These General Terms and Conditions govern the purchase of products through the website www.henryarroway.com owned by INTERNACIONAL COMERCIO TRADING, S.L. By accepting these General Terms and Conditions, the user declares:
- They have read and understood what has been set forth.
- They are sufficiently capable of being in a contract.
- They assume all the obligations set forth.
- They are of or above the legal age (18) to access this website and purchase the products offered on it.
We also remind you that these Terms and Conditions may be altered and, as such, it is your responsibility to read them regularly given that those which are current at the time of making an order or using the website will apply.
The sale of articles through this website is carried out under the name HENRY ARROWAY by INTERNACIONAL COMERCIO TRADING, S.L., a Spanish company with registered address Rd. Bilbao-Plencia nº17, P.A.E Asuaran – Building Archanda Block 2B, 48950 Asua-Erandio (Vizcaya), registered in the Mercantile Registry of Vizcaya, Volume 3217, Sheet 152, Page BI-13777, Registration 1ª, Date 12/05/1995, Tax ID B48753461 and email firstname.lastname@example.org.
2. CONDITIONS OF USE FOR www.henryarroway.com.
The information and personal data you provide us will be processed in accordance with what is set forth in the Data Protection Policies. Access to this website implies that these conditions of use which govern its access and use have been accepted without reservation for the purpose of making information about our products and services available to users.
By making use of this website and making an order through it, you are agreeing to:
- Make use of the website solely for legally valid queries or orders.
- Not make any false or fraudulent orders. If it is reasonably suspected that an order could be fraudulent, ICT are authorised to cancel it and inform the relevant authorities.
Using the content of this website for commercial purposes or for distribution, transformation or communication is strictly prohibited.
3. MAKING AN ORDER.
The process for purchasing products offered on the website is the following:
- Select the product: The customer who wants to purchase a product offered on our website must navigate to our menu (MEN/WOMEN) and then select the desired category (down jackets, parkas, raincoats, etc.). Click on the product to see an image and its details. After selecting the garment, colour and size, click on the ADD TO BASKET button. The Customer can continue choosing other products they want from the website or they can directly proceed to checkout.
- Order summary: Once all the products have been selected, the Customer will be able to view the order summary by clicking the basket icon (SEE MY BASKET). In this summary, the names of the selected products, the unit price, the quantity, the shop subtotal and total price including taxes will be detailed. This is when you will be able to enter you discount code if you have one. To continue to payment, the Customer must click on the BUY button.
- Registration: Now it is time to register. If you have already registered previously, navigate to the SIGN IN TO MY ACCOUNT section. If you do not remember your password, you can request a new one by clicking on Forgotten your password? and our team will send you a temporary password that you can then change from your personal area. If you do not have an account with henryarroway.com, navigate to CREATE AN ACCOUNT and enter the requested information.
- Delivery information: Next, the Customer can fill out and check the billing information related to the order (name, surname, address, city, state, post code, country, telephone, etc.). Customers who have previously inputted their delivery information will not have to re-enter this information. Once this information has been entered, click on CONTINUE TO PAYMENT/BUY.
- Delivery method: On this screen the delivery methods and costs are displayed.
- Payment information: The website offers the Customer the option of choosing between different payment methods: credit card, VISA, MasterCard, as well as debit 4B card or 4B Maestro (which implies an automatic debit), PayPal, Payments in Instalments with Sequra and Bizum.
You must notify INTERNACIONAL COMERCIO TRADING, S.L of any undue or fraudulent charge on the card used for purchase, via email or telephone, as soon as possible so that INTERNACIONAL COMERCIO TRADING, S.L can undertake the appropriate actions. In addition, payment issuers or providers can adopt anti-fraud measures which lead to certain types of operations being rejected. INTERNACIONAL COMERCIO TRADING, S.L. is not responsible for the implementation of this type of security policy.
- Order confirmation: Once confirmed, the Customer receives an order receipt confirmation. Processing of the order will begin once INTERNACIONAL COMERCIO TRADING, S.L. has received the order's payment confirmation from the method selected by the customer.
Once the purchase has been finalised, the Customer will receive an email with information related to the order (order number, purchased products, delivery times and information about shipping costs).
CONTRACT AND ORDER CONFIRMATION
The order will not be confirmed until payment has been received into our account. Once confirmed, you will receive an order confirmation email. Only then will the contract between us and yourself be formalised, and it will only apply to the items listed in said confirmation.
The contract will be formalised in Spanish and English if necessary.
