Terms of service

OPERATION OF OUR ONLINE STORE

The purpose of this document is to establish the Terms of Service of sale and returns of the online sales website www.barvintage.es and of all its domains and subdomains

-GENERAL INFORMATION

This website is operated by Fabiola Alegría Pesas Serra with NIF 46357522X and domiciled at Gran Vía de les Corts Catalanes 784, 6° 1a, 08013 in Barcelona. Throughout the site it will be referred to by the terms "we", "us", "our" and Barvintage and the buyer will be referred to as "buyer", "user" and "you".

Barvintage offers this website, including all the information, tools and services available to you on this site, the user is conditioned to the acceptance of all the terms, conditions, policies and notifications established here.

By visiting our site and / or purchasing something from us, you participate in our "Service" and agree to the following terms and conditions ("Terms of Service", "Terms"), including all additional terms and conditions and policies to which referenced herein and / or available via hyperlinks. These Terms of Service apply to all users of the site, including without limitation users who are browsers, providers, clients, merchants, and / or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you are accepting the Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use any of the services. If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the updated version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform, which allows us to sell our products and services to you.

 

IDENTITY OF THE PARTIES

The general conditions of sale described below (hereinafter general conditions of sale) exclusively govern the contractual relations between any user of the website www.barvintage.es (hereinafter referred to as "buyer" or you) and the seller who is Fabiola Alegría Pesas Serra, autonomous individual entrepreneur with NIF 46357522X and domiciled at Gran Vía de les Corts Catalanes 784 6° 1a, 08013 Barcelona (hereinafter called Barvintage)

 

ONLINE STORE TERMS

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit worms, viruses or any code of a destructive nature.

 

ORDERS

-It is an essential requirement to be of legal age to make a purchase at www.barvintage.es.

-It is an essential requirement that in your registration you provide us with at least one email address and at least one contact telephone number, be it landline or mobile.

-The means of contact that we will use to send you notifications about your order will be mainly email, although sometimes we can also use the telephone or the physical postal address that you will have previously provided us when completing your registration on our website in order to buy

-If we accept an order, you will receive in your email previously provided in your user account, our acceptance by issuing an Order Confirmation which will be effective from its shipment. If, on the other hand, we cannot accept your order, we will try to contact you by email.

-Barvintage reserves the right to cancel an order that we suspect may be illegal or for purposes other than personal use such as resale.

-When making a purchase, the buyer admits that he has studied the description and images of the article and that he accepts

its specific state with its peculiarities, defects and defects as well as the type of good it is (used or new)

SHIPMENTS

-In www.barvintage.es the shipping costs will always be paid by the buyer unless otherwise indicated.

-The shipping price will vary depending on the weight or weights of the items to be sent and the buyer's destination.

-Barvintage is not responsible for the fees that may be charged for the item (s) in the country of destination for customs duties and other fees or taxes.

-Once the payment is processed and before shipment, the handling time of the package by Barvintage can be two days. However, we reserve the right that this time could be extended, for example, on holidays or cases of force majeure and in that case we will notify the buyer by email.

-All our shipments have a tracking number to track the package. This information and others such as the name of the shipping company and the company's telephone number, if applicable, will be sent to the buyer via email once the shipment has been made.

-The shipments are delivered under signature at the recipient's address. If delivery cannot be made, the parcel company will leave a notice in the mailbox to pick it up at the indicated office or will agree on a new delivery with you.

-We do not agree to agree with the buyer cheaper shipments without tracking number or shipments from other companies.

-Barvintage reserves the right to change the companies and rates of the website if it deems it convenient and without prior notice. However, in the event that someone has a pending shipment, they will be notified by email and the option will be given to keep the agreed shipment or replace it with another of the same conditions and that in no case causes harm.

-Barvintage reserves the right to cancel a purchase and therefore a shipment to countries with policies for receiving problematic items, at war or where the entry of items sold on our website www.barvintage.es is prohibited

-In case of receiving the package with obvious damage, indicate, when signing the package receipt document, that there is damage to it, otherwise we will not be able to claim the transport company and the return, if applicable, will not be possible.

-The estimated time of our certified shipments are nationally (Spain) between 3 and 15 calendar days, unless it is a special shipment of less time, and internationally between a week and a month depending on the destination. However, sometimes it may take longer and Barvintage is not responsible for this delay or the damages it causes. Nor are we responsible for delays in cases in which the parcel companies and daily services do not function correctly, such as in the case of a state of alarm or pandemic.

FOR A GIFT

-We wrap for gift (prior notice) from €15. 

