This document (hereinafter the Terms and Conditions) sets forth the terms of use of the www.simuero.com Website and the conditions for purchasing products through the same. Our Privacy Policy and Cookie Policy also form an integral part of these Terms and Conditions. By accessing and browsing the Website and using its services you explicitly accept these Terms and Conditions and the supporting documents contained herein. We recommend that you read them carefully. You should not use the Website if you do not agree with their content. Please contact us by any of the means set forth below if you have any queries concerning the Terms and Conditions, the Privacy Policy or the Cookie Policy.

1. LEGAL INFORMATION

The owner of the Website is SIMUERO S.L. (hereinafter the Company, SIMUERO, the Data Controller or we), a Spanish trading company with registered office at Calle Burriana 44, bajo derecha, 46005, Valencia.

The Company is registered in the Mercantile Registry of Valencia, Volume 3482, Sheet 151, Page 103467, Section 8, Entry 1. Holder of Tax I.D. B02902260. Phone number: 640181372, email: info@simuero.com

2. CONDITIONS OF USE

By accessing and browsing the Website you explicitly agree to comply with the following conditions:

• To refrain from placing false or fraudulent orders or registering or placing orders by deliberately providing false or inaccurate information or impersonating a third party.
• To refrain from acts intended to temporarily or permanently harm, freeze, damage, disable or overload the operating capacity, tools, content and/or infrastructure of the Website in order to prevent proper use of the same.
• To abstain from using the content and information contained on the Website for illicit purposes or effects expressly prohibited in these Conditions of Use and which are detrimental to the rights and interests of SIMUERO, its users and/or third parties.
• To regularly review these Terms and Conditions or any others that may apply to detect amendments as required. Installing hyperlinks for commercial purposes on websites unrelated to SIMUERO and enabling them to access the Website without the prior consent of the owner is expressly prohibited.

Under no circumstances shall the presence of hyperlinks on external websites be construed as implying the existence of commercial or business relationships with the owner of the website on which the hyperlink is installed, nor does it imply that SIMUERO endorses their content or services.

Users shall be liable for loss and damage of any kind suffered by SIMUERO or third parties as a result of breach of any of the obligations to which the User is subject under these Conditions of Use or the Law in relation to access and/or use of the Website.

3. AVAILABILITY OF SERVICE

The items provided through the www.simuero.com Website shall be available in the following places: Europe, America, Australia and Asia except for Russia and North Korea.

4. ORDERS

To place an order, please follow the online purchase procedure and tap or click on Authorise payment. You will receive an email confirmation that your order has been processed (the Order Confirmation) if SIMUERO agrees to supply you.

We will also inform you by email when the product has been shipped (the Shipping Confirmation). The product purchase contract will only be executed once we send you the Shipping Confirmation.

Although we will always do our best to process all orders, we reserve the right to decline to do so under exceptional circumstances at our own sole discretion at any time, even after sending the Order Confirmation. You will receive a refund of the full amount if your purchase request is declined after the purchase price has been charged to your account.

By placing an order you declare that all information and personal data submitted are true and accurate, that you authorise us to charge the price of the requested items to the associated credit or debit card and confirm that the bank account in question holds sufficient funds to pay for the order.

5. PRICE

Barring obvious errors, the product prices will be those stipulated on the Website at all times. These prices may be changed at any time but in the absence of the aforesaid circumstances, we will not change the price of orders for which we have issued a Shipping Confirmation. The prices displayed on the Website include VAT but not shipping costs, which shall be added to the product price to make up the total amount to be paid.

6. SHIPPING

Our pieces are handcrafted in our workshop, so it takes between 2-5 working days to prepare your order, delivery time depends on the country. You will receive an email with the tracking number once the package has been shipped.

All orders placed after 10 am will be processed the next business day. Holidays do not count as delivery days, orders placed on holidays will be counted as placed on the next business day. Actual delivery date may be affected by shipping delays due to weather or other external factors, as well as during peak season. Please check the shipment tracking information you will receive by email for the most accurate delivery date.

The total cost of each shipment will be automatically calculated and detailed at the time of confirmation of purchase.

You can find more information on our Shipping help page.

