General Terms and Conditions

GENERAL INFORMATION

The present General Terms and Conditions (hereinafter, “Conditions”), together with the documents mentioned therein, regulate the use of the website www.mybarrio.es (hereinafter ‘the Website’ ‘Web Site’, ‘Platform’) owned by MYBARRIO NETWORK S.L.U (hereinafter ‘MYBARRIO’, ‘Web’, ‘we’), with NIF : B67178913 and registered office at Balmes 310. PR 1, 08006 Barcelonay e-mail contactohola@mybarriobcn.com

Mybarrio.es is an online platform that pre-selects and sells fashion products (clothing, accessories, accessories, etc.), art and lifestyle (furniture, objects, lighting, etc.) of designers, artists, studios and brands.

Any natural or legal person accessing the website undertakes to use its contents and services in accordance with the law and these Conditions.

By using this website or placing an order through it, you agree to be bound by these conditions, so if you do not agree with the Conditions, you should not use this website. These Terms of Use are subject to change and it is your responsibility to read them periodically, as the conditions in force will be those applicable at the time of use or contractual agreement.

The information or personal data you provide as a visitor or user will be treated in accordance with the provisions of the Privacy Policy. By using this website you consent to the processing of such information and data, declaring that all the information or data you provide us are true and correspond to reality.

USE OF OUR WEBSITE

The User undertakes to make adequate and lawful use of the website and its Contents, in accordance with the applicable Legislation, the present General Conditions applicable to the use of this website and replace any other, except with the express prior written consent of the Seller. The User accepts:

  • Use the website exclusively for consultations, requests for services or legally valid orders.
  • Provide us in a certain, correct and unequivocal way your e-mail address, postal address and / or other contact information and you agree that we may use this information to process and deliver your order and / or contact you if necessary in accordance with our Privacy Policy.
  • Not to make unauthorized or fraudulent use of the website and/or its contents for illicit purposes or effects.
  • Not to make any fraudulent, speculative or false orders. If we have reasonable grounds to believe that an order or misuse has been made we will be entitled to cancel it and report it to the appropriate authorities.
  • Not to access or attempt to access resources or restricted areas of the website without complying with the conditions required for such access.
  • Not to introduce or spread on the network computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the owner of the domain, its suppliers or third parties.
  • Not to access or attempt to access, use and/or manipulate the data of the owner of the domain, third party providers, vendors and other users.
  • Not to manipulate, hide or delete the notes on intellectual or industrial property rights and other data identifying the rights of the owner of the website or of third parties incorporated into the Contents, as well as the technical protection devices or any information mechanisms that may be inserted into the Contents.
  • Obtain and attempt to obtain the Contents using means or procedures other than those which, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the Contents are found or, in general, those which are habitually used on the Internet because they do not entail a risk of damage or uselessness of the Website and/or the Contents.

CONTRACT CONCLUSION

By placing a service request or order through this Website, you warrant to us that you are 18 years of age or older and that you have the legal capacity to enter into binding contracts.

The information contained in these Terms and Conditions and the details contained on this website do not constitute an offer to sell, but an invitation to contract. The consent is manifested by the tendering of the offer and acceptance on the thing and the cause that are to constitute the contract. The contract is accepted from the moment of acceptance of the purchase. To place an order or request a test service at home, you must follow the online purchasing procedure and click on the payment method. After this, you will receive an email acknowledging receipt of your order.

INFORMATION WE COLLECT ABOUT YOU.

A user who wants to use our services will be asked for certain information about you, including your name, contact details and information about the credit or debit card with which you pay the order. We may also collect information about your use of the Website, any comments you make on the Website, or any emails you send.

The user, who in order to access certain contents of the Web provides personal data, guarantees its veracity, accuracy, authenticity and validity.

ORDER CONFIRMATION

The User must place an order or request for service through the Internet on our website www.mybarrio.es, accessible 24 hours a day, 7 days a week, except in the event of an impediment.

