General terms and conditions of contract

1.- IDENTIFICATION OF THE PARTIES.

On the one hand, “SOMBREROS MENGUAL, SL”, hereinafter SOMBREROS MENGUAL , and provided with CIF no. B03691680 with address at AVDA. LA PAU, 11, 03740 GATA DE GORGOS (ALICANTE) and telephone no. 965756007 and email gerencia@sombrerosmengual.es and Commercial Registry of the province of ALICANTE, Volume 1280, Folio 19, Section 8ª Sheet A-5482 I/A 1 other identifying data are contained in the Legal Notice and owner of the domain WWW.SOMBREROSMENGUAL.ES, hereinafter Web, online store that operates in Spain and on the other hand; the User Person who acquires the products offered through the Web.

2.- ACCEPTANCE AND MODIFICATION.

The User declares that they have the legal capacity to enter into a contract and accepts full and unreserved adherence to the General Terms and Conditions of Contract, hereinafter referred to as GTC, in the version published at the time of contracting. The sales made are distance sales governed by current Spanish legislation.

Although the website is accessible from anywhere in the world, the sale and distribution of products will be solely and exclusively for mainland Spain, the Balearic Islands, the Canary Islands, and Portugal. If you wish to make a purchase for delivery to other locations or abroad, please contact us through the contact form or by email at gerencia@sombrerosmengual.es. You can also contact us with any suggestions related to orders placed for delivery.

It is also noted that these General Terms and Conditions may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as the terms in effect at the time of purchase will apply.

3.- OBLIGATIONS OF THE PARTIES.

3.1.- Obligations of MENGUAL HATS

Provide services in accordance with the General Conditions of Service and without breaching contractual good faith.
Inform the User prior to contracting and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the products requested, such as their price and the taxes that may apply.
Provide the user with a copy of the General Terms and Conditions. Additionally, for products that require it, the applicable Special Conditions will be made available to the user prior to purchase.
Send the user the proof of payment or invoice for the purchased products, which will be sent within a maximum of 30 days from the delivery date.
Comply with the provisions of the regulations on the rights of consumers and users.

3.2.- Obligations of the User:

To fully comply with the provisions of the General Terms and Conditions.
Complete the registration forms prior to initiating the contracting process with truthful and up-to-date information in order to access any of the products offered on the Website. Furthermore, the user guarantees and will be responsible for keeping this information fully updated for the duration of their user status on the Website.
Complete the product access forms with truthful and up-to-date information, as this data is necessary for issuing, where applicable, the invoice for SOMBREROS MENGUAL , and for collecting payment for the contracted products.
Provide the bank details requested by SOMBREROS MENGUAL correctly, and pay the price of the products purchased in accordance with the chosen payment method and the current rates published by SOMBREROS MENGUAL on the website at the time of purchase.
Maintain the confidentiality of the information provided and immediately notify any loss, misplacement, theft, robbery, unauthorized access, as well as its knowledge by third parties.

4.- PRODUCT AVAILABILITY.

All products offered by SOMBREROS MENGUAL are subject to availability. In the event that we are unable to supply a product, either due to a sudden lack of stock or a delay in updating a requested product, SOMBREROS MENGUAL will contact the User to inform them of this as soon as possible. In such a case, the User will be informed and may purchase alternative products, or will be offered an alternative delivery date for the product initially requested.

If that timeframe is not to your liking, or if it is not possible to supply the requested product, the User may cancel the Product order at no cost, proceeding to the immediate refund of the amount paid and thereby ending any type of responsibility of SOMBREROS MENGUAL towards the User .

There are a number of products indicated in their technical data sheet that are custom-made to the User 's specifications. They are made to order. In case of a lack of materials for their manufacture, the User will also be informed, and will be provided with alternative materials or the cancellation of the order at no cost, at the User 's discretion.

5.- PRICES.