ORDER CONFIRMATION AND CANCELLATION
Before finalising the order, there will be a stage on the website where you are able to review all the details associated to the order (charges broken down under all the necessary headings - taxes, shipping costs, item selection, etc.), with the possibility of making any necessary amendments.
After the confirmation, it will no longer be possible to change or cancel the order through the website. You will have to get in touch with us. In this case, changes and cancellations can only be made if the items have not yet been dispatched from our warehouses.
4. DELIVERY CONDITIONS.
Orders are accepted and distributed in the Iberian Peninsular and Balearic Islands, and deliveries are also carried out in Ceuta, Melilla and the Canary Islands. International delivery includes counties both inside and separate from the EU starting from 20 euros and returns from 25 euros. The final price varies depending on the destination (customs duty and taxes).
INTERNACIONAL COMERCIO TRADING, S.L. sends orders to its Customers via different nationally and internationally reknowned express courier services such as SEUR and DHL. The Customer will be able to track and monitor their order's status throughout by logging in to their personal area.
The delivery will be to the address entered by the Customer. This does not have to be their home address; it could be their workplace or even to another person as a gift. In any case, identification of the buyer, or of the person receiving the products, will be required in the form of an official document, as well as a signature.
The date of delivery to the customer will depend on the selected product's availability and the delivery zone. For deliveries in mainland Spain, the estimated delivery time is 1 to 3 working days and must not exceed 15 working days. For the rest of Spain, it is between 3 and 7 days. It is the responsibility of INTERNACIONAL COMERCIO TRADING, S.L to carry out the necessary actions with the delivery company to guarantee the order's delivery within 15 working days. If not, the order will be cancelled and all funds for the order and delivery will be refunded to the customer. If, once this time period has passed and the monies have been refunded to the customer, the delivery then arrives, the customer can opt to return the package at no cost or pay for the order.
For deliveries abroad, the estimated delivery time is 15 to 20 working days and must not exceed 40 working days. It is the responsibility of INTERNACIONAL COMERCIO TRADING, S.L to carry out the necessary actions with the delivery company to guarantee the order's delivery within 40 working days. If not, the order will be cancelled and all funds for the order and delivery will be refunded to the customer. If, once this time period has passed and the monies have been refunded to the customer, the delivery then arrives, the customer can opt to return the package at no cost or pay for the order.
FREE shipping for mainland Spain on all orders, 12 euros in Ceuta, Melilla and Balearic Islands, 20 euros in Canary Islands and from 20 euros for all international deliveries.
The amount indicated at the end, before finalising the purchase, will include the appropriate VAT. The Canary Islands, Ceuta and Melilla are exempt from said VAT. These prices apply to orders of up to 15 kilograms.
The delivery is considered complete once the product is handed over to the Customer by the courier and when the consignee signs for the delivery. It is the responsibility of the consignee to check the products upon receipt and disclose any reservations or complaints that may be justified.
5. DELIVERY NOT POSSIBLE.
If the courier service responsible for delivering your package is unable to complete the delivery on the first attempt, they will inform you of this incident and they will return to attempt delivery for a second time in the coming days.
If the delivery attempt fails the second time, the courier service will inform you of this incident and deposit your order at the closest SEUR pick up shop at the indicated address. You will then have 15 working days to collect the package yourself.
If these 15 days pass and you have no collected your package, it will be retuned to our warehouse and we will proceed to cancel the contract, returning all funds received from you (except for incurred delivery costs) within a maximum period of 15 days from the date we determined the contract to have been terminated.
6. PRICE OF THE PRODUCTS ON OFFER.
Prices can change at any moment but these possible changes will not affect orders for which we have already sent an order confirmation.
The price of the products on offer on our website includes Value Added Tax (VAT) or other taxes which could be applicable and, in all instances, is displayed in the Euro (€) currency.
In accordance with the provisions set forth in Article 68 of Spanish Law 37/1992 (28th of December) on the Value Added Tax, the supply of goods shall be deemed 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 VAT applicable will be the rate legally in force at that time depending on the specific item in question.
For any information about the order placed, you can get in touch with INTERNACIONAL COMERCIO TRADING, S.L via the contact form found at www.henryarroway.com.
PAYMENT METHODS AND SECURITY
Any order placed must be paid for immediately after the order confirmation. Orders will only be carried out once payment has been completed and verified.
The website offers the Customer the option of choosing between different payment methods: credit card, VISA, MasterCard, American Express, as well as debit 4B card or 4B Maestro (which implies an automatic debit), PayPal, Payments in Instalments with Sequra and Bizum.
