Terms and Conditions
These General Terms and Conditions of Sale are established between:
Federico Sabbadin, Y4384412M, Calle Molineros, 63B, 02520, Chinchilla de Monte-Aragón, Albacete (hereinafter “Smile Vintage”).
2. On the other hand, any natural or legal person who places an order (hereinafter, “the customer”)
The placing of an order implies the acceptance of these Terms and Conditions of Sale by the customer, as well as any other particular conditions specified in the order itself or in the conditions of the product. Orders/deliveries outside Spain and in the European area, will be made from the website https://ropavintagekilos.com
To make your order, Customer must facilitate his personal or business data asked during the purchase, which will be linked to his account to speed up future orders. Once all product are in the basket, Customer must choose shipping address and make the payment, which will create a selling contract with Smile Vintage.
When a order is made by the Customer, implies full acceptance for the prices, description and selling conditions for the product or products, except typographical mistake as well as this Terms and Conditions of Sale here described or the conditions described during checkout process.
Al orders are linked to products availability. In case there’s some problem with availability, Smile Vintage will inform to the Customer in no more than 10 days since the order is made. In case there’s any availability or stock problem, Smile Vintage will refund full payment to the Customer, except the Customer choose to reuse payment for another order.
Items classified as “By Kilos” are subject to special availability and could delay shipping 5 to 10 work days in case there’s limited availability. In any case, the Customer will not lose his items/order, just there’s the possibility for some delay. For stock questions, please contact us by WhatsApp or here before your order.
Premium – top condition with no defects or unique hard to get item may carry some defects
A – No defects or minimal signs of use (does not affect wearability or fashion wear)
B – Stains, marks, broken zips or holes, signs of use, which can be repaired or re-customised.
C – Stains (bleach type) marks, broken zips or holes, signs of wear, which cannot be easily repaired.
What is the quality of the items in the lots? Premium or exclusive item and A.
What is the quality of the articles per kilo? A + B ( approx. 80% – 20%)
At the end of your order, you can make your payment with credit/debit card through our payment gateway with Sabadell Bank, with all data encrypted by SSL. Also you can pay with Apple Pay and Google Pay via Stripe gateway. We do NOT save any payment data of yours, because all process is made through the payment gateway.
Please, with every purchase check the “green lock” in your browser, to be safe your payment is made via SSL encryption. Remember also your bank should ask you for a purchase pin, as is established in the PSD2 payment regulation.
Orders will be made exclusively in work days (Monday to Friday, excluding holidays). Orders made after 10AM on Fridays will be prepared on next work day (usually, Mondays). We do NOT prepare or send orders to Post Office Boxes.
Shipping costs are assumed by the Customer and will be detailed in payment page and invoice.
According with the 66bis article in the General Law for Defense for Consumers and Users (Spanish Law), products will be delivered within 30 (thirty) days starting with the date order.
Shipping method will be via DHL Parcel, with contact number +34.902.122.424 and tracking page https://www.dhl.com/es-es/home/seguimiento.html
Orders will be send in rigid carton boxes, well prepared and with a note inside, detailing all preparation process and any relevant circunstante or incident.
Products purchased from SMILE VINTAGE
The purchase of second-hand products from SMILE VINTAGE is governed by the General Law for the Defence of Consumers and Users.
If the goods are undamaged, they can only be returned if SMILE VINTAGE previously acknowledges this right to the buyer.
A user has the right to a refund, making a distinction between goods that are damaged and those that are in perfect condition.
Goods not in conformity with the contract
The buyer can ask for a refund, replacement of the product, repair or a discount in the following cases:
If the items do not conform to the description made by SMILE VINTAGE and do not have the qualities that SMILE VINTAGE has presented to the consumer in a sample or model.
If they are not suitable for the uses for which goods of the same type are normally intended.
If they are not suitable for a special use required by the consumer, when the consumer has made this known to the seller and SMILE VINTAGE has admitted that the good has this use.