The data communicated by the User and registered by MYBARRIO during the inscription and the order constitute the proof of the transactions carried out between MYBARRIO and the User. After the validation of the order by the User, MYBARRIO will send a confirmation email to notify the User that the order has been placed correctly.

The User has the obligation to check the confirmation of the order and to notify MYBARRIO, immediately, any error of which it suffers.

SERVICE AVAILABILITY

The products offered through this website will be available in mainland Spain and the Balearic Islands, being for now outside our operating range, the Canary Islands, Ceuta and Melilla, and international.

PRODUCT AVAILABILITY

All product orders are subject to product availability. If exceptional circumstances cause difficulties in the supply of products or if there are no items available, we reserve the right to provide you with information about substitute products of equal or higher quality and value. If you do not wish to order such substitute products, we will refund any amount you may have paid.

CHARACTERISTICS OF THE PRODUCTS

We reserve the right to remove any Product from this website at any time and/or to remove or modify any material or content from this website. We will not be liable to you or any third party for removing any Product from this Website, removing or modifying any material or content from the Website.

EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure or delay in performing any of our obligations under a Contract caused by events beyond our reasonable control (“Force Majeure Event”).
Causes of Force Majeure shall include any act, event, failure to act, omission or accident beyond our reasonable control and shall include but not be limited to the following:

– Strikes, lockouts or other industrial action.
– Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
– Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
– Impossibility of use of trains, boats, airplanes, motor transports or other means of transport, public or private.
– Inability to use public or private telecommunications systems.
– Acts, decrees, legislation, regulations or restrictions of other governments.
– Strike, failure or accident of maritime or fluvial transport, postal or any other type of transport.

Our obligation to perform under any Contract shall be deemed to be suspended during the period in which the Force Majeure Event continues, and we shall have an extension of time to perform our obligation for the duration of such period. We will use all reasonable efforts to terminate the Force Majeure Event or to find a solution by which we can perform our obligations under the Contract despite the Force Majeure Event.

DELIVERY

Without prejudice to the provisions of the foregoing Clause and unless extraordinary circumstances occur, we will attempt to send the order for the product(s) listed in the Confirmation before the date / delivery time listed in the Order Confirmation, as a general rule such period will be between 3 and 5 working days in Spain Peninsula and Balearic Islands and this period may vary for local express shipments, such period will be between 2 to 24 hours.

Once the order is formalized, the User will be able to consult, when necessary, the status of his order in the section “ACCOUNT”.

The delay may be due to the following reasons:
– Personalization of the products
– Specialized articles
– Unforeseen circumstances
– Delivery zone

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase establishing a new delivery date or cancel the order with a full refund of the price paid. Please note in any case that we do not deliver on Saturdays or Sundays.

By accepting this delivery service, you are accepting the entry into your home of the staff responsible for making deliveries, and we ask you to remove anything that could suffer damage at the time of delivery. Except in the case of our negligence.

For the purposes of these Conditions, it shall be understood that the “delivery” has taken place or that the product(s) have been “delivered” at the time of signing the receipt of the same at the agreed delivery address.

Please refer to our Shipping and Returns Policy for further details.

IMPOSSIBILITY OF DELIVERY

If we are unable to deliver, we will try to find a safe place to leave the package. If we cannot find a safe place, your product(s) will be returned to our warehouse. We will leave you a note explaining where your package is and how to have it sent back to you. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.

Please note that the storage and reshipment of your product(s) will incur an additional cost. 2 delivery attempts are always included in our service. In case of impossibility of delivery and return to our warehouse, you will have to pay the charge of the new shipment.

You have a maximum of 5 working days from the date of the second delivery attempt to confirm that you still want the order. After this period, the order will be cancelled. You will be refunded the amount within a maximum of 30 days discounted the management costs associated with the order.

TRANSFER OF RISK AND OWNERSHIP

The risks of the Products will be at your charge from the moment of their delivery and signature of the delivery.