Prices shown are in euros and include VAT and equivalent taxes. Shipping costs are additional unless expressly stated otherwise. The user will be able to see the total amount payable before finalizing the purchase.

SOMBREROS MENGUAL reserves the right to modify its prices at any time; however, the prices of the products that will be applied will be those published at the time of formalizing the purchase, unless there is a clear typographical or computer error on our part.

6.- PAYMENT METHODS.

Credit card . If you choose this payment method, you will be redirected to the secure Redsys payment platform where you will need to enter your card details. Once the payment is processed, you will be automatically returned to the store.
PayPal . If you choose this payment method, you will be redirected to the PayPal page, where you will need to register to complete the payment. Once finished, you will be automatically returned to the store.
Bank transfer . If you choose this payment method, you will receive an email with the details to make the transfer. Your order will not be considered complete until the transfer is received.
Bizum . If you choose this payment method, you will be redirected to Bizum's secure payment platform where you will need to enter your phone number and follow the instructions to complete the payment.
Pay in installments with seQura . Choose to pay at your own pace in installments that suit you best for a small, fixed monthly payment. Clear and transparent costs. Just 5 pieces of information and instant approval. Sounds good, right? Shop with seQura in a snap. No paperwork and no uploading any documents. Easy, fast, and secure. Choose seQura as your payment method and select the number of installments at checkout. Fill in 5 pieces of information and we'll instantly confirm your purchase. Today you only pay the first installment. Enjoy your purchase and pay comfortably. Your payments will be made automatically every month. If you have any questions, find the answers here .

The User will be responsible for the cards used for the transaction. SOMBREROS MENGUAL guarantees security thanks to the SSL security certificate, an information encryption system that ensures the security of bank details; no one can share, decrypt, read, or copy the transmitted information.

7.- TRANSFER OF RISK AND OWNERSHIP.

The User acquires ownership of the products upon full payment of all amounts, including shipping costs.

The risk of loss or damage will pass to the User when the User, or a third party designated by the User (other than the carrier), has acquired physical possession of the goods. If the User arranges for transport or the chosen carrier is not among those proposed by SOMBREROS MENGUAL , the risk will pass to the User upon delivery of the goods to the carrier.

Therefore, it is recommended that you inspect the merchandise and verify its quantity and condition before signing the delivery note. If you have any doubts about the condition of the merchandise, please note this on the delivery note and contact SOMBREROS MENGUAL within 48 hours.

8.- SHIPPING POLICY.

PURCHASES MADE BY CONSUMERS OR USERS

Orders over 40 euros destined for the Peninsula will be FREE.

Orders under 40 euros destined for the Peninsula will have a minimum cost of 4.99 euros.
Orders destined for Portugal will always have a cost of 4.99 euros.
Orders destined for the Balearic Islands will always cost 7.00 euros.
Orders destined for the Canary Islands will always have a cost of 50.00 euros.

Shipments are made via MRW or similar logistics companies. Delivery within mainland Spain, from the moment the order is placed, takes 1 to 3 business days, excluding local holidays. Custom-made products may require a longer delivery time.

PURCHASES MADE BY PROFESSIONALS:

Purchases made by professionals must be at least €100. Shipping costs within the Iberian Peninsula are included for orders over €400. Shipping costs are as follows:

Orders from €100 to €149: €9.00 shipping costs.
Orders from €150 to €199: €12.00 shipping costs.
Orders from €200 to €249: €15.00 shipping costs.
Orders from €250 to €299: €18.00 shipping costs.
Orders from €300 to €349: €21.00 shipping costs.
Orders from €350 to €399: €24.00 shipping costs.
Orders over €400: free shipping.

Orders for the Balearic Islands, Canary Islands, Ceuta, Melilla, and other destinations should be placed via email at info@sombrerosmengual.es . Shipments to businesses will be made via MRW or a similar service. The usual delivery time is 1 to 3 business days within mainland Spain for imported products. For custom-made products, the delivery time may be extended up to a maximum of 15 days due to the production process.

