In compliance with what is put forth in Law no. 34/2002, of 11 July, on Information and Electronic Commerce Services, the General Information regarding www.robertoverino.com is given below:
• The web page registered under the name of robertoverino.com is operated by ROBERTO VERINO DIFUSION, S.A. (hereinafter, "ROBERTO VERINO"), a Spanish company located at Calle Pontevedra 2/4, Parque Tecnológico de Galicia, San Cibrao das Viñas (32900 Ourense), with NIF (National Identification Number) A32005746 and recorded in the Mercantile Register of Ourense, on Volume 159, Folio 87, Inscription 19 of Page OR 412.
• The present General Conditions are applicable to all the orders and are in force as of 1 October 2012. ROBERTO VERINO reserves the right to modify at any time and without any necessity for prior notice, the presentation, configuration and contents of the website, as well as the present conditions and other details, which may exist for specific areas, services or uses. For this reason, ROBERTO VERINO recommends that the users read these General Conditions carefully each time they visit the website.
• The website www.robertoverino.com operates exclusively in the following territories (further related to as Territory)
- Spanish Territory comprised of by the Iberian Penisular and the Balearic Islands
- Portuguese Territory (excluding Islands)
- The French Continental Territory (excluding overseas regions)
- Belgium Territory
- Netherlands Territory
- Italian Territory (except San Marino, Livigno, Campione, Italian Waters of Lugano Lake)
- Territory of Greece (excluding Mount Athos)
- Territory Ireland
- Luxembourg territory
- Latvia territory
- United Kingdom territory
- Territory of Germany
- Territory of Austria
- Territory of Finland
Products will be shipped only to listed Territories. The languages accepted for ordering are Spanish, English and French.
GENERAL CONDITIONS OF USE, CONTRACTING AND SALE
I.- THE PURPOSE
• The present General Conditions for Use, Contracting and Sale (hereinafter "General Conditions") will regulate the use of the www.robertoverino.com website, which belongs to and is managed by ROBERTO VERINO DIFUSION, S.A. It has been placed at the disposal of those who access it (hereinafter the "Users") to furnish them with information regarding the different products. It will also provide them with access to said products by means of their purchase under the conditions offered on the WEB, in accordance with the established contracting procedure (all of this is jointly called the "SERVICES").
• Under these conditions, ROBERTO VERINO will furnish information about the different products and offer its customers the possibility of buying them through ROBERTOVERINO.COM, under the conditions specified herein. The information contained on this web page is not intended to be a sales offer, but an invitation to contract them. No contract will exist between you and us in relation with any product until your order has been expressly accepted by us. The different offers made to the users on the WEB are intended exclusively for the final adult users. Therefore, when accessing the contracting of the SERVICES, the user implicitly declares that he or she is of legal age and has the necessary legal capacity for its contracting. ROBERTO VERINO will not be responsible for the legal consequences and the expenses, which might be derived when the SERVICES are contracted by minors or by handicapped individuals, and the corresponding party under Law will be held responsible.
• ROBERTO VERINO reserves the right not to enter into a contract with a user who makes a fraudulent use of the WEB or does not comply with or violates any of the conditions covered in the present General Conditions. In such a case, ROBERTO VERINO could reject the person as a customer of the website and deny these individuals access to ROBERTO VERINO.COM.
• The present General Conditions apply to all the contracts you sign with ROBERTOVERINO.COM, as well as to all the commercial relations of any kind in which ROBERTO VERINO and you intervene, except when expressly indicated to the contrary. If the General Conditions establish a period of time, this will be understood to be working days, which include all the days of the week except Saturdays, Sundays and national or local holidays at the Roberto Verino locations.
II. CONTRACTING OF THE SERVICE
• The users are obliged and agree to use correctly, in a licit and diligent manner, the WEB and the Services offered therein, and in particular, not to make any use of ROBERTO VERINO.COM which might be contrary to its own purposes or to the Law.
• The Users are responsible for making sure that the information they furnish for their registration as users on the WEB is complete, true and correct. They also agree not to place any false or fraudulent orders. If there is reason to believe that an order of this nature has been placed, Roberto Verino is duly authorized to cancel it and inform the authorities. The users will be responsible for any damages of any kind that may result from a failure to comply with the rules for the use of the WEB, its General Conditions and any other obligations demandable by Law.
