This document sets out the terms and conditions governing the use of this website and the purchase of products from this website (the “Terms and Conditions”).
Please read the Terms and Conditions carefully before using this website. By using this website or placing an order through this website, you agree to be bound by these Terms and Conditions and if you do not agree to all of the Terms and Conditions, you must not use this website.
These Terms and Conditions are subject to change. It is your responsibility to read them periodically, as the terms and conditions in force at the time you use the Website or enter into the Agreement (as defined below) will be the terms and conditions applicable to you.
Data and Visits to This Website
Any personal information or data that you provide to us about yourself will be treated in accordance with the Privacy Policy. By using this website you consent to the processing of such information and data and you represent that any information or data you provide to us is true and accurate.
Use of Our Website
By using this website and/or placing orders through this website you agree to:
- Use this website only to make legally valid inquiries or orders.
- Do not place any false or fraudulent orders. If we reasonably believe that such an order has been placed we will be entitled to cancel it and inform the relevant authorities.
- Provide us with your true and accurate email address, postal address, and/or other contact details. You also agree that we may use this information to contact you if necessary.
If you do not provide us with all the information we require, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into a contract.
Service Availability
Items offered through this website are only available for shipment to territories for which shipping methods are available.
Conclusion of Contract
The information contained in these Terms and Conditions and the details contained on this website do not constitute an offer to sell, but an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been debited, you will be refunded in full.
To place an order, you must follow the online ordering procedure and click on “Finalise Order”. You will then receive an email acknowledging receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes an offer by you to us to purchase one or more products. All orders are subject to acceptance by us, of which you will be informed via an email from us confirming that the product is being shipped to you (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
Only those products listed in the Dispatch Confirmation will be the subject of the Contract. We shall not be obliged to supply you with any products that may have been ordered until we confirm the dispatch of the product to you in a Dispatch Confirmation.
Availability of Products
All product orders are subject to availability. In this regard, if there are difficulties in the supply of products or if items are out of stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.
Refusal to Process an Order
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content of this website. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent the Order Confirmation and we reserve the right to do so at any time, at our sole discretion.
We shall not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to process an order after we have sent you an Order Confirmation.
Delivery
Unless there are extraordinary circumstances, we will endeavor to dispatch the order consisting of the product(s) listed in each Dispatch Confirmation by the delivery date shown on the relevant Dispatch Confirmation or, if no delivery date is specified, within 15 days from the date of the Dispatch Confirmation.
However, delays may occur for any of the following reasons:
- Product customization
- Specialized items
- Unforeseen circumstances
- Delivery area
If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option to either proceed with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. Please note that we do not deliver on Saturdays or Sundays.
For the purposes of these Terms and Conditions, “delivery” shall be deemed to have occurred or the order shall be deemed to have been delivered at the time of signing for receipt of the order at the agreed delivery address or on the date the order is sent to the e-mail address indicated by you.
Impossibility of Delivery
If after two attempts we are unable to deliver your order, we will try to find a safe place to leave it. We will also leave you a note telling you where your order is and how to collect it. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
In any case, to collect your order, you will have a period of 30 days from the date on which, following the procedure set out in these Terms and Conditions, you are informed that your order is available. If after this period you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it terminated. As a consequence of the termination of the Contract, we will refund to you the price paid for such products as soon as possible and in any event not later than 30 days from the date on which we consider the Contract to be terminated in accordance with this Clause.
Transfer of Risk and Ownership of the Products
The risks of the products shall be borne by you from the time of delivery.
You will acquire ownership of the goods when we receive payment in full of all sums due in respect of the goods, including delivery charges, or at the time of delivery (as defined in the preceding clause), whichever is the later.
Price and Payment
The price of each product will be the price stated on our website at any given time, except in the case of obvious error. Whilst we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be deemed canceled and any monies paid will be refunded in full.
We will not be obliged to supply you with any goods at the incorrect lower price (even if we have sent you a Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price.
The prices on this website include VAT unless otherwise stated on the product page, but exclude delivery charges, which will be added to the total amount due when you select a delivery method.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Once you have made your purchases, all the items you wish to buy will have been added to your cart and the next step will be to process the order and make payment.
Value Added Tax
In accordance with the provisions of article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the delivery of the articles shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
Changes/Returns Policy Legal Right to Withdraw from the Purchase
In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract (except where the subject matter of the Contract is any of the products for which the right of withdrawal is excluded in the COMMON PROVISIONS Clause below) at any time within 7 working days from the date of delivery of your order.
In this case, you will be refunded the price paid for such products. You will be responsible for the direct costs of returning the product.
You may prove that you have exercised your right of withdrawal by any means permitted by law, and in any case, this right will be considered to have been validly exercised by sending the withdrawal document that we provide you with or by returning the products. This provision does not affect other consumer rights recognized by current legislation.
Common Provisions
Your right to withdraw from the Contract shall only apply to products that are returned in the same condition as you received them. Please return the item using or including its original packaging. You must also include all instructions, documents, and product packaging. In any case, you must hand in with the product to be returned the receipt that you will have received at the time of delivery of the product, duly completed. No refund will be made if the product has been used beyond the mere opening of the product or if it has suffered any damage, so you should be careful with the products while they are in your possession.
Please contact us to arrange a return or exchange and we will advise you of the procedure to follow.
Please note that if you choose to return the goods to us with carriage paid we will be entitled to charge you for any costs we may incur.