- Credit card, VISA, MasterCard, American Express, as well as debit 4B card or 4B Maestro (which implies an automatic debit): The cost of the order will be charged on your card so you must provide us with the card number, expiry data and the CVV security code (on the reverse of your card). If your card is scanned, the applicable security codes will be requested.
This data will not be saved or altered by us; it will be registered directly with the payment gateway of the corresponding financial institution. The charge will be carried out in real time through this payment gateway. In the case that the charge cannot be carried out (for whatever reason), the order will be automatically cancelled.
PayPal: Allows for direct payment without communicating financial information to the network. Automatically encrypts confidential data with the help of the best available technologies in the market.
Payment in Instalments with Sequra: Split in 3, flexible and comfortable payment in 3 months without interest. With just three clicks and without any additional cost.
Bizum: Free service which facilitates instant purchases from your phone.
7. RIGHT TO CANCEL.
You have the right to cancel the purchase within 14 calendar days after delivery of the items unless exceptions to the provisions of the current consumer legislation apply.
In accordance with consumer legislation, the right to cancel, among other exceptions, does not apply to contracts in relation to:
- The supply of goods made to the consumer's and user's specifications or clearly personalised.
- The supply of goods that are likely to deteriorate or expire quickly.
- The supply of sealed goods which are unfit for return for health protection or hygiene reasons and where these seals have been removed after delivery.
- The supply of goods which after delivery, and due to their nature, have become inseparably mixed with other goods.
Cancellation requires you to notify us unequivocally of your decision to cancel the contract, for example, by sending an email to email@example.com or through the contact form on our website, within 14 calendar days of actual possession of the product. We will respond to you within the next 3 working days with instructions on how to formalise the return.
We recommend that you use the following online form. The use of this form does not limit the Customer's cancellation rights.
After the period of 14 calendar days, returns by cancellation will no longer be accepted.
If you choose to exercise your right to cancellation after the items have been delivered, it is your responsibility to return the items to us within 14 working days of receipt, in their original packaging and condition with any related accessories and the original invoice to the following address:
INTERNACIONAL COMERCIO TRADING SL, with main offices in P.A.E Asuaran, Building Archanda, Block 2B; 48950 ASUA –ERANDIO, VIZCAYA, SPAIN, Tax ID B-48753461.
After receiving and checking the returned items, we will refund or credit you the amount that you had paid or that we had charged your credit card for the items within 10 days maximum.
INTERNACIONAL COMERCIO TRADING, S.L reserves the right to refuse returns communicated or sent after the established time period, or items which are not found to be in the same condition as they were, e.g. they are incomplete, damaged or dirty.
If the package has already left our distribution centre, you must wait until the package arrives at your address to make a return.
Article 44 of Spanish Law 7/1996 (15th January) on the Regulation of Retail Trade gives the Customer the right to revoke their requested order within 20 days of receipt with prior communication to INTERNACIONAL COMERCIO TRADING, S.L within this time frame, with a refund of the price they paid for the order.You are able to return acquired items as long as the products have not been opened or used and they still have their original seals or packaging. Returns will not be accepted if the product is not received in perfect condition with its original packaging and with no signs of use. FREE returns for mainland Spain on all orders. Returns in Ceuta and Melilla is at the customer's expense and costs 12 euros. Returns in the Balearic Islands is at the customer's expense and costs 12 euros. Returns in the Canary Islands is at the customer's expense and costs 20 euros. International returns are at the customer's expense and cost 25 euros minimum depending on the destination.
7.3.Returns due to factory defects:
In the case of a factory defect, you are able to return the acquired item as long as it has not been used and it still has its original packaging. Returns will not be accepted if the product is not received with its original packaging and with no signs of use.
In addition, the order must be returned in its entirety, with all the original accessories and packaging of the products. After having received the product, INTERNACIONAL COMERCIO TRADING, S.L will check it and communicate to you whether you have the right to substitution. Refunds will not be processed for products that are not in the same condition as they were upon receipt or that have been used more than simply being opened. The product's refund or substitution will be processed as soon as possible and, in all cases, will be within 10 days from the date we send you an email confirming that the refund or substitution is underway for the unsuitable item.
If, at the time of delivery, an error in the goods received is clearly visible, without the need to handle the shipping packaging or that of the product itself, the customer must indicate this on the delivery note, and notify INTERNACIONAL COMERCIO TRADING, S.L. by e-mail to Henryarroway@henryarroway.com or by telephone Customer service +34 944396103, within 24 hours of receipt of the order to begin the returns process for the product(s) concerned and substitute it/them for the product(s) actually purchased.
