Purchase confirmation email sent to client.

3.4 At all events, once the contract process is completed, the user will be informed to such effect via service provider’s contract platform and by the sending of the aforementioned email of confirmation of purchase.

3.5 Service provider shall not archive the electronic document and it is recommended that user saves/prints the message of confirmation and the email that will be sent to him/her within 24 hours of making his/her purchase.

 

4.- Means of payment

4.1 Payment for the order may be made by the following means:

  1. Credit card
  2. Pay Pal
  3. Apple Pay
  4. Google Pay
  5. Klarna

 

5.- Prices

5.1 All the prices shown for the services offered on the website include Value Added Tax (VAT).

5.2 The prices applicable to the different services shall be those shown on the website or those provided as special offers and promotions on the website or banners, service provider’s marketing communications, etc…   

5.3 The invoice shall be delivered along with the order placed.

5.4 If services other than those mentioned above were to be required, the cost thereof may likewise vary. 

 

6.- Delivery time

6.1 In general, within the EU, delivery time will be 2-3 working days, while for the rest of the world it will be 4-6 working days.

 

7.- Right of withdrawal

7.1. User has the right to withdraw from the present agreement within fourteen (14) calendar days, with no need for any justification whatsoever and may do so simply by informing us thereof on our website.

7.2. The aforementioned right of withdrawal shall not be applicable to any products made to purchaser’s specifications, or clearly personalised, such as, for example, prescription glasses or to the supply of goods that clearly cannot appropriately be returned, for questions of hygiene or the protection of health.

7.3. The period of withdrawal shall expire at fourteen (14) calendar days from the date on which you, or a third party appointed by you, other than the delivery company, take material possession of the goods.

7.4. To exercise your right to withdraw from our agreement, you must notify us through our website of your desire so to do, unequivocally expressing such desire.

7.5. To do so you may use the form provided alongside with your order, though it is not obligatory to do so.

7.6. To comply with the period of withdrawal, it is sufficient for you to duly inform us of your wish to exercise your right so to do within the corresponding period of time.

Consequences of withdrawal:

7.7. If you do choose to withdraw, we will return all the payments received from you, including any delivery charges (except for any additional charges there may be if you have chosen a delivery option other than the cheapest standard delivery option offered) without any undue delay and at all events, at latest, within fourteen (14) calendar days from the date on which you inform us of your intention to withdraw from the present agreement. 

7.8. Said return of payment shall be made by the same means of payment used by you in the initial transaction, unless you expressly state otherwise. At all events, said reimbursement shall not involve your incurring any extra cost.

7.9. You shall be responsible for the return shipment and for the direct costs of returning the goods.

7.10. You shall only be held liable for any reduction in value of the goods caused by any handling thereof other than that strictly necessary to establish the nature, features and functioning of the goods.

7.11. We may withhold reimbursement until such time as we receive the goods and have verified that none of the exceptions to the right of withdrawal are applicable, or that the goods have suffered no damage. 

 

8.- Shipment

8.1 Shipment shall be made free of charge, without generating any additional cost.

 

9.- Obligations on the user

9.1 The user shall be fully responsible for the confidentiality and due custody of his/her passwords, and shall avoid allowing access thereto by unauthorised third parties.

9.2 To be able to contract the services offered on the present web portal, the user shall be required to furnish certain details. Said information is required to enable the establishment of the contract and to provide the service required in the appropriate way. To such ends, user undertakes to furnish truthful, complete and precise information and likewise undertakes to inform service provider of any changes there may be thereto as early as possible, in order to avoid any problems that may derive from service provider using erroneous or old data.

 

10.- Guarantee.

10.1 All products sold over the website come with the corresponding 2 year guarantee, in line with current legal requirements

 

11.- Reporting of issues or problems.

In the case of any issue or problem with our service, be it prior to or after purchase, please contact us at ecommerce@etniabarcelona.com.

 

12.- Data protection

12.1.- In compliance with EU Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Spanish Organic Law 3/2018 of December 5, on the protection of Personal Data and the guaranteeing of Digital Rights, the data furnished and generated during the purchase procedure shall be processed by Etnia Barcelona, S.L. with a view to managing all matters related to the purchase made through our website and, if you authorise us so to do, to sending you communications relating to Etnia Barcelona, in compliance with the terms of our contract and your consent. For more detailed information on the processing of your personal data, or to request the exercise of your right to access, rectify, delete, oppose or obtain the portability of your data, or of any other that may correspond to you, please refer to the Privacy Policy of our website or send a specific request, together with a copy of your identity document, to C/ Enric Morera nº 42-44, 08950 Barcelona or to etnia@etniabarcelona.com, stating the reference RGPD. Please write “Ejercicio de derechos” in the Subject field.

 

13.- Safeguard Clause.

13.1.- Any possible invalidity or ineffectiveness of one or more of the clauses of the present general terms and conditions, for whatever reason, shall not invalidate or make ineffective the whole, and the remaining clauses shall remain in force and effective.

 

14.- Legislation and jurisdiction

14.1.- In the case of any dispute or conflict arising in the interpretation of the terms of the present Conditions of Use, or in any other question related to the services of the website, the Laws of Spain shall be applicable.

 

15.- Conflict Resolution.

15.1.- With respect to any dispute that may arise as a result of the use of the Portal or the services thereof, the parties do hereby expressly agree to submitting to the jurisdiction of the judges and courts of the domicile of the user or of that which, if applicable, is established by the standards for procedural matters and/or consumer and user affairs.

15.2.- In line with Art. 14.1 of Regulation EU 524/2013, the European Commission provides an online platform for the resolution of consumer disputes, available at:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Consumers may submit any claims they have to this online dispute resolution platform.

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