General Terms and Conditions
These general conditions apply to the online purchase and sale of products offered by Fernández and ROCHE through its website: https://www.fernandezyroche.com/es/ .
The purchase of any product through this page implies acceptance of the terms and conditions detailed in this section.
GENERAL INFORMATION ABOUT THE OWNER OF THE WEBSITE
The purchase and sale of products through this website is carried out under the name Fernández y ROCHE, managed by INDUSTRIAS SOMBRERERAS SA, a Spanish company with headquarters at Polígono Industrial Los Llanos, calle Castilla La Mancha 202, 41909, Salteras, Seville and CIF A41001017.
Phone: +34628585908
Contact: marketing@isesa.es
CUSTOMERS
The “Customer” is the person who purchases any of the products/services offered on the Website and described in this section. The Customer, by making the purchase, accepts all the terms and conditions included in this section, and declares to know and accept the information in the legal notice and the privacy policy.
The Client is identified through the data provided in the purchase form, and is responsible for the truthfulness, updating and accuracy of said data.
AVAILABILITY OF PRODUCTS AND SERVICES
On our website you can purchase hats made in our facilities, which are displayed in our online store. Fernández y ROCHE reserves the right to determine, at any time, the products available to users through the store. The characteristics of each product can be consulted in its corresponding data sheet.
All orders are subject to product availability. In the event of a supply problem or an out-of-stock condition of one or more items, the customer will be informed immediately. In such a situation, the amount corresponding to the unavailable products will be refunded using the same payment method used.
If one or more products are not available, but other items in the same order are, the customer will be notified by phone or email about the partial modification of the order. Partial unavailability does not automatically imply the cancellation of the entire order. If, as a result of this modification, the customer decides to return the products delivered, he must do so following the conditions specified in the returns section.
PURCHASE PROCESS
Our services are directed to adults.
To make purchases through our website, you can do so as a registered user. To register, you must complete the following form. This way, the system will remember you for your next purchases and speed up your purchasing process.
Placing an order in our online store is very simple, just follow these steps:
1. Search for the products that interest you on our website and access their product information.
2. Select size and color.
3. Click "Add to Cart".
4. Once all the products have been added, click the “Buy” button in the basket to complete your purchase and proceed to payment.
5. On the next screen you will have to log in as a registered user or register if you do not have an account yet.
6. Once you have filled out all the details correctly, selected the shipping and payment method, you must click on "Place order" to be redirected to the external secure payment platform.
7. If payment has been made correctly, we will show you a confirmation summary of your purchase and send you an email with a summary of your order. As a registered user, you will be able to access the description of all orders placed in the “Login” section.
PURCHASE CONDITIONS
Placing an order implies, in any case, acceptance of these purchase conditions. This formalization is considered complete once the user receives the confirmation email with the details of the purchase made.
PRICES
The applicable prices will be those appearing on the website on the date of the order. Products added to the basket by the user will always reflect the most up-to-date price shown on the product details page.
The prices indicated for each item include VAT (Value Added Tax) in Spain (except the Canary Islands, Ceuta and Melilla), Portugal and the rest of Europe (EU). Outside the European Union (EU) and the Canary Islands, Ceuta and Melilla, the prices shown do not include taxes, duties or customs fees. In this case, the customer will be responsible for assuming any local tax, import tax or customs tariff that may be applied by the legislation of their destination country.
For more information on taxes and tariffs in your country, we recommend checking with your local customs authorities before placing your order.
In the event that an error is identified in the price of a product purchased by a customer before it is shipped, even if the customer has received the purchase confirmation email, Fernández y ROCHE reserves the right to correct said error immediately. If the correct price is lower than the one initially indicated, the difference will be refunded to the customer. On the other hand, if the correct price is higher, the customer will be notified of this situation by email or telephone so that they can decide whether to cancel the order or pay the difference.
PAYMENT METHODS
The user can make the payment through any payment method available at the time of purchase (different credit cards, Paypal or bizum).
Fernández Y ROCHE does not have access to the user's credit or debit card data, as payment-related information is stored on the servers of the online payment service provider. Transactions are managed through the payment gateway, redirecting these operations to the servers of the corresponding providers. Fernández Y ROCHE only receives confirmation of whether the payment has been made correctly or whether it has been cancelled/rejected.
SHIPPING COSTS
Shipping costs at Fernández and ROCHE are free in Spain (including the Canary Islands, Ceuta and Melilla) and Europe. On the other hand, shipments to the rest of the world cost €5.
For both domestic and international shipments, any expenses related to customs and/or import, if applicable, will be assumed by the customer.
DELIVERY METHODS
Orders within the peninsula will be delivered within approximately 2 to 3 working days (Monday to Friday) from the confirmation of the order. For orders destined for the Canary Islands, Ceuta and Melilla, the estimated delivery time will be 5 to 10 working days (Monday to Friday).
For international orders, delivery times are 7 to 10 working days for Europe and 15 to 25 working days for the rest of the world. No deliveries are made on Saturdays, Sundays or public holidays.
Delivery times are counted from the next business day after purchase. These times are estimated, so it is possible that, for logistical reasons, force majeure, sales periods, promotions, there may be some delay in deliveries. Fernández y ROCHE will inform its customers as soon as it becomes aware of this situation.
WITHDRAWAL
Customers are advised to verify the accuracy of their order before finalizing the purchase. Customers may cancel the purchase, i.e. return the order, within 14 calendar days of receipt, and will be reimbursed for the full amount, including shipping costs.
The customer will be responsible for the costs of returning the purchased product.
