Ahora TERMS & CONDITIONS⎮CLASHBAGS

TERMS & CONDITIONS

INTRODUCTION

We invite you to review the General Terms and Conditions of Use and Sale of the clashbags.com website.

By using this website, you are bound to these Conditions and the Privacy Policy, so we recommend that you read these Conditions carefully. If you do not agree with them, you must leave the website. These Conditions may be modified at any time, so you should read them before placing each order.

All products offered on Clashbags.com are sold directly by CLASH BAGS, headquartered at the Agudes 522 (ordenacion Riells), 17404 Riells i Viabrea, Spain, holder of EU VAT number W45492392. For any questions, consultations or suggestions, please send your comments by email to: info@clashbags.com

INTELECTUAL OWNERSHIP

All intellectual and industrial property rights to the web domain, as well as the contents (pictures, designs, models, logos, trademarks, etc.), belong to CLASH BAGS, so no user is authorized to make use of them, nor print them nor store them on any physical medium for any reason other than for personal and private use. The modification, decompilation or commercial use of any part of the same is strictly prohibited.

Use of the contents of the web domain is authorized for information and service purposes only, whenever the source is referenced, and the user alone is liable for any misuse of the same.

Accessing this website does not give the users any right or ownership whatsoever to the intellectual or industrial property rights nor to the contents it contains. Users who access this page may not copy, modify, distribute, transmit, reproduce, publish, transfer nor sell the aforementioned elements, nor create new products or services derived from the information obtained without the prior express authorization, in writing, of CLASH BAGS.

Any alteration of the content or structure of this web page by the user is strictly prohibited.

The “CLASH BAGS” trademark and all other related trademarks and logos displayed on clashbags.com, as well as the domain names “clashbags.com” and “clashbags.es” are exclusive property of CLASH BAGS.

CLASH BAGS reserves the right to take any pertinent legal actions against users who violate or infringe the intellectual and/or industrial property rights.

The company reserves the right to modify the content on the web domain without advance notice, limiting or blocking access to this website.

LINKING

You may only provide a link to clashbags.com or other CLASH BAG’s content or materials with express authorization in writing by CLASH BAGS.

Clashbags.com may contain links to content owned by third parties.

CLASH BAGS assumes no liability whatsoever for the information contained on said third-party websites.

USAGES CONDITIONS

These conditions have been designed to create a legally binding agreement between you and us, protecting your rights as a customer and our rights as a business.

These conditions regulate the offer, purchase acceptance and deliver of products between you and us.

Clashbags.com offers the products solely to end users who acquire goods with no intentions of reselling them.

The "end user" is any individual or legal entity that acts on clashbags.com for purposes different from those corresponding to the commercial, business or professional activities normally undertaken.

CLASH BAGS reserves the right not to fulfil orders made by entities different from the end user. Only end users who have accepted these Terms & Conditions may acquire the goods and services sold through clashbags.com.

REQUIRES FOR BECOMING A REGISTERED USER

Becoming a registered user enables you to browse through the different restricted-access areas included on the website, use the services that require you to log in and acquire any product that may be offered on the same.

A registered user may be any person of legal age and full authority to enter into the contract established by these Terms & Conditions. Becoming a registered user requires you to read and expressly accept, without any reservations, the terms included in these Terms & Conditions, stating advance awareness of your acceptance of them and enabling you to save and reproduce them.

The username and password generated that enable you to identify yourself as a registered user and to use the service are strictly personal and confidential. You are responsible for keeping them confidential. As a result, you expressly accept that we assume that all usage of the service carried out using the identification codes are done by you, unless you have notified us in advance that they have been lost or stolen.

CUSTOMER OBLIGATIONS
The customer, registered user or not, is obligated to:

  • Provide CLASH BAGS their personal details (name, surname(s), postal address, e-mail address and other contact details) truthfully and faithfully, aware that we may use this information to contact you if necessary. If you do not provide all of the information, we will not be able to process your order. Otherwise, CLASH BAGS shall not be liable under any circumstances for possible delays or failures in the delivery as a result of error or omission of these data.
  • Not place fraudulent, false or speculative orders. CLASH BAGS reserves the right to cancel the order and/or inform the pertinent authorities if we have reason to believe that to be the case.
  • When placing an order on this website, you guarantee us that you are over 18 years old and that you are legally authorized to enter into binding contracts.
  • Use the Services included on this website properly, always in compliance with applicable law.
  • Refrain from conducting any activity that hinders or interferes with the functionality of the Services included on the website.
  • Pay for any product contracted through the website, as well as any shipping and handling charges that may apply.

SCOPE OF THE OFFER

CLASH BAGS.com is available worldwide, but purchase orders with a delivery address located in territories where the order cannot be delivered through our usual couriers (mainly Correos España) could be rejected during the purchase process.

For more information please contact us at info@clashbags.com.

ORDER ACCEPTACE

All orders are subject to our verification and acceptance (even if the order amount has been charged in your account or debit/credit card).

We will confirm acceptance by sending you an email informing you that the order is being delivered (shipping confirmation). Only at this point shall the Contract between you and us be formalized.

