GENERAL TERMS AND CONDITIONS OF CONTRACTING
Introduction
This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website www.anabubrand.com, owned by ANABU FASHION S.L.U under the trade name of ANABU FASHION, hereinafter, PROVIDER, whose contact details are also found in the Legal Notice of this Website.
These Conditions will remain published on the website available to the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by ANABU FASHION S.L.U. It is the USER's responsibility to read them periodically, as those that are in effect at the time of placing orders will be applicable. ANABU FASHION S.L.U will file the electronic document formalizing the purchase and will make it available to the USER if requested.
Contracts will not be subject to any formality except those expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
• Has read, understands, and comprehends what is stated here.
• Is a person with sufficient capacity to contract.
• Assumes all the obligations set forth herein.
These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the trade is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On one hand, the PROVIDER of the products contracted by the USER is ANABU FASHION S.L.U, with registered address at AVDA RICARDO SORIANO, 65, FLOOR 5, DOOR 3, 29601 MARBELLA, NIF B56194327 and customer service phone number 638319715.
And on the other hand, the USER, registered on the website through a username and password, over which they have full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
This contract aims to regulate the contractual purchase-sale relationship born between the PROVIDER and the USER at the time the latter accepts, during the online contracting process, the corresponding checkbox.
The contractual purchase-sale relationship entails the delivery, in exchange for a determined and publicly exposed price through the website, of a specific product.
Correction of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify it to the email info@anabubrand.com so that ANABU FASHION S.L.U can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Contracting procedure
The USER, to access the products offered by the PROVIDER, must be of legal age and register through the website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of natural persons concerning the processing of personal data and the free movement of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data as detailed in the Legal Notice and the Privacy Policy of this website.
The USER will select a username and password, committing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the PROVIDER can proceed to their immediate blocking.
Once the user account has been created, it is reported that in compliance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
6. Competence.
7. General information about the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment methods, charges, and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not send any orders until verifying that payment has been made.
Merchandise shipments will usually be made via EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, DHL, etc.), according to the destination freely designated by the USER.
The shipment will be made once the availability of the merchandise has been confirmed and the order payment has been verified.
The delivery period will be between 2 and 6 business days, depending on the destination town. The expected shipping and delivery date will be provided prior to order confirmation.
Shipments will be free if purchases exceed €200.00.
Failure to execute the distance contract
If the contract cannot be executed because the contracted product or service is not available within the expected period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, without any liability for damages attributable to the PROVIDER.
In case of unjustified delay by the PROVIDER regarding the total refund amount, the USER may claim to be paid double the amount due, without prejudice to their right to be compensated for damages suffered exceeding that amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate, or incomplete data provided by the USER.
The delivery will be considered made when the carrier has made the products available to the USER, and the USER, or their delegate, has signed the delivery receipt document.
The PROVIDER will be liable to the USER for any lack of conformity that exists at the time of delivery of the order, allowing the USER, through a simple declaration, to demand the correction of such lack of conformity, the reduction of the price, or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER will have the right to suspend the payment of any part of the purchase price of the acquired product until the PROVIDER fulfills the obligations established in this contract.
It is the USER's responsibility to verify the products upon receipt and to state any reservations and justified claims in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://www.anabubrand.com/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, from the date of receipt of the product or from the conclusion of the purchase contract if it is a service provision, to exercise the right of withdrawal, regulated in article 102 of the Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not fulfill the duty of information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are related here
All returns must be communicated to the PROVIDER, requesting a return number via email to info@anabubrand.com, indicating the corresponding invoice or order number.
If the return is not made with the original delivery packaging, the PROVIDER may charge the cost of €... to the USER after informing them in advance through the same communication channel used.
Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with transport costs at their expense, to the address of ANABU FASHION S.L.U, AVDA RICARDO SORIANO, 65, FLOOR 5, DOOR 3, 29601 MARBELLA
4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postal: ANABU FASHION S.L.U, AVDA RICARDO SORIANO, 65, FLOOR 5, DOOR 3, 29601 MARBELLA
Phone: 638319715; Email: info@anabubrand.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur liability for any failure due to force majeure. The obligation will be postponed until the cessation of the force majeure event.
6. COMPETENCE
The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.
If any stipulation of these conditions is considered null or unenforceable, the validity, legality, and compliance of the remainder will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, understood, and accepted these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be subject to these Conditions.
No modification, alteration, or agreement contrary to ANABU FASHION S.L.U's Commercial Proposal or to what is stipulated herein will have any effect unless expressly agreed upon in writing and signed by the PROVIDER, in which case these specific agreements will prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, or any other additional services and attachments to the acquired product.
The prices applicable to each product are those published on the website and are expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, the USER can check online all the details of the budget: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase. Prices can change daily until the order is placed.
Once the order is placed, prices will be maintained whether or not there is product availability.
All payments made to the PROVIDER entail the issuance of an invoice in the name of the registered USER or the company name provided at the time of placing the order. This invoice will be sent in paper format along with the acquired product. It can be downloaded in PDF format by accessing the web management panel with the user account. If the USER wishes to receive it via email, they must request it through any of the means that the PROVIDER makes available, informing that they can revoke this decision at any time.
For any information about the order, the USER can contact customer service at 638319715 or via email at info@anabubrand.com.
9. TRANSPORT COSTS
The prices published in the store do not include shipping or communication costs, nor installation or download costs, or complementary services, unless expressly stated otherwise in writing.
Shipping costs will be calculated at the time of saving the basket or budget, as they are calculated by the weight of the products and the delivery address.
Shipments will be free if purchases exceed €200.00.
10. PAYMENT METHODS, CHARGES, AND DISCOUNTS
The PROVIDER is responsible for economic transactions and provides the following methods for making the payment of an order:
• Credit card
• PayPal
The USER can use a discount coupon before finalizing the purchase if they have received one from the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all to prevent unauthorized access to the data. To achieve these purposes, the user/customer accepts that the provider obtains data for the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that could or has the potential to damage their goodwill or negatively influence them.
The sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder is prohibited under card brand programs.
11. PURCHASE PROCESS
Any product from our catalog can be added to the basket. In this, only the items, quantity, price, and total amount will be observed. Once the basket is saved, taxes, charges, and discounts will be calculated according to the payment and shipping data entered.
Baskets have no administrative link; they are only a section where a budget can be simulated without any commitment from both parties.
From the basket, an order can be placed by following these steps for correct formalization:
1. - Verification of billing data.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Placing the order (buy).
Once the order is processed, the system sends an email to the PROVIDER's management department and another to the USER's email confirming the order placement.
Orders (purchase requests)
Prior to order confirmation, information will be provided on the order status and the approximate shipping and/or delivery date.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are considered illegal, void, or for any reason unenforceable, that condition will be considered separable and will not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice, or policies that apply.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not harm or affect the exercise of any other right, power, or remedy available to the PROVIDER.
13. WARRANTIES AND RETURNS
Warranties will comply with the regulations set out in the Title referred to "Warranties and After-Sales Services" of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here.
The user is informed:
• NO exchanges are accepted.
For size changes, the product must be returned, followed by a new purchase with the correct size.
• The return process is done via email with the company at the following email address: info@anabubrand.com.
• Return shipping costs are borne by the customer, provided that the return does not correspond to a manufacturing defect, in which case it will be covered by the company.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish law in what is not expressly established. Any controversy that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation, or where the asset is located if it is immovable.