You acquire ownership of the Products upon receipt of full payment of all amounts due in respect thereof, including shipping costs, or upon delivery (as defined in the “DELIVERY” clause), whichever is later.)

VALUE ADDED TAX

In accordance with current legislation, all purchases made through the Website will be subject to Value Added Tax (VAT).

PRICE AND METHOD OF PAYMENT

The prices of the products will be those stipulated on our website at the time the order is confirmed. The prices include the VAT applicable according to current legislation in Spain. The prices mentioned on our website, including other items, are given in euros. Shipping costs are not included in the prices, they will be added to the total amount due as set out in our Shipping and Returns Policy. All other additional costs that may arise will be borne by the buyer, who will be informed of all amounts and the resulting final price prior to the completion of the contract.

Prices may change at any time, but possible changes will not affect orders for which we have already sent you a Shipment Confirmation.

When you have completed your order or test request, you can pay by credit card, your Stripe account. We accept guaranteed payments for Visa, MasterCard, Visa Electron, American Express. The User will be able to carry out comfortably and in a totally safe way his purchases with his card through the platform of safe payment. If the User uses this method of payment, his order will not be validated until the payment is made in the indicated account, under authorization of the competent payment centers. If the payment is not authorized, the User’s order may not be accepted and will be cancelled for that reason.

All credit or debit card holders are subject to validation and authorization by us and the card issuer to maintain security and prevent fraud.

In the event that the details of the buyer and the cardholder do not correspond, MYBARRIO reserves the right to contact the User to confirm his identity or to communicate with the bank to ensure that there are no notifications of theft of the bank card.

The charges will be made to the bank card at the time the purchase details are confirmed. In the event that this has not been possible due to any circumstance, we will contact you via the e-mail address you provided during registration to inform you of the incident.

Payments made by credit card will not incur any additional costs.

It should be noted that the payment gateway provided by MYBARRIO has the appropriate security measures to prevent interceptions in communications. However, any transfer of data through the Internet has the risk of being intercepted violating the security systems.

MYBARRIO declares that it does not have access to confidential data relating to the means of payment used, and therefore does not store them either. Card data is managed directly by online payment platforms and banks through the payment gateway, ensuring proper management.

Once you have selected the products you want to buy, all the items you want to buy will have been added to your shopping cart and the next step will be to process the order and make the payment. To do so:

1. Click on the “Cart” button at the top of the page.
2. Click on the “View cart” button.
3. Click the “Finish Order” button.
4. Fill in or check the contact information, the details of your order, the address to which you want the order to be sent and the address to which the invoice should be sent.
5. Enter your credit card details.
6. Click on “Pay”.

GUEST PURCHASE

This website also allows purchase through the guest purchase functionality. In this mode of purchase, you will be asked only the essential data to be able to process your order.

Once the purchase process is completed, you will be offered the possibility of registering as a user or continue as a non-registered user.

RIGHT TO CANCEL THE PURCHASE

If you are contracting as a consumer, you may withdraw from the Purchase Agreement at any time within 14 calendar days from the date of receipt of the products and without the need to state any reason, except in some cases where the right of return may not be exercised (see Shipping and Returns Policy for details, e.g. underwear/bathing etc). However, MYBARRIO will not accept returns whose written notification by the User takes place after 14 calendar days from the date of reception of the product.

In the case of acceptance on the part of MYBARRIO of the return of the article (for fulfilling the same one with all the requirements of validity), the expenses of return will be in charge of the User.

MYBARRIO will not accept returns if the product is not presented in perfect condition.

All returns must be authorized by MYBARRIO. To obtain such authorization, the User must request the return of the item to MYBARRIO through our contact form or an email addressed to sorporte@mybarriobcn.com, indicating the reference number or order and the list of items subject to return.

Once the User has received the return authorization, MYBARRIO will collect the products at the postal address indicated by the User. The expenses of the transport derived from the return, will be in charge of the User.