The Contract with CLASH BAGS may be drawn up only in English. CLASH BAGS may abstain from processing orders that do not offer sufficient guarantees of solvency, or that are incomplete or incorrect or if the products are unavailable, with no liability assumed with you nor with others. In any case, we are committed to keeping you informed, and if we have already charged your account or debit/credit card, the amount paid in advance will be refunded.

CONTRACT WAIVER

You may terminate the contract within 14 calendar days after the date on which the order is received.

The amount paid for those products shall be reimbursed in accordance with our Return Policy. The delivery charges (customs duties, taxes at destination, etc.) shall not be reimbursed for any reason.

The right to terminate the contract shall apply whenever the products are returned in the same conditions in which you received them, together with their complete original packaging, tags and any accessory related to them.

We will decide whether or not the products are in the same condition as when they were sent. Returned products that are damaged, incomplete, deteriorated, used or soiled because of the client shall not be reimbursed and shall be returned to the sender, postage due.

To exercise your right to terminate the contract, we invite you to follow our Return Policy.

PRODUCT AVAILABILITY

You accept that the products offered on clashbags.com are subject to stock limits and all orders are subject to availability.

If any of the products are not available once you have placed the order, we will inform you as soon as possible. At that time, you can modify your order or cancel it.

CLASH BAGS reserves the right to modify the products offered on the website at anytime without prior notice.

DELIVERY & DELIVERY PROBLEMS

The products are delivered through a courier service. Your order will be shipped within 5 working days from the moment in which we have confirmed the order.

Once the order has left our warehouses, we will send an email notifying you that your order has been accepted and is being delivered.

Orders will be delivered to the delivery address provided during the purchase process, so it is important that you pay special attention when completing the delivery address data. We will not be held liable if the delivery address is incorrect or incomplete.

You can track the status of your order in the “My account” zone of our website or through the link sent in the shipping confirmation.

You must notify us if you have not received your order after more than 10 working days.

If it is impossible for us to make the delivery, the courier service will contact you again to arrange a new delivery date.

When you receive your order, you must verify that everything is as requested. If there is any discrepancy or problem with the order, contact us at info@clashbags.com and provide us with your personal details and the order number, indicating the discrepancy or problem. We will contact you as soon as possible to resolve the incident.

TRANSFER OF RISK AND OWNERSHIP

You take ownership of the products as soon as full payment for the products, including the shipping cost, are paid. The liability for the products is transferred to you as soon as the order is delivered to the delivery address indicated in the purchase order.

CURRENCY, TAXES, PRICES AND PAYMENT METHOD

The prices on our website are shown in Euros for all countries. In accordance with the applicable legislation, any purchase made on our website is subject to the Value Added Tax (VAT) except for deliveries outside the European Union (EU).

For delivery to countries outside of the European Union (EU), customs charges and other taxes or duties at destination may apply and are not included.

If you are a VAT taxpayer (businesses, entities, organisations, etc.) residing in the European Union and you have an intra-community VAT number, you will be exempt from paying VAT and you will be required to send a copy of the corresponding document by email to: info@clashbags.com

The delivery charges are added in the purchase summary, before making payment.

When you access the online store, we detect the country from which you are connecting to show you the right information (prices, shipping costs, etc.). We also give you the option of selecting the country in which you will make the purchase so that you can see the prices of the products by country. If after accesing the website you change the destination country, the prices shown in the final order summary may vary.

CLASH BAGS reserves the right to modify the prices show on the website without prior notice.

The price of the products will be as stipulated on our website at all times, except in the case of obvious error. Although we make every effort to ensure that all prices listed on the pages are correct, errors may occur. If we discover an error in the price of the products that you have ordered, we will inform you as soon as possible, giving you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and any amounts paid will be reimbursed in full.

We are not obligated to provide you the product(s) at an incorrect lower price (even if we have sent you the Shipping Confirmation) if the error in the price is obvious and unmistakable and could reasonably be recognised by you as an incorrect price.

All rights recognised by the applicable legislation are reserved.

CLASH BAGS accepts payments made via credit or debit card (Visa, MasterCard, 4B and Master 4B). The acceptance of other cards (Master no 4B, private cards, etc.) is up to the card issuer (for any doubt check with the issuer of the card).

To protect credit/debit card payment security, we use secure payment systems. The confidential payment data are transmitted directly and encrypted (SSL) to the financial entity. The payment is authorized at time of transaction.

INFORMATION REGARDING CREDIT CARD RETENTIONS
If you make a payment using a debit card, Visa Electron or a weekly credit card, there may be a temporary double charge shown on your card, consisting of a retention made by your bank for the total of the order and an equal amount when we make the real charge. The retention will automatically disappear after a period of approximately 10 days depending on your bank. The temporary retention is totally unrelated to CLASH BAGS This is in due to existing operations between Banks and card issuers.

clashbags.com complies with VISA requirements.

CLASH BAGS reserves the right to verify the personal details and take appropriate measures to ensure that the merchandise is properly delivered.