-If the amount is less than €15, a supplement of €2 will be charged. 

-The papers and materials used in the packaging will be chosen by Barvintagetoys as well as its style. 

-The package in its gift wrapping will in turn be protected by another outer box.

AVAILABILITY

-Due to the nature of our products, they are subject to their availability and, in this sense, if there are difficulties in their supply, or if there are no items in stock, we reserve the right to provide you with information about of substitute products of equal or higher quality and value that you can order. If you do not wish to order these substitute products, we will refund any amount of money that you may have paid.

DELIVERY

-Barvintage undertakes to deliver the products in the state indicated in the images and in their description to the delivery address that you indicate in the order form.

Orders will not be delivered to PO boxes.

-Barvintage will make available to the customer all the data of your shipment (agency, tracking number or telephone number of the courier company) so that you can contact them and know at all times where your shipment is.

-Barvintage will not make other shipments outside of the options offered on its website nor will it agree to shipments that do not carry a tracking number.

The delivery of your purchase will be made at the address assigned by you. In the absence of the recipient, at the time of delivery the courier company will leave you a receipt indicating how to proceed or will contact you to arrange a new delivery.

-Barvintage reserves the right to vary the type of shipment and the company by which it is made regardless of what is stated in these pages as long as it does not entail a manifest damage to the customer. In general, when the weight or dimensions of the order exceed the maximums established by the usual carrier, we will contact you to inform you of the carrier to use and the specific deadlines in that case.

-The postage derived from the shipments of the purchased items will depend on the chosen method and the place of destination, will be reflected at the final moment of the purchase and will be paid by the buyer. These conditions may be modified.

-For the purposes of these conditions, it will be understood that delivery has occurred or that the product / s have been delivered at the time of signing the receipt of the same at the agreed delivery address.

-Delivery times will depend on the type of shipment selected and will always have a preparation time of two business days.

-If for any reason we are unable to meet the estimated delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a delivery date or cancel the order with a full refund of the price paid.

-As a general rule, deliveries are not made on Saturday or Sunday.

-We will not be responsible to you or to any third party for the fact of removing any product from our website www.barvintage.es, regardless of whether said product has been sold or not for refusing to process an order once you we have sent the order confirmation.

PRICES

-The prices on our website include VAT applicable on the day of the order, but exclude shipping costs that will be added to the total amount due as set out in the table below.

-The price of the products will be the one that appears on the website and is expressed with taxes included, just as these taxes are set on the date of acceptance of the offer.

-The price must be paid in full when making the purchase.

-Barvintage reserves the right to modify at any time the sale prices that appear in www.barvintage.es but the articles will be invoiced based on the rates in force at the time the order is registered subject to availability in that date.

PAYMENT

The payment of the orders can be made using the following methods:

-Payment by credit or debit card. (We reserve the right to NOT accept payments with certain credit cards)

-Payment with paypal.

Barvintage reserves the right to change the payment methods, being able to create new ones or eliminate any of the existing ones, without the buyer of www.barvintage.es being able to make claims for this reason. However, if the change affects an order already placed, from www.barvintage.es we will contact the client to inform him of said change, offering him the option to cancel the order if he deems it appropriate.

OUR RETURN POLICY

In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you should contact us immediately through our email info@barvintage.es providing the product data As well as the damage suffered, in some cases we will ask you to send us a photo or video of the damage.

Our policy grants a period of 14 calendar days for the withdrawal from the receipt of the article to make a return. After this period, no refund or exchange will be offered.

In case of change of opinion or any other unjustified reason, the buyer (you) will pay the shipping with tracking number and in case of a value greater than € 75 this shipment will have to have insurance. In that case, you will be responsible for paying the shipping costs for the return of the item and these shipping costs won't be refundable. If you receive a refund, the return shipping cost will be deducted from your refund.

We do not guarantee that we will refund your return.

For an item to be eligible for a return, paying us the shipping amount, it will have to be shown with images that it arrived damaged or with substantial differences with respect to the images and the description. (See warranty policy)

Please note that many of the items sold on www.barvintagetoys.com are used goods and do not have a factory warranty. In any case, whether it is a new or a used product, it will be indicated in the description of the item, so that the buyer will have a detailed description of the vices and defects of the product before completing the purchase.

For an item to be eligible for a return it must be in the same condition that you received it:

-If the item is NRFB (Never removed from box), that is, never taken out of its box or packaging, it must be returned with its box closed and sealed, the pvc window, if it has it, in the same conditions in which it was sent and It must not present any type of manipulation.