Your right to withdraw from the Purchase Agreement shall apply exclusively to those products that are returned in the same condition in which you received them. It must also include all original product packaging, labels, instructions and documents. No refund will be given if the product has been assembled, used or if it has suffered any damage, so you must be careful with the product(s) while in your possession.

You do not have the right to withdraw from the Contract for the purpose of supplying any personalised product.

Please treat the products with reasonable care while in your possession and keep the original boxes and wrappers in case of return.

This provision does not affect the rights recognised to the consumer by the legislation in force.

Consequences of withdrawal :

In the event of a withdrawal on your part, we will refund all payments received from you, excluding delivery costs, without undue delay and in any case no later than 30 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make this refund using the same means of payment used by you for the initial transaction, unless you tell us otherwise, expressly detailing the means of payment through which you want us to make the return. You will not incur any costs as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, whichever condition is met first.

REASONS FOR NON-RETURN/REFUND

MYBARRIO reserves the right to reject returns communicated or sent out of the established term or when the returned products do not correspond or these are not in adequate condition (must be unused and / or assembled, with all its original packaging, manuals, accessories and identification labels), the buyer will be charged management costs, transportation and damages, if applicable, for breach of the Terms and Conditions of use.

EXTERNAL LINKS

In the event that our website contains links to other websites and third party materials, such links are provided for informational purposes only and we have no control over the content of such websites or materials. Therefore, we accept no liability for any damage or loss arising from their use.

COOKIES

What are cookies?

When you visit our website, we store the information in the form of “cookies” on your computer, so it will be automatically recognised on your next visit to our website.

A cookie is a text piece of information that is transmitted as a hypertext transfer protocol header. The cookie is sent from the Web server to the browser or by generating scripts (such as JavaScript). Cookies will help us, for example, to find websites that match your particular interests and tastes or to save your password so that you do not have to re-enter it each time you visit our site.

If you do not want us to recognize your computer, then set your Internet browser to automatically delete cookies from your computer, block all cookies from even being stored in the first place or warn you before storing a cookie.

However, this may restrict the number of functions available for use on our website.
For more information see our Cookie Policy.

WRITTEN NOTICES AND COMMUNICATIONS

The notifications that you send us must always be sent in writing and preferably through our contact form or e-mail.

Applicable law requires that some of the information or communications we send you be in writing. By using this website, you agree that most such communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications we send you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.

COMPLETENESS OF THE CONTRACT

These Terms and any documents expressly referred to herein constitute the entire agreement between you and us in relation to the subject matter of the Agreement and supersede any prior agreement, understanding or promise made between you and us orally or in writing.

You and we acknowledge that we have agreed to enter into this Agreement without relying on any statement or promise made by the other party or inferred from any statement or writing in the negotiations entered into by the two parties prior to such Agreement, except as expressly referred to in these Conditions.

Neither you nor we shall have any remedy against any untrue statement made by the other party, oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract in accordance with these Terms.

RIGHT TO MODIFY CONDITIONS

We have the right to revise and modify these Terms at any time.

You will be subject to the policies and conditions in effect at the time you use this website or place each order, unless we are required by law or governmental agency decision to make retroactive changes to those policies, Conditions or Privacy Statement, in which case any changes will also affect orders you have previously placed.

REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from this website.

LEGAL SAFEGUARDS

If the item is defective, we will repair, replace or terminate the contract as appropriate. This management will be free of charge for the User. We are liable for any lack of conformity that becomes apparent within two years of delivery, provided that the consumer confirms the lack of conformity within two months of receipt of the article.

The satisfaction of our Users and Customers is of utmost importance, so you can contact us to proceed with the complaint. We will try to redirect your enquiries and inform you of any information regarding your enquiry or complaint. Warranty issues are usually directly linked to the manufacturer, so they may require longer consultation time.

In the event of a complaint, please provide as precise a description as possible of the reason for the complaint and the order number. If you do not receive a reply within 7 working days please contact us again as sometimes emails may be directed to the spam folder.