RETURNS POLICY

If you wish to exchange your order or ask for a refund, you can do it within 14 calendar days of the delivery date.

We offer free returns on purchases, except for those made in special sales: pre-orders, sample sales, sales, archive sales,…

Before making a return, please, contact us by email at info@clashbags.com, notifying us that you will be making a return, along with the order number. We will contact you back the soonest providing all the instructions to proceed to the free return. This is especially important for returns from non-EU countries to do it properly.

The products must be returned in the same conditions in which you received them, together with their complete original packaging, tags and any accessory related to them. You are responsible for proving that the articles have been returned.

If your return does not comply with the stipulated terms, you will not have the right to reimbursement and we will return the products to you, postage due.

If the recipient of the products is different from the person who made payment, the money will be reimbursed to the person who made the payment.

The products returned must be sent in a single delivery. We reserve the right to reject products that belong to a single order but have been returned and delivered at different times.

Once we have verified that the returned products meet all of the specifications in the Return Policy, we will send an email informing you that the return has been accepted. Regardless of the payment system used by you, the reimbursement will be made as soon as possible, always within 15 days of receipt of the returned products.

We will not be liable for loss, delay or deliveries to the wrong address of any product that you want to return to us, so we recommend that you make the delivery following our instructions, or by certified post or with receipt confirmation.

For purchases made in special sales: pre-orders, sample sales, sales, archive sales, etc. you will be responsible for the product return costs (including taxes and customs duties), and in no case we will accept returns delivered postage due.

In stores returns/exchanges are not permitted.

To make a return, you must send the products to the following address:

CLASHBAGS
Agudes 522 (ordenacion Riells)
17404 Riells i Viabrea
Spain

Phone number: +34 672280331

In those cases where payment has been made via bank transfer, for refund to be carried out the attached returns form must include bank account number into which the refund should be made.

DEFECTIVE PRODUCT RETURNS

If you receive an erroneous order or a defective product, we ask you to contact us immediately, within 24 hours, at the following email address, indicating the error or defect, along with your personal details: info@clashbags.com.

We will contact you as son as possible and we will inform you how to proceed.

In the event of problems with the packaging, you must notify the courier service as soon as you receive the order.

We will examine the returned product carefully and notify you by email within a reasonable period of time if the right item is available and when the product will be sent. The item will be returned or replaced as soon as possible and, in any case, within 30 days of the date on which we sent the email confirming that the inadequate item would be returned or replaced.

The amounts paid for products returned due to flaws or defects, when they actually do exist, will be reimbursed in full, including any delivery charges paid to send the item to you and the costs to you to return it to us. The refund will be made using the same method as that of payment.

All rights recognised by the applicable legislation are reserved.

PURCHASE LIMITS

For security reasons, we can reject orders in excess of 3.000,00 € nor containing over 5 items within 15 days. If you are interested in making purchases in excess of that amount or quantity, please contact our customer support service by email at: info@clashbags.com

PRODUCT GUARANTEES AND INFORMATION

The products showed on our website are a carefully selected sample of our collections. We have taken special care in showing the colours and characteristics of our products with great precision.

Most of the products offered on Clashbags.com are made entirely by hand for an expert artisan. Therefore variations in each piece will naturally occur and serve to enhance the unique handcrafted nature. And of course, each monitor is calibrated differently, and we cannot guarantee that your monitor shows entirely true colours.

LIABILITY AND EXEMPTION OF LIABILITY

None of these purchase conditions exclude or limit our liability for (1) death or personal injury cause by our negligence, (2) fraudulent statements, (3) any other liability that may not be limited or excluded according to applicable law.

Subject to the paragraph above, and to the extent that the law allows, we shall not be liable for financial loss (including lost income, profits, contracts, business or expected savings) or loss of good will or reputation or losses due to special or indirect damages suffered or incurred by you as a result of or in connection with these Conditions.

The content of this section does not affect your legal rights as a consumer, nor your right to terminate the contract.

EVENTS BEYOND OUR CONTROL

We shall not be held liable for any non-compliance or delay in compliance of any of the obligations assumed in a Contract, when the cause is due to events that are beyond our reasonable control ("Force Majeure").

Force Majeure includes any act, event, lack of service, omission or accident that is beyond our reasonable control, especially including but not limited to the following:

  • Strikes, lock-outs or other protest measures.
  • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flooding, earthquake, sinking, epidemic or any other natural disaster.
  • Inability to use trains, ships, aircraft, motor transport or other means of transport, whether public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions by other governments.

Our obligation to fulfill any Contract shall be understood to be suspended during the period in which the Force Majeure situation remains in effect, and we shall be granted an extension in the period of time stipulated to fulfil our obligation while such a situation lasts. We will make every effort to bring an end to the Force Majeure situation or to find a solution by any means that enable us to fulfil our obligations under the Contract, despite the situation of Force Majeure.

APLICABLE LEGISLATION

These conditions are governed by Spanish law. To resolve any query, discrepancy or divergence which could be caused during the completion and interpretation of this contract, parties will be subjected to the Courts and Tribunals of Girona (Spain).