• Only one customer account is permitted per titleholder or user. Multiple registrations are prohibited and will be eliminated by ROBERTO VERINO.
• ROBERTO VERINO does not assume responsibility for any errors or omissions, which this WEB might contain, nor for any damage either direct or indirect, which might be derived from its use. This website can allow the user to access the information of third parties or by means of links to access other websites managed by third parties, whose contents, information, errors or omissions are not in any way the responsibility of ROBERTO VERINO. The existence of these links does not imply either that ROBERTO VERINO recommends or approves of its contents in any way. Therefore, if the user chooses to surf these websites which have nothing to do with ROBERTO VERINO, it will be under their own and exclusive responsibility and with no liability for ROBERTO VERINO.
• All the industrial and intellectual propriety rights on this website and the contents and information found on the same, are legally reserved by its titleholders, and access to the afore-mentioned website or its use by the Users cannot be considered in any way as the granting of any right, authorization or license of any kind in regard to said rights, contents or information. The reproduction, transformation, distribution, public communication, offering, extraction, reutilization, re-sending or use of any kind, by any means or procedures, of any of said rights is expressly prohibited, unless express authorization is received in writing from the owner of the corresponding rights.
• All the contracts, which may be arranged by the users via the WEB, will be carried out with ROBERTO VERINO. Products will be purchased in accordance with the procedure established for this purpose on the website, under the section "Shopping Cart". English will be the language used in the purchasing process and the user will be asked to furnish the following information:
1. Click on the article you want and view the different photos of this item, as well as its name, description, price, a size chart, composition and instructions on care. You will also find other recommended articles to complete its look.
2. Select a size and add the article to the shopping cart.
3. To confirm your purchase, go to the shopping cart, review the information on your order and the shipping address.
4. From the shopping cart, you can delete the article you do not want, as long as the order has not been processed.
5. Select a form of payment, using a credit or debit card from the following companies: Visa, Mastercard, American Express or Diners Club and PayPal
6. Then you will receive an email confirming your order.
• When you select or click on the button "Pay" during the purchasing process, you are implicitly declaring the full acceptance without any reservation of all of the present General Conditions. The contract will be considered as formalized as soon as we at ROBERTO VERINO confirm your order. After confirming the authorization for payment in the manner chosen, you will receive an e-mail message acknowledging receipt of the order (Confirmation of the order). All orders are subject to our acceptance and you will be notified accordingly by e-mail, confirming that the product is being sent (Confirmation of shipment). The contract will only cover those products listed in the confirmation of shipping. We will not be obliged to furnish you with any product, which might have been included in the order until we confirm its shipping with you, via the confirmation of shipment.
• The orders placed by the user with ROBERTO VERINO.COM will be charged according to the prices listed on the website at the time the corresponding order is placed, unless there is an error. In any event, ROBERTO VERINO reserves the right to modify the prices of the products offered at any time, without detriment to those that are billed at the price in force when the order is recorded. These prices for the products include the VAT tax applicable at the time of the purchase, as well as any other taxes that might correspond.
• Nevertheless, this amount does not include the shipping costs for the products, which should be paid separately. Following charges apply:
SPANISH AND PORTUGUESE territories, for purchases above 60€ shipping is free. For smaller orders, customer will be charged 6€ for shipping (7.5€ for Balearic Islands).
• For all other countries, purchases above 90€ shipping is free. For smaller orders, customer will be charged 12€ for shipping.
• You can pay for the products purchased, using your credit or debit card issued by the following companies: Visa, Mastercard, American Express, and Diners Club. For payment with Visa and Mastercard, only CES transactions will be accepted (Secure Electronic Commerce). So, after verifying that the card does indeed adhere to the CES, the bank emitting the card will be contacted so that the buyer can authorize the sale. When the bank confirms the authenticity of the card, the cost of the purchase will be charged. If not, the order will be cancelled.
• You can also pay with PAY PAL.
• All transactions made via www.robertoverino.com will be covered by the usual guarantees for security, confidentiality and integrity. We implement the SSL ("Secure Sockets Layer") on all of our communications, which prevents the interception of information by third parties.