After examining the item we will let you know if you are entitled to a refund. The refund will be made as soon as possible and in any case within 30 days from the date on which you informed us of your intention to withdraw. The refund will always be made by the means of payment that we consider most appropriate in each case.
If you have any questions, you can contact us through our contact details on the Contact Us page.
Returns of Defective Products
In cases where you consider that at the time of delivery the product does not conform to the terms of the Contract, you should contact us immediately indicating the details of the product and the damage it suffers, and we will tell you how to proceed.
Once returned, we will carefully examine the returned product and will inform you by e-mail, within a reasonable period of time, if the product is to be returned or replaced (if applicable). The return or replacement of the item will be made as soon as possible and, in any case, within 30 days from the date on which we send you an e-mail confirming the return or replacement of the non-conforming item.
The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be refunded in full.
The rights recognized by the legislation in force remain unaffected.
Liability and Disclaimer of Liability
Except as otherwise expressly provided in these Terms and Conditions, our liability in respect of any product purchased from our website shall be strictly limited to the purchase price of such product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
- In the event of death or personal injury caused by our negligence.
- In the event of fraud or fraudulent misrepresentation
- In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability
Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Terms and Conditions, we will not accept any liability for the following losses, howsoever arising:
- Loss of revenue or sales
- Loss of business
- Loss of profits or loss of contracts
- Loss of anticipated savings
- Loss of data
- Loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
All product descriptions, information, and materials contained in this website are provided as a matter of fact and without express or implied warranties of any kind.
To the extent permitted by law, we exclude all warranties, except those that cannot be lawfully excluded to consumers and users.
The provisions of this clause shall not affect your statutory rights as a consumer and user, nor your right to withdraw from the Contract.
Intellectual Property
You acknowledge and agree that all copyright, trademark, and other intellectual property rights in any material or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.
Viruses, Piracy, and Other Computer Attacks
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs, or any other technologically harmful or deleterious programs or material onto this website. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted, or any server, computer, or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could lead to the commission of offenses punishable by the applicable regulations. We will report any such breach to the relevant authorities and will cooperate with them to discover the identity of the attacker. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.
Links From Our Website
Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no responsibility or liability for any loss or damage arising from your use of them.
Written Communications
Applicable law requires that some of the information or communications we send you must be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send to you electronically comply with any legal requirement that these be in writing. This condition will not affect your statutory rights.
Notices
Notices from you should preferably be sent to us at the postal address specified at the beginning of this document. Subject to the WRITTEN NOTICES clause above and unless otherwise stipulated, we may send notices to you either by e-mail or to the postal address provided by you when placing an order.
Notifications will be deemed to have been received and properly made at the time they are posted on our website, 24 hours after an e-mail is sent, or three days after the postmark date of any letter. In order to prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and duly delivered at the post office or in a letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
Assignment of Rights and Obligations
The Agreement is binding on both you and us and our respective successors, assigns, and successors in title.
You may not convey, assign, encumber or otherwise transfer a Contract or any of the rights or obligations under it to or for you without our prior written consent.
We may convey, assign, charge, encumber, sub-contract, or otherwise transfer a Contract or any of the rights or obligations under it to or for us at any time during the term of the Contract. For the avoidance of doubt, such assignments, assignments, encumbrances, or other transfers will not affect any statutory rights you may have as a consumer or void, reduce or otherwise limit any express or implied warranties we may have given to you.
Events Outside Our Control
We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract that is caused by events beyond our reasonable control (“Force Majeure Event”).
Force Majeure shall include any act, event, failure to exercise, omission, or accident beyond our reasonable control including but not limited to the following:
- Strikes, lock-outs, or other industrial action
- Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster
- Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure or accidents of maritime or inland waterway transport, postal or any other form of transport.
Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure Event continues and we shall have an extension of time to perform such obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable endeavors to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract despite the Force Majeure Event.
Waiver
Our failure to require your strict performance of any of your obligations under a Contract or these Terms and Conditions or our failure to exercise any rights or remedies to which we may be entitled under such Contract or these Terms and Conditions shall not constitute a waiver or limitation of any such rights or remedies or relieve you from any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under the Agreement or the Terms and Conditions.
No waiver by us of any of these Terms and Conditions or of any rights or remedies under the Agreement will be effective unless it is expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the Notice section above.
Partial Invalidity
If any of these Terms and Conditions or any provision of a Contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity.
Entire Agreement
These Terms and Conditions and any document expressly referred to in these Terms and Conditions constitute the entire agreement between you and us relating to the subject matter of the Contract and supersede any prior covenant, agreement or promise made between you and us orally or in writing.
You and we acknowledge that we have consented to the Contract without having relied on any representations or promises made by the other party or which could be inferred from any statements or writings in the negotiations between us prior to the Contract, except as expressly referred to in these Terms and Conditions.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with these Terms and Conditions.
Our Right to Modify These Terms and Conditions
We have the right to revise and modify these Terms and Conditions at any time.
You will be bound by the policies and Terms and Conditions in effect at the time you use this website or place each order unless we are required by law or governmental action to make retroactive changes to such policies, Terms and Conditions or Privacy Statement, in which case any such changes will also affect orders previously placed by you.
Applicable Law and Jurisdiction
The use of our website and contracts for the purchase of products through our website shall be governed by Spanish law.
Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
Comments and Suggestions
We welcome your comments and suggestions. Please send such comments and suggestions by email to tienda@dirtydogs.es or by post to Dirty Dogs, calle Dr Vicente Zaragoza, 9 bajo – Valencia 46020.