In the case that the returned product is out of stock, the Customer will be able to choose to purchase another product similar in price and quality or request a refund of the price paid.
In these cases, INTERNACIONAL COMERCIO TRADING, S.L. will refund the purchase within 30 days from the date of the communication by the Customer requesting the refund. This will be carried out using the same payment method that was used to make the purchase, or via bank transfer to the account signalled by the customer.
7.4.Purchased product guarantee:
The contractual guarantee offered is that which is established in Royal Legislative Decree 1/2007 (16th November) which approves the revised text of Spain's General Law for the Defence of Consumers and Users. INTERNACIONAL COMERCIO TRADING S.L. will respond to any non-conformities that arise within a two-year time frame from receipt as long as the Customer has informed INTERNACIONAL COMERCIO TRADING S.L of said non-conformity within two months of discovering it. In this regard, taking into account that the website markets products that have a shorter lifespan than that granted by law for the exercise of legal guarantees, these periods shall be applied considering the nature of the goods marketed.
8. EVENTS OUTSIDE OF OUR CONTROL.
INTERNACIONAL COMERCIO TRADING, S.L. is not responsible for any delay or failure to comply with any of the obligations assumed due to Force Majeure beyond our control.
By 'Force Majeure', we are referring, for example, to strikes, war, riots, terrorist attacks, fires, storms, floods or other natural disasters, transport system strikes, government or authority restrictions, legislation or acts, etc.
In the event of any of these occurences, the obligations will be suspended during the period in which the Force Majeure cause continues and INTERNACIONAL COMERCIO TRADING, S.L. will have an extension in the deadline for fulfilling these obligations for a period of time equal to the duration of the Force Majeure cause.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY.
All Industrial and Intellectual Property rights of all elements contained within this website, including trademarks, formats, graphic designs, texts, images and documents belong to INTERNACIONAL COMERCIO TRADING, S.L. and are protected by Spanish and international laws on Intellectual and Industrial property. Complete or partial reproduction of this website and of any of its content is strictly prohibited without express written permission from INTERNACIONAL COMERCIO TRADING, S.L.
Accessing the website does not involve any type of waiver, transfer, licence or granting of said rights by INTERNACIONAL COMERCIO TRADING, S.L., unless otherwise expressly stated.
10. VIRUSES, PIRACY AND OTHER DIGITAL ATTACKS.
Improper use of this website via the intentional use of viruses, trojan horses and other harmful programmes, or unauthorised access to the website or any computer or database belonging to INTERNACIONAL COMERCIO TRADING, S.L. could lead to apt sanctions for these infringements as defined by the applicable regulations.
INTERNACIONAL COMERCIO TRADING, S.L. is not liable for any damage that may be caused to your equipment or data by viruses, trojan horses and other harmful programmes as a result of using this website.
11. NULLITY AND INEFFECTIVENESS OF THE CLAUSES.
If any clause included in these General Terms and Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part that is null or ineffective, and these General Terms and Conditions shall remain in force in all other respects, and such provision shall be considered totally or partially as not included.
12. APPLICABLE LEGISLATION AND JURISDICTION.
The use of our website and the product purchase contracts from said website are governed by Spanish legislation.
Any dispute arising out of or in connection with the use of the website or said contracts shall be submitted to the non-exclusive jurisdiction of the Spanish courts. If you are involved in the contract as a consumer, nothing in the present clause will affect your rights as recognised by current legislation.
13. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS.
For suggestions, complaints and queries about the online shop, please get in touch with our Customer Service through our contact form or via email firstname.lastname@example.org. INTERNACIONAL COMERCIO TRADING, S.L will see to your query as soon as possible and, for all cases, within a month.
Communication by INTERNACIONAL COMERCIO TRADING, S.L. to the User will be done using the data they provided when registering on the website. Regulations requires that part of the information or communication that we send you be in writing. As such, you expressly accept the use of email as the valid procedure for all communications related to the use of the website, recognising, for contractual purposes, that any communication sent to you for these purposes by INTERNACIONAL COMERCIO TRADING, S.L. comply with the legal requirement of being in writing.
Likewise, if a dispute arises from the recognition of this purchase contract between INTERNACIONAL COMERCIO TRADING, S.L and the User, the User as a consumer can request an extrajudicial dispute resolution, in accordance with EU Regulation Nº 524/2013 of the European Parliament and Council (21st May 2013) on dispute resolution in consumer matters. You can access this process through website: http://ec.europa.eu/consumers/odr/