In any case, SOMBREROS MENGUAL will deliver the products to the User within a maximum of 30 calendar days from the date of the contract. Once the purchase is made, the User will receive a purchase confirmation email and a delivery confirmation email once the order has been handed over to the carrier. Shipping costs, which include handling and packaging, as well as transport costs (if these are not already included in the price), will be displayed before placing the order.

SOMBREROS MENGUAL will not be responsible for any damage the package may suffer after it has been shipped, but will strive to protect all fragile items with the best materials and best packaging practices to avoid such incidents as much as possible.

SOMBREROS MENGUAL will handle the claim against the logistics company for any damage caused during transport. It is important that upon receiving the products, you note any anomalies you notice on the carrier's delivery note, both in the packaging and the contents of the products. By noting these defects on the delivery note, the claim will be more effective.

9.- PROCEDURE, RIGHTS OF CANCELLATION AND WITHDRAWAL, AND LEGAL GUARANTEE.

9.1.- Procedure.

To exercise the rights of cancellation, withdrawal and use of the guarantee, the User must contact SOMBREROS MENGUAL through 965756007 or gerencia@sombrerosmengual.es .

9.2.- Right of Cancellation.

The User may cancel their order at no cost provided that they communicate before the order has been made available to the carrier.

9.3.- Right of Cancellation.

The User has a period of 14 calendar days without needing to provide a reason and without penalty. The withdrawal period will expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, acquired physical possession of the goods.

The right of withdrawal will apply provided that the purchased products are returned in the same condition (along with their complete original packaging, labels, and any related accessories), and accompanied by the purchase invoice. In any case, SOMBREROS MENGUAL will determine whether these requirements are met.

To exercise your right of withdrawal, you must notify SOMBREROS MENGUAL, SL of your decision to withdraw by means of an unequivocal statement, sent to the email address gerencia@sombrerosmengual.es . You may use the model withdrawal form below, although its use is not mandatory.

MODEL WITHDRAWAL FORM To the attention of “SOMBREROS MENGUAL, SL”, with registered office at AVDA. LA PAU, 11, 03740 GATA DE GORGOS (ALICANTE), telephone number 965756007, email gerencia@sombrerosmengual.es, Commercial Registry of the province of ALICANTE, Volume 1280, Folio 19, Section 8, Page A-5482 I/A 1. I hereby inform you that I withdraw from my sales contract for the following item(s):_________________________________________________________________ of order number: ______________________________________ placed by the user: _____________________________________________, sent to the address: __________________________________________________________
User's signature
Shipping date.

If the right of withdrawal is granted to the User, the User will assume the cost of shipping the return of the products; in any case, if it is not granted, the products will be sent with shipping charges due.

Consequences of withdrawal:

In the event of withdrawal on your part, we will refund all payments received from the user, except for delivery costs when that delivery method was chosen by the user , without undue delay and, in any case, no later than 14 calendar days from the date of receipt of the products.

We will process your refund using the same payment method you used for the initial transaction, unless you have expressly requested otherwise; in any case, you will not incur any expenses as a result of the refund. The refund will be withheld until we have received the goods or until you have provided proof of return.

The user must return or deliver the goods to SOMBREROS MENGUAL, SL, located at AVDA. LA PAU, 11, 03740 GATA DE GORGOS (ALICANTE), without undue delay and, in any event, no later than 14 calendar days from the date of notification of the decision to withdraw. The deadline will be considered met if the goods are returned before the end of this period. If the products have not been received within 14 days of notification of the right of withdrawal, it will be understood that the right of withdrawal has been waived.

The User shall bear the direct cost of returning the goods.

The right of withdrawal will not apply to the following products:

When dealing with products made to order or personalized, this will be understood to mean products whose technical specifications state that they are manufactured in-house within the country after the order is placed by the user .
When dealing with products expressly requested by the user, outside of our catalog.
When the sales department of SOMBREROS MENGUAL advises otherwise because it is a special product or one ordered by the user, being of very occasional use.
When dealing with extraordinarily high amounts.