-If the item is not NRFB, that is, never taken out of its box, it must be returned in the same state in which it was sent and must not present any type of alteration or manipulation, changed parts or lack of accessories or elements or any type of damage that was not there when it was shipped.

-Depending on the destination of the shipment, the time it takes to receive the returned product may vary.

-Barvintage is not responsible for the fees that may be charged for the item in the country of destination for customs duties and other fees or taxes.

-In case of receiving the package with obvious damage, indicate, when signing the document of receipt of the package, that there is damage on it, otherwise we will not be able to claim the transport company and the return will not be possible.

-If the package is returned to us as unclaimed, Barvintage will not be responsible for refund the amount of the shipment nor will it be responsible for the cost of a new shipment.

REFUNDS:

Once your return is received and inspected we will send you an email to notify you that we have received your return. We will also notify you of the approval or rejection of the refund. If you are approved then your refund will be processed and the money will be credited through your original payment method within a maximum of 14 calendar days from the receipt of the item by us.

We do not issue partial refunds, the only possibility we offer is a return according to the premises set out in the previous points.

Late or lost refunds:

If you have not received your refund yet, please check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next step, contact your bank. It often takes some time before your refund is posted.

If you have followed all these steps and have not received the refund yet please contact us at info@barvintage.es

Sale Items:

Only regular priced items will be refunded, unfortunately sale items cannot be refunded.

Exchanges:

Due to the nature of the products and the difficulty of finding them, no replacement will be possible in the event that an item is damaged or defective. In that case, a refund will be made once an item is returned.

Presents:

If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of the return.

A receipt or proof of purchase will be required to complete the return.

Please do not send your purchase back to the manufacturer.

Any return will be sent to the following address Gran Vía de les Corts Catalanes 784 6° 1a, 08013 in Barcelona, ​​Spain.

When returning an item, you must provide us with the following information by email:

1. Personal data

2. Your e-mail address

3. Order number
4. Reason for the return.
5. Date of receipt of the order
6. Date of receipt of the order
7. Return date.


The rights recognized by current legislation remain safe

 

RESPONSIBILITY AND EXONERATION OF LIABILITY

The photographs and reproduced texts that present the products offered are merely informative.

The responsibility of Barvintage in any product acquired in www.barvintage.es will be strictly limited, in any case, to the purchase price of said product and will not be compromised by simple errors or omissions that may have taken place, when all the necessary precautions in the presentation of the products.

Barvintage cannot be held liable for damages, whatever their nature, both material and non-material or bodily, that may result from improper operation or use of the products sold. The same applies to possible modifications made to products by suppliers.

Most of the products marketed at www.barvintage.es are used and or manufactured before 2000 and despite being toys or costume jewelry articles they are considered collectibles now. They are not toys or accessories suitable for children and they do not conform to the safety standards imposed on today's toys as the control criteria were very different in previous decades and therefore Barvintage is not responsible for damage. that these could cause in minors and neither is for damage caused by allergies or by an imprudence on buyer's part.

Barvintage cannot be held liable by a client or a third party for indirect damages, operating losses or loss of profit occurred by whatever means, even if said damage, loss or damage had been foreseeable by Barvintage or if its eventuality had been brought to its attention .

Subject to the provisions of the preceding paragraphs, the liability of Barvintage under these general conditions may not exceed an amount equal to the sums paid after the transaction that is at the origin of said liability, whatever the cause. or the form of action in question.

Barvintage cannot be held responsible for the breach of the contract signed in the event of depletion of stocks or unavailability of the product, due to force majeure, interruption of activity or total or partial strike, especially of postal services and means of transport. or communications, floods or fire.

The provisions of this clause will not affect your rights recognized by law as a consumer, nor your right to withdraw from the contract.

In case of dispute, the buyer may contact Barvintage to reach an amicable resolution.

These general conditions are ruled by the Spanish Law. The parties submit to their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of Barcelona.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason and at any time.

You understand that your content (not including your credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to adjust or adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, usp of the Service, or access to the Service or any contact on the website through which the service is provided, without express permission in writing from us.

The titles used in this agreement are included for convenience only and do not limit or affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF THE INFORMATION

We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without first consulting more accurate, complete, or timely information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your own reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of the content) at any time without prior notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

Certain products or services may be exclusively available online through the website. These products or services may have limited quantities and be subject to return or exchange according to our return policy only.

We have made every effort to display the colors and images of our products, in the store, with the highest possible color accuracy. We cannot guarantee that your computer monitor will display colors accurately.

We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services that we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.

We do not guarantee that the quality of the products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address.