7. RIGHT TO WITHDRAW

Product exchange and return requests must be made within 14 calendar days from the date of delivery of the product.
Exchanges are made through our Rever platform https://returns.itsrever.com/simuero and Simuero will cover the customer's return shipping cost in these cases.
Refunds of full refunds will be requested by email to info@simuero.com. In these cases the purchase amount will be refunded upon receipt of the returned product at the above address. Shipping costs, however, will not be refunded.
The product for which the exchange or return is requested must be in perfect condition, i.e. unused, unwashed, with all its original labels and in the same packaging in which it was delivered.
SIMUERO reserves the right to refuse a return if all of the above conditions are not met. In such cases you will be notified by email that your order is not eligible for return.

8. PRODUCT AVAILABILITY

All orders are subject to product availability. We will refund any amount you may have paid in the event of product-supply difficulties.

9. WARRANTIES

If you are a consumer, we guarantee all the products we sell through the Website in accordance with the legally-established terms for each type of product. Consequently, we are responsible for any material or manufacturing defects that may become evident during the two years following delivery of the product.

The products shall be understood to be in accordance with the Contract provided that they comply with the description and possess the properties set forth on the Website, are suitable for the normal purposes for which products of the same type are typically used and exhibit the usual quality and performance of a product of the same type. You must inform us immediately through our contact channels and provide the product details and a description of the damage suffered in the event that a product fails to conform to the Contract.

All amounts paid for products returned due to material or manufacturing defects or flaws shall be fully refunded once the items have been inspected by SIMUERO to verify the customer’s claim. The refund shall be made by means of the same payment method used for the purchase.

10. WARRANTY AND RETURN OF ARTICLES

Products in the catalogue purchased by consumers shall be subject to a legal warranty period of two years. The purchaser may exercise the right of withdrawal within 14 calendar days from the delivery date. The consumer must have retained the payment receipt, provide the order number and ensure that the article is returned in perfect condition along with all items and documents as delivered, including the original packaging, in order to proceed with the return.

If the chosen article is the wrong size you may exchange it for another of a different size free of charge within the 14 calendar days following delivery. Since our products are handmade by craftspeople, there may be slight differences between the first choice and its replacement.

• WARRANTY AND RETURN OF CUSTOMISED ARTICLES

Unless otherwise decided by SIMUERO's management, custom-made pieces created according to the purchaser's specifications may not be returned. Tailor-made or customised products are understood to be articles not found in the catalogue.

11. LIABILITY AND DISCLAIMER

Unless expressly stated otherwise in these Terms and Conditions, our liability in relation to products purchased on the Website shall be strictly limited to the purchase price of the same.

However, we will not accept any liability whatsoever for the following losses, regardless of their origin, unless the law provides otherwise:

• Loss of income or sales;
• Loss of business;
• Loss of profits or contracts;
• Loss of planned savings;
• Loss of data, or
• Loss of management time or office hours.

Due to the open nature of the Website and the possibility of errors in the storage and transmission of digital information, unless expressly stated otherwise herein, we cannot guarantee the accuracy or the security of the information transmitted or obtained through the Website.

12. INTELLECTUAL PROPERTY

All content published on the Website – designs, graphics, logos, icons, trade names, designs, texts and graphics in particular – and any other signs liable to industrial and commercial use are subject to intellectual property rights owned by SIMUERO or third-parties that have consented to the presence of the same on the Website. Under no circumstances shall it be construed that the User has been granted any license whatsoever over said rights or that the Data Controller has fully or partially waived, transferred or assigned the same or may do so in the future. Operation, amendment, reproduction, distribution or public communication of the aforesaid rights are expressly prohibited without the express prior written consent of SIMUERO or their respective owners.

13. WRITTEN NOTIFICATIONS

The currently applicable legislation requires that certain information or notifications we send to you must be in writing. By accessing and using the Website you explicitly accept the fact that most of our notifications will be sent by electronic means. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you hereby consent to the use of digital means of communication and acknowledge that all contracts, notices, information and other notifications with which we provide you by electronic means constitute written documents and fully comply with the legal requirements.

This condition does not affect your legal rights.

14. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

Knowingly misusing the Website by installing viruses (trojans, worms, logic bombs or any other technologically harmful or damaging material) is strictly forbidden. You are hereby warned not to attempt to gain unauthorised access to the Website, the server on which it is hosted or any other server, computer or database related to the Website. In particular, you expressly agree to refrain from attacking the Website via a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack.

Failure to comply with this clause may constitute an offence under the currently applicable regulations and will be reported to the competent authorities. Furthermore, you will be immediately banned from accessing the Website in the event that you infringe any of the provisions of this clause.

The owner of the Website declines all responsibility for the effects of any of the aforesaid attacks that may affect your computer, IT equipment, data or materials as a result of your use of the Website or of downloading content from the same or from any other website to which you are redirected.

15. ASSIGNMENT OF RIGHTS AND DUTIES

The contract is binding on both parties and on their respective successors, assignees and heirs. You may not transfer, assign or otherwise encumber the Contract or any of the associated rights or duties acquired under the same without the prior written consent of SIMUERO.

SIMUERO may transfer, assign, subcontract or otherwise encumber the Contract or any of the rights or duties acquired under the same at any time during the contractual validity period. As a clarification, please note that said transfer, assignment or other encumbrance shall not affect the rights with which the law invests you as a consumer and nor shall it exempt SIMUERO from fulfilling all implicit or explicit warranties and guarantees with which we may have provided you.

16. EVENTS OUTSIDE OUR CONTROL

We decline all liability for any failure or delay in the performance of our contractual duties when such failure or delay is caused by events beyond our reasonable control (force majeure). Events of force majeure shall be understood to mean acts, events, omissions or accidents beyond our reasonable control including, but not limited to, the following:

• Strikes, lockouts and other industrial disputes.
• Civil unrest, riots, invasion, terrorist threat or attack, war (declared or not) and threat of or preparation for war.
• Fires, explosions, storms, floods, earthquakes, landslides, pandemics or any other kind of natural disaster.
• Lack of availability of trains, ships, aircraft, motor vehicles or other means of public or private transport.
• Lack of availability of public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions promulgated by any government or competent public authority.

Application of the contractual rights and duties shall be suspended for the duration of the event of force majeure, in which case the User agrees to extend the delivery period for a period equal to the duration of the event of force majeure to enable SIMUERO to fulfil its obligations. We will make every reasonable effort to end the event of force majeure or to find a solution that enables us to fulfil our obligations despite said event.

17. WAIVER

Failure by the Company to enforce any of the provisions of this Contract or to require strict performance by the User of any of the provisions thereof shall in no way be construed as a waiver of such provisions or to affect the validity of the Contract or any part hereof or the right of the Company thereafter to enforce all such provisions in accordance with the Terms and Conditions of the same.

No waiver on our part of any specific right or remedy shall constitute a waiver of any other right or remedy derived from any other agreement or from the Terms and Conditions. No waiver by us of any of these Terms and Conditions or any of the rights or remedies derived from the Contract shall have legal effect unless it is expressly stated to constitute a waiver, it has been duly executed and attested and you are notified of its application in writing.

18. SEVERABILITY

In the event that one or more of the provisions of this Contract or of these Terms and Conditions is held to be invalid, illegal or unenforceable, said provision or provisions shall declared null and void but this partial invalidity, illegality or unenforceability shall not affect any other provision of Contract.

19. ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to in the same constitute the entire agreement between the User and SIMUERO regarding the object of the same and replace any previous verbal or written agreement, covenant or promise made between said parties.

20. RIGHT TO AMEND THESE TERMS AND CONDITIONS

We reserve the right to amend these Terms and Conditions. Amendments shall not have retroactive effect. We recommend that you cease using the Website if you do not agree with any amendment we may make.

21. APPLICABLE LEGISLATION AND JURISDICTION

Use of the Website and all purchase contracts for products advertised on said Website shall be governed by Spanish law. These Terms and Conditions and the Contract are governed by the laws of Spain and the parties to this agreement expressly agree to subject any discrepancies arising from the same to the non-exclusive jurisdiction of the Spanish law courts.

LAST UPDATE 05/07/2023