To exercise the right of withdrawal, the customer must clearly communicate this to Fernández and ROCHE through the return form in their user account.
The customer must return or deliver the product(s) to the address indicated within 14 calendar days following the date on which he/she communicated his/her decision to withdraw.
The refund will be made within 7 calendar days after notification of withdrawal, using the same payment method used for the purchase. Fernández and ROCHE may retain the refund until receiving the returned products.
RETURNS
If the customer is not satisfied with our product, they can return it within 15 calendar days of receiving it or exchange the same item. The product must not have been used and must be in its original box in perfect condition.
To request a return or exchange, you must follow these steps:
-Access your account and go to the 'My orders' section.
-Search your order history for the item you want to exchange or return.
-Select 'Refund Request' and click on the products you want to return or exchange.
* If you want to change the size, you will have to tell us what size we should send and we will notify you with the availability once it is in our warehouses.
-Finally, click on 'Request a refund'.
In Spain (including the Canary Islands, Ceuta and Melilla) and Portugal, the first size change or return is free. Once we receive the return notification (through the process mentioned above), we will take care of managing it. The transport company will contact the customer to arrange the collection.
If a second return or exchange is made for the same order, the customer must send the package by their own means with the agency of their choice to the address provided and previously indicate their new request by email to marketing@isesa.es.
Fernandez and ROCHE central management:
Fernandez and Roche online
C/Castilla la Mancha, 202
Los Llanos Industrial Estate
41909, Salteras, Seville
For the EU (except for the countries mentioned above) and the rest of the world, the cost of the exchange and return will be borne by the customer. The package will have to be sent by their own means with the agency of your choice to the address provided within a maximum of 10-15 days from the return request.
Fernández y ROCHE is not responsible for any damage, loss or incident that may occur during the transport of the return. The customer is responsible for ensuring that the product to be returned arrives at the address indicated in the expected conditions to proceed with the exchange or return. The merchandise will not be collected at branches of transport companies.
Fernandez and ROCHE central management:
Fernandez and Roche online
C/Castilla la Mancha, 202
Los Llanos Industrial Estate
41909, Salteras, Seville
The package must be returned in its original packaging, and the order reference must be indicated in the manner chosen by the customer (written manually on the packaging, with a label, etc.) so that we can identify it.
Once the package has been received at our central warehouse and verified to comply with all the conditions, we will proceed to send the requested exchange or return the corresponding amount within a maximum period of 7 days, using the same method used to make the purchase.
In the case of the EU (except Spain and Portugal) and the rest of the world, if the time it takes for the package to arrive at our central warehouse is longer than indicated, the refund will be made through a voucher for the amount paid with a duration of one year.
It is important to note that exchanges and returns are only possible for products purchased in our online store.
MODIFICATION OF PROGRAM CONDITIONS
Fernández and ROCHE may modify these conditions. Therefore, the customer is advised to read them during each purchase process. Modifications will not have retroactive effects on purchases already made.
RESPONSIBILITY AND WARRANTIES
Fernández y ROCHE declares that it has adopted all necessary measures, within its possibilities and the state of available technology, to guarantee the correct functioning of the website and to avoid the presence of viruses or harmful components. However, Fernández y ROCHE cannot be held responsible for the following situations, which are listed by way of example, but not limited to:
• The continuity and availability of content.
• The absence of errors in said contents or the correction of any defect that may arise.
• The absence of viruses and/or harmful components.
• Damages or losses caused by any person who violates the security systems of Fernández and ROCHE.
• The use that users may make of the content available on the website, including inappropriate use by minors or the sending of their personal data without the consent of their guardians, the latter being responsible for the use that minors make of the Internet.
• The introduction of incorrect data by the user or a third party.
Fernández y ROCHE reserves the right to temporarily suspend, without prior notice, access to the website due to maintenance, repair, updating or improvement tasks. Consequently, Fernández y ROCHE will not be liable for any damages or losses arising from the lack of availability or accessibility of the website or from interruptions in its operation. However, whenever circumstances permit, Fernández y ROCHE will inform the user with sufficient advance notice of the planned date for the suspension of the contents.
Likewise, in accordance with articles 11 and 16 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), Fernández y ROCHE undertakes to eliminate or, where appropriate, block content that may be contrary to current legislation, the rights of third parties, or that infringes morality and public order.
APPLICABLE LEGISLATION
These conditions will be governed by Spanish law.
INTELLECTUAL AND INDUSTRIAL PROPERTY
Fernández y ROCHE owns all rights to the content, design and source code of this website, including photographs, texts, logos, trademarks and other intellectual and industrial property rights.
Therefore, in accordance with Royal Legislative Decree 1/1996, of April 12, and Law 17/2001, of December 7, as well as complementary legislation on intellectual and industrial property, the reproduction, distribution and public communication of the content of the Website is prohibited without written authorization from Fernández and ROCHE.
Fernández y ROCHE does not grant any type of license or permission to use its intellectual and industrial property rights or any other right related to the website. Access and navigation by users does not imply in any case the waiver, transmission, license or total or partial transfer of said rights by Fernández y ROCHE.
If Fernández and ROCHE use these contents without authorization, it will be considered a violation of intellectual or industrial property rights, which will entail the corresponding legal responsibilities.
DATA PROTECTION AND CONFIDENTIALITY
Fernández y Roche will ensure that the personal data of its users are handled in accordance with current regulations, respecting their privacy.
Users have the right to access, correct and delete their personal information, including their email address, and may also object to the processing of such information and receive information about its disclosure, in accordance with applicable law.