In the event that we make a change or cancel an order, we may attempt to notify you by contacting us via email and / or billing address / phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate information on the purchase and account used for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

For more details, please review our Refund and Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to these types of tools "as is" and "as available" without warranties, representations or conditions of any kind and without any endorsement. We will not have any responsibility derived from or related to your use of tools provided by third parties.

Any use that you make of the optional tools offered through the site is at your own risk and discretion and you should ensure that you are familiar with and approve of the terms under which these tools are provided by the third-party provider (s).

It is also possible that, in the future, we will offer you new services and / or features through the website (including the release of new tools and resources). These new features and / or services will also be subject to these Terms of Service.

THIRD PARTY LINKS

Certain content, products and services available via our Service may include material from third parties.

Third party links on this site may direct you to third party web sites that are not affiliated with us. We are not responsible for examining or evaluating content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any third party materials, products or services.

We are not responsible for any damage or damage related to the acquisition or use of goods, services, resources, content, or any other transaction made in connection with third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, participation in contests) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, either online, by email, by mail postal, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or use by any means comments you have submitted to us. We have and will not have any obligation (1) to keep any comments confidential; (2) to pay compensation for comments; or (3) to respond to comments.

We can, but have no obligation, to monitor, edit or remove content that we consider to be illegitimate, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable or violates the intellectual property of either party or the Terms of Service.

You agree that your comments will not violate the rights of third parties, including copyright, trademark, privacy, personality or other personal or property rights. Furthermore, you agree that your comments do not contain defamatory or illegal, abusive or obscene material, or contain computer viruses or other malware that could, in any way, affect the operation of the Service or any related website. You may not use a false email address, use another identity that is not legitimate, or mislead third parties or us as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We are not responsible and do not assume any obligation with respect to the comments posted by you or any third party.

PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, promotions, offers, product shipping costs, transit time and the availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order) .

We do not undertake any obligation to update, correct, or clarify information in the Service or on any related website, including, without limitation, pricing information, except where required by law. No updated specification or update date applied to the Service or to any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as established in the Terms of Service, the use of the site or its content is prohibited: (a) for any illegal purpose; (b) to ask others to carry out or participate in illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe or violate the intellectual property right of us or of third parties; (e) to harass, abuse, insult, damage, defame, slander, discredit, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used in any way that may compromise the functionality or operation of the Service or any related website, other sites or the Internet; (h) to collect or track personal information of others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security elements of the Service or any related website other sites or the Internet. We reserve the right to suspend use of the Service or any related website for violating any of the prohibited uses items.

EXCLUSION OF GUARANTEES; LIMITATION OF LIABILITY

We do not guarantee or warrant that the use of our service will be uninterrupted, punctual, secure or error-free.

We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove service for indefinite periods of time or terminate service at any time without prior notice.

You expressly agree that your use of, or the ability to use, the service is at your own risk. The service and all products and services provided through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event will Barvintage, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damage, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of income, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or of otherwise, as a result of the use of any of the services or products acquired through the service, or for any other claim related in any way to the use of the service or any product, including but not limited to any errors or omissions in any content , or any loss or damage of any kind incurred as a result of using the service or any content (or product) published, transmitted, or made available through the service, even if it is advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

COMPENSATION

You agree to indemnify, defend and hold harmless www.barvintage.es and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, concessionaires, service providers, subcontractors, suppliers, interns and employees, from any claim or demand , including reasonable attorneys' fees, made by any third party because of or as a result of your breach of the Terms of Service or the documents that they incorporate by reference, or the violation of any law or the rights of or third party.

DIVISIBILITY

In the event that it is determined that any provision of these Terms of Service is illegal, null or unenforceable, said provision will be, however, effective to obtain the maximum extent allowed by applicable law, and the unenforceable part will be considered separate from these Terms of Service, such determination will not affect the validity of applicability of the other remaining provisions.

RESCISSION

The obligations and responsibilities of the parties that have incurred prior to the termination date will survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You can terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.

If, in our judgment, you fail, or it is suspected that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain responsible for all amounts owed until including the termination date; and / or consequently we may deny you access to our services (or any part of it).

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and the policies or operating rules posted by us on this site or with respect to the service constitute the entire agreement and understanding between you and us and govern the use of the Service and supersede any prior or contemporaneous agreements, communications and proposals. , whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting group.

LAW

These Terms of Service and any separate agreements in which we provide you services will be governed by and construed in accordance with the law.

CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to info@barvintage.es

Barvintage Gran Vía de les Corts Catalanes 784, 6° 1a, 08013 Barcelona