9.4.- Legal Guarantee.

All products sold from January 1, 2022 onwards are covered by a three-year legal guarantee against lack of conformity, pursuant to the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users.

The User has a warranty period of three years from the delivery of the product.

The following are not included in this warranty:

Defects caused by normal wear and tear (loss of shape from prolonged use, color fading from sun exposure, or wear of the lining or tapes).
Improper use or handling (deformation due to improper storage, damage from contact with water, chemicals or excessive heat, unauthorized modification or repair).
Lack of maintenance or inadequate cleaning (stains from liquids or sweat, shrinkage or deformation from improper washing).
Accidents or external causes (breakages, burns, cuts or pet bites).
Aesthetic aspects not considered factory defects (slight variation in color, stitching or texture, minimal difference with the photo).

Unless proven otherwise, it will be presumed that any lack of conformity that appears within six months of delivery of the product already existed when the item was delivered.

The legal guarantee includes the following rights for the User:

If the product does not conform to the contract, the User may choose between demanding repair or replacement of the product . Unless one of these two options is objectively impossible or disproportionate to the detriment of SOMBREROS MENGUAL . All expenses for the exercise of this right will be free of charge for the User .
The User may choose between a price reduction or contract termination when they are unable to demand repair or replacement, or when such repair or replacement has not been carried out within a reasonable time or without significant inconvenience to the User. Termination will not be permitted when the lack of conformity is minor.

The images associated with the products offered are for illustrative purposes only and may not be a true reflection of the product, since manufacturers and distributors continually update them.

10.- NOTIFICATIONS.

SOMBREROS MENGUAL designates the address stipulated in the Legal Notice as its address for notification purposes. The email address provided by the User during the registration process will be used by SOMBREROS MENGUAL for all notifications. All notifications made in accordance with the indicated procedure will be considered validly served.

11.- ONLINE DISPUTE RESOLUTION.

Pursuant to Article 14.1 of Regulation 524/2013 on online dispute resolution for consumer disputes, in the event of any dispute or conflict arising in relation to the interpretation, validity, or performance of these General Terms and Conditions, the parties undertake to attempt to resolve it amicably through direct communication and mutual assistance. Since the European Online Dispute Resolution (ODR) platform is no longer operational, alternative systems may be used. You can consult the consumer dispute resolution bodies at the following link: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=es

12.- DATA PROTECTION.

The personal data provided by the contracting party to SOMBREROS MENGUAL will be included in the personal data database created and maintained under the responsibility and compliance with the provisions of the General Data Protection Regulation and the Organic Law on the Protection of Personal Data and Guarantee of Digital Rights, for the purpose of managing the contractual relationship derived from the purchase and sale, including the management of orders, shipments, invoicing and customer service; the processing of data is carried out based on the execution of the purchase and sale contract.

The User may at any time exercise the rights of access, rectification, limitation, deletion, revocation of consent and portability of their personal data by communicating it to gerencia@sombrerosmengual.es .

Both parties agree to maintain the confidentiality of all information obtained within the framework of this contract, including personal data, commercial, technical or any other type of information, and may not disclose it without the express authorization of the other party, except where legally required.

SOMBREROS MENGUAL may transfer personal data to third parties only to the extent necessary to fulfill obligations arising from the contract or by virtue of regulatory compliance, guaranteeing in all cases that these third companies comply with current data protection and confidentiality regulations.

13.- NULLITY.

If any of these General Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.

14.- LANGUAGE.

The language in which the contract is formalized is Spanish.

15.- COMPETENT JURISDICTION.

In the event of a dispute between the parties, territorial jurisdiction will lie, at the User's option, with the domicile of the User or the domicile of the defendant. If the contracting party is a professional, territorial jurisdiction will lie with the Courts of Gata de Gorgos and their higher courts.