In the event that they do not have the usual quality and performance of a good of the same type that the consumer can reasonably expect, due to public statements about the specific characteristics of the goods made by the seller, the producer, in particular in advertising or labelling.
When is the consumer entitled to a refund? If the product is not in conformity with the contract, where the buyer cannot demand the repair or replacement of the item and where this has not been carried out within a reasonable time or without major inconvenience to the consumer, the buyer can choose between a price reduction and a refund. However, if the defect is minor, no refund can be claimed.
Products in conformity with the contract
Products that do not have any defects can only be exchanged if the seller (SMILE VINTAGE) has previously acknowledged this as a right.
SMILE VINTAGE has the right not to reimburse the amount paid for the non-defective product, this being its commercial policy.
Personal Data Processing
Intellectual Property and Copyright
All the industrial and intellectual property rights of the web, as well as the content here, are property of Smile Vintage or their respective owners.
It is exclusively reserved to Smile Vintage any use that involves copying, reproduction, distribution, transformation, public communication or any other similar action, of all or part of the contents of the web, so no one may use our content without prior written permission.
Force majeure clause
We will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control (“Force Majeure”).
Force Majeure reasons will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
a) Strikes, lockouts or other protest measures.
b) Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or preparations for war.
c) Fire, explosion, storm, floods, earthquake, sinking, epidemic or any other natural disaster.
d) Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
e) Impossibility of using public or private telecommunications systems.
f) Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations will be suspended during the period in which the Force Majeure event continues, and we’ll have an extension in the term to fulfill our obligations for a period of time equal to the duration of the Force Majeure event. We’ll use all reasonable means to find a solution that allows us to fulfill our obligations despite the Force Majeure event.
Changes of Terms and Conditions
We may, at any time, modify any relevant terms and conditions, policies or notices. The Customer, by making an order, becomes bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you make a purchase.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
Right of withdrawal
Information on exercising the right of withdrawal
Right of withdrawal:
You have the right to withdraw from this contract within 14 calendar days without giving any reason.
The withdrawal period shall expire 14 calendar days after the day (1).
To exercise the right of withdrawal, you must notify us (2) of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form below, but its use is not compulsory (3).
In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.
Consequences of withdrawal:
In the event of withdrawal by you, we will refund the payments received from you, less the costs of return, without undue delay and after receiving and checking that the product has been returned in its original packaging and without having been opened, in any event no later than 14 calendar days from the date on which we receive the return of the packaged and unopened products and with your notice to withdraw from this contract. We will proceed to carry out such reimbursement using the same means of payment used by you for the initial transaction (4).
(5) “contract of sale” means “that you or a third party, other than the carrier and indicated by you, acquired the material possession of the goods”;
(6) The goods were purchased from the company Federico Sabbadin (Smile Vintage), Calle Molineros, 63B, Pol. In. Los Molinos, 02520, Chinchilla de Monte-Aragón, Albacete, telephone 692461347, e-mail [email protected].
You also have the option of electronically completing and sending the model withdrawal form or any other unequivocal statement via our website https://ropavintagekilos.com/contacto/. If you make use of this option, we will inform you without delay by email, on a durable medium, of the receipt of the withdrawal.
We may withhold reimbursement until we have received the goods and checked that they are in their original, unopened packaging.
(7) We will collect the goods, without undue delay and in any event not later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract to us. The deadline shall be deemed to have been met if you deliver the goods before the end of this period and they are in their original, unopened packaging.
You shall bear the direct cost of returning the goods.
(8) You shall only be liable for returning the goods in their original packaging and without having opened or tampered with them.
A. Model withdrawal form
(you only need to copy, complete and send this form if you wish to withdraw from the contract)
– To the attention of (here you must insert the name of the entrepreneur, his full address and, if available, his fax number and e-mail address):
– I/We hereby inform you (*) that I/we withdraw from my/our (*) contract for the sale of the following good/provision of the following service (*)
– Ordered on/received on (*)
– Name(s) of the consumer and user(s)
– Address of the consumer and user(s) and user(s)
– Signature of the consumer and user(s) and user(s) (only if this form is submitted on paper)