V. DELIVERY OF THE PRODUCT
• ROBERTO VERINO agrees to deliver the products ordered in perfect condition, to the address indicated by you in the purchasing process within the period of 3 to 4 working days (for Spanish and Portuguese Territory) and 5 to 7 working days (for all other Territories) with a maximum delivery date of 30 days, except in the event of force majeure. This address should be located within the Territory. It is the buyer's responsibility to facilitate the delivery of the merchandise during the working hours of the courier services, which affect the deliveries. ROBERTO VERINO reserves the right to cancel the order if the merchandise cannot be delivered due to the customer's fault, as he or she is not at the indicated address within the established time frame, and when this has occurred on two occasions. In such a situation, ROBERTO VERINO will reimburse the customer for the amount paid, after deducting the shipping costs, which will not be reimbursed.
• If the product or products sent are damaged o defective in any way when they are delivered or a product has been sent which was not ordered, the customer should inform the Customer Service Department.
• The users can access their complete and/or recently shipped orders, which are pending delivery, in the area protected by the password set up on ROBERTO VERINO.COM. In this section, you can also change, manage and guard your personal information and the offers for subscriptions to publications put out by ROBERTO VERINO.
• Exchanges and/or returns from your home must be done within 14 calendar days from the delivery date at the address.
• For any exchanges or returns from ROBERTO VERINO street stores, the deadline is 14 days as of the purchasing date.
• The garments have to be labelled and in perfect condition (not used, washed or altered, and they should still have their interior and exterior labels). You should also present the corresponding purchasing receipt.
• SPAIN: If an exchange or return is made at a ROBERTO VERINO street store, there is no charge. Returns can only be made in Roberto Verino street stores in Spain (except Outlet stores and El Corte Ingles).
• Outlet articles cannot be returned or changed at the street store. In the shop online only return is allowed.
• For returns and/or exchanges on home deliveries, the customer will be charged shipping costs: 6€ in Spain and Portugal and 12€ in all other territories.
Once we have verified the return and your bank has processed it (the estimated time will vary depending upon your bank), you will receive a confirmation e-mail stating that you will receive the corresponding amount in your account in a few day' time).
• To exchange an item from your home, you should request it via the web. After verifying all the data, we will send a courier to collect your package. The shipping company will contact you to arrange the details for the collection. If for any reason, the time of collection is not suitable for you, please contact our Customer Service Department.
• After receipt of the request for a return from the customer, ROBERTO VERINO will reimburse the amount of the price in accordance the same form of payment used by the customer for the purchase of the product or products, as soon as our warehouse confirms the safe arrival of the returned merchandise and has verified that it is in perfect condition. The sum will be reimbursed within a maximum period of 14 calendar days, as of the date of receipt of the request for a return. The actual time it takes to return the amount paid to the customer's account or card will depend on the company issuing said card. The customer will not be entitled to a reimbursement of the price of those products that are not found to be in the same condition as when they were initially delivered.
• It is also possible to exchange the size of home delivered merchandise. The process will be the same as for the return of the merchandise, but specifying the new size requested. The customer will have to assume the shipping cost:
- • 6€ for Spain and Portugal.
- • 7.5€ for the Balearic Islands.
- • 12€ for the rest of the countries.
This cost will be deducted from the total refund.
The product could be exchanged at a ROBERTO VERINO street shop (except in the Outlets and El Corte Inglés Corners). For exchanges of articles purchased through robertoverino.com which result in a financial difference on the customer's behalf, an exchange coupon will be issued that can be used in any Roberto Verino street store, (except in the Outlets and El Corte Inglés Corners)
• The guarantees and post-sales services will be ruled by what is put forth in the Royal Legislative Decree no. 1/2007, of 16 November, which approved the text on the General Law for the Consumer Defence.
VI. CIRCUMSTANCES BEYOND OUR CONTROL
• Roberto Verino is not responsible for any breach or delay in the compliance with the obligations assumed in the contracts due to circumstances beyond our reasonable control, that is, force majeure.