LIABILITY AND DISCLAIMER

Our liability in relation to any Product purchased on our website shall be strictly limited to the purchase price of such Product.

Nothing in these Purchase Conditions excludes or limits our liability in any way:
– In the event of death or personal injury caused by our negligence.
– In case of fraud or fraudulent misrepresentation
– In any matter in which it would be unlawful or illegal for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, we shall not accept any liability for consequential damages arising as a secondary effect of principal loss or damage, occurring in any way, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including but not limited to the following:
– Loss of revenue or sale.
– Loss of business
– Loss of profit or loss of contracts
– Loss of anticipated savings
– Loss of data
– Loss of management time or office hours

Due to the open nature of this website, we make every effort to ensure that no errors occur in the storage, transmission of digital information and the accuracy and security of information transmitted or obtained through this website.

To the extent possible as permitted by law, we exclude all warranties except those warranties that cannot be legitimately excluded from consumers.

The Products we sell, especially handicraft products, may often have the characteristics of the natural materials used in their manufacture. These characteristics such as variation in grain, texture, knots and colour will not be considered defects or defects. On the contrary, their presence should be counted on and appreciated. We only select products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

The provisions of this clause shall not affect your statutory rights as a consumer or your right to withdraw from the Contract.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, trademarks and other intellectual property rights in the materials or content provided as part of the website are at all times vested in us or our licensors. You may use such material only in the manner expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.

LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and third party materials, such links are provided for informational purposes only and we have no control over the content of such websites or materials. Therefore, we accept no liability for any damage or loss arising from their use.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement between you and us is binding on both you and us, as well as our respective successors, assigns and assigns.

You may not transfer, assign, encumber or otherwise transfer a Contract or any of your rights or obligations under it to you or for you without our prior written consent.

We may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of our rights or obligations under it to or for us at any time during the term of the Contract. For the avoidance of doubt, such transfers, assignments, encumbrances or other transfers will not affect your rights as a consumer recognized by law or void, reduce or otherwise limit any express or implied warranties we may have given you.

DIVISIBILITY

If any of these Terms or any provision of a Contract shall be deemed invalid, illegal or unenforceable to any extent by the competent authority, they shall be severed from the remaining Terms, Conditions and provisions which shall remain valid to the extent permitted by law.

DISCLAIMER

If, during the term of a Contract, we fail to insist upon strict performance of any of our obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies that we are entitled to exercise or bring under such Contract or these Conditions, such failure shall not constitute a waiver of such rights or remedies nor shall it relieve You from such obligations.

Any waiver by us to enforce performance shall not constitute a waiver by us to enforce subsequent performance.

No waiver by us of any of these Terms and Conditions shall be effective unless expressly stated to be a waiver and communicated to You in writing in accordance with the provisions of the Notices section above.

APPLICABLE LAW AND JURISDICTION

These General Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile.

COMMENTS AND SUGGESTIONS

You can send us your questions and suggestions through our contact form or to the email hola@mybarriobcn.com

COMMERCIAL COMMUNICATIONS AND PROMOTIONS

We inform you that the personal data you provide us will be treated by MYBARRIO in its capacity as data controller. The purpose of the treatment is to send you our Newsletter and to keep you informed of our novelties and commercial offers. The legitimacy of the treatment is done with your consent. We will not transfer your data to third parties without your prior consent. If you do not enter all the data marked as obligatory in the form it is possible that the subscription to the Newsletter cannot be carried out. Once you have sent the form you will receive an email to confirm that you want to receive our Newsletter, if you do not make the requested confirmation you will not be included in our file of subscribers. You can exercise your rights of access, rectification, limitation, suppression and portability of data by writing to hola@mybarrio.es.

You can also easily unsubscribe from the Newsletter itself (through the unsubscribe button). You will find more information about Data Protection in our Privacy Policy.