• Causes of force majeure will include any act, event, circumstance, lack of exercise, omission or accident which is beyond our reasonable control and among them are the following:
a) Strikes, lockouts or any other vindictive measures.
b) Civil unrest, uprisings, invasions, terrorist attacks, war, or threat of or preparation for war.
c) Fire, explosions, storms, floods, cave-ins, epidemics or any other natural disaster.
d) The impossibility of using trains, ships, planes or other vehicular transport or other forms of public or private transportation.
e) The impossibility of using public or private telecommunications systems.
f) Laws or regulations issued by any government or public authority, which may limit mobility, transportation or communication.
g) Strikes, breakdowns or transportation accidents on sea, river or land, or any other type of transportation.
• It will be understood that any obligations derived by Roberto Verino under a contract will be suspended during the period affected by a cause of force majeure and ROBERTO VERINO will have an extended period of time in which to comply with its obligations, which will be equivalent to the duration of the cause of the force majeure, or until we are able to find a solution which will allow us to fulfil our obligations by virtue of the contract, despite the concurrence of the cause of force majeure.
VII. CUSTOMER SERVICE AND CLAIMS
• Customer satisfaction is ROBERTO VERINO's main concern. Therefore, ROBERTO VERINO will handle any doubts or claims from its customers as soon as we are made aware of them and we undertake to respond to any problems as soon as possible.
• In this sense, in the event that you want to ask a question or file a complaint, you can contact ROBERTO VERINO's Customer Service Department via:
• Telephone number 900 878 272 from Spain and 0034 988 540 561 (rest of the countries).
IX. FINAL PROVISIONS
• In the event that any clause of the present General Conditions is declared null and void and the rest of the clauses continue to be in force, they will be interpreted bearing in mind the will of the parties and the purpose of said General Conditions.
• Failure on the part of ROBERTO VERINO to exercise any of its rights derived from the present General Conditions will never be interpreted as the renouncement of said rights, which can only be done in an express manner and in writing.
• The present General Conditions represent the sole and express will of ROBERTO VERINO and of its customers in regard to their purpose, and they invalidate and replace any other agreements or pacts which might exist between the parties, whether they be verbal or in writing. Any modifications of the present General Conditions should be made in writing and by mutual agreement between the parties.
• The Agreement is binding for both you as well as for us, as well as for our respective successors, cessionaries and successors in title. You cannot transmit, cede, encumber or in any other way transfer a Contract or any of the rights or obligations derived thereof on your behalf or for yourself, without having obtained our prior consent in writing. From our end, we can transmit, cede, encumber, subcontract or transfer in any way a Contract or any of the rights or obligations derived thereof on our behalf or for us, at any time during the term of the Contract. In order to avoid any confusion, these sales, encumbrances or other transfers will not affect the rights which you have as a consumer, as recognized by Law, nor will they cancel, reduce or limit in any way the guarantees, either express or tacit, which we may have granted you.
• The users should not make undue use of this web page by intentionally introducing a virus, trojans, worms, logic bombs or any other program or material which is technologically harmful or prejudicial. Nor should any unauthorized access be made to the web, the server of this web or any server, computer or database related to this web page. The customers also undertake not to attack the web page through an attack against the denial of the service or an attack against the distributed denial of service.
• Failure to comply with this clause could lead to the committing of infractions as specified in the applicable norms. Roberto Verino will report any breach in the regulations to the competent authorities and will cooperate fully with them to discover the identity of the hacker. Furthermore, in the event of a breach in the present clause, the infringer will immediately lose his or her authorization to use this web page.
• Roberto Verino will not be held responsible for any damages or losses resulting from an attack on the denial of its service, a virus or any other program or technologically harmful or prejudicial material that might affect your computer, computer equipment, data or materials as a result of the use of this web page, the downloading of its contents or the redirecting to other websites.
• The applicable regulations demand that part of the information or communications that we send you, be in writing. Through the use of this web page, you accept that the majority of the communications exchanged with ROBERTO VERINO will be by email. We will contact you by e-mail or we will furnish you with information by postings on our web page. For contractual purposes, you consent to use this electronic means of communication and recognize that every contract, notification, information and other communications, which we send you electronically, comply with the legal requisites as they are considered to be in writing. This condition does not affect your rights as recognized by Law.
X. APPLICABLE LEGISLATION
The present General Conditions are ruled by Spanish Law.
Version: September 26, 2016