Purchasing conditions

Completion of the purchase

The present information and the details contained in this website do not form a sales offer, but an invitation to make business. There won’t take place any contract between you and us in relation to any product until your order has been accepted explicitly by us. If your offer is not accepted but your account was already charged, the corresponding amount will be refunded in its totality.

For placing an order, you will have to follow the procedure for the purchase online and click on “Confirm order”. After this you will receive an e-mail with the confirmation that your order has been received (“Order Confirmation”). Please take into account that this does not mean that your order has been accepted – your order represents your offer to buy one or several products from us. All orders are subject to acceptation from our side, which is done by sending you another e-mail where we confirm that the product is being sent (“Shipment Confirmation”). The purchasing contract regarding the product in question is formalised with the sending of the Shipment Confirmation, not earlier.

Availability of the Service

The articles offered in our website will only be available in Spain and Portugal.

Residents in other countries will only be able to benefit from the service of purchasing online from this website if the shipping address is located within the territories mentioned.

 

Availability of the Product

All orders are subject to availability. We reserve the right to propose another product of a comparable quality and of the same or superior value which you can order in case we were experiencing difficulties in the supply or if the articles in question were out of stock. In case you do not wish to place an order for the substitute, we will refund you the amount paid.

Delivery

We will send the products contained in the Shipment Confirmation in the maximum period of THIRTY (30) DAYS from the day you received the confirmation on, except the case that we were experiencing extraordinary and/or unpredictable circumstances.

Regarding this website, it is understood that the “delivery” of the article or articles has taken place upon signature of the receipt of the package in the shipment address given. In case it was impossible to hand over the package (incomplete or incorrect address, impossibility to hand over the package to someone in the delivery address) you will receive an advice where and how you can pick up your package.

Once the delivery has taken place, you assume any risk regarding the product or products.

Charanga will not be held responsible for the non-fulfilment or any delay in the delivery time caused by events out of our reasonable control (Cases of Force Majeure), such asStrike, lockouts or other acts of civil activism

Civil disturbances, invasion, terrorist attacks or threats, war (declared or not), war threats or preparation.

Fires, explosions, storms, floods, earthquakes, subsidence, epidemics or any other natural disaster.

Impossibility of the use of trains, ships, airplanes, motor transport or other means of public as well as private transport.

Impossibility of the use of public and private systems of telecommunication.

Acts, decrees, laws, norms or any other restriction by other governments.

Strikes, failure and accidents in sea or river transport, overland or any other means of transport.

It is understood that our obligation of contract fulfilment is suspended as long as the cause of Force Majeure continues, and we will dispose of an extension of the delivery time during that period. We will do everything reasonably possible to end the cause of Force Majeure and to find a possibility of fulfilling our contractual obligation in spite of the Force Majeure.

Purchasing price and means of payment

The purchasing price of each product will always be published  in our website, except in the case of obvious mistakes. In case we detect such a mistake in the product or products you acquired, we will contact you immediately and give you the option to reconfirm your order at the correct price, or to cancel it. Charanga is not forced to supply you with the product(s) at the lower incorrect price, even if you had already received the Shipment Confirmation, in case the mistake in the price is obvious, clear and unambiguous and could have been detected by you in a reasonable way as incorrect price.

The prices published in our website include VAT and exclude the shipping expenses which will be added to the total amount to be paid. In deliveries to the Canary Islands, Ceuta and Melilla the price will be invoiced without VAT, independently from the application of taxes and customs duties which might be due following the corresponding legislation of each of these territories, and which will be assumed by the customer. Any other customs fees which might be charged (SAD expedition, etc.) for shipments to the Canary Islands, Ceuta and Melilla will always be paid by the customer, too.

Charanga reserves the right to modify the prices published on the website at any moment. This will however not affect the orders for which the Shipment Confirmation has already been sent.

You can effect payments in the online shop with your credit or debit card (Visa, Visa Electron, MasterCard or American Express) through the secure payment systems Paypal and Servired.

In the case of payments by debit card your account will be charged in real time. Since payments by credit card are subject to verification and authorization by the issuer, in case the issuer does not authorize the payment, Charanga will not be held responsible for any delay or failure in the delivery. This is because not having received the payment there is no obligation with you from our side; independently from the fact whether you have received notice of the denial of your card.

Regarding payments by credit or debit cards, and following Article 46 of the Law 7/1996:

“1. In case the payment of a purchase had been fraudulently or wrongfully charged using the number of a payment card, its holder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and refund entrees shall be effected as soon as possible in the accounts of the supplier and the holder.

2. In the case, however, that the purchase had been carried out correctly by the cardholder and the demand for return is not a result of having exercised the right of withdrawal or resolution recognized in Article 44 and, therefore, the cardholder had wrongfully required the cancellation of the corresponding charge; he/she shall be obliged to pay compensation for the loss and damage caused as a result of this cancellation. "

Purchasing guarantee

The articles shown in our website are a selection of garments of the Charanga collection. They fulfil the same quality standards and guarantees as any other product at sale in any of the company’s establishments.

For each article you will find the following information:

Name of the article

Image of the article

Description of the article

Sizes and colours available

Composition

Purchasing price including taxes (except for the Canary Islands, Ceuta and Melilla)

Any complaint you have regarding the products purchased can be directed to tienda@charanga.es indicating in the subject of the message “Complaint”. You can also send it to the following postal address:

Charanga

Att. Online Shop

C/Alesandro Volta nº2

CP: 29590

Campanillas, Málaga (Spain)

Right of withdrawal. Refund policy. Return of faulty products.

If you are purchasing as a consumer, the law in force gives you the right to withdraw from the contract within SEVEN (7) DAYS after the reception of the order. However, we give you THIRTY (30) DAYS from the date of reception of your order to withdraw from any purchase effected through the Charanga website. In case you would like to make use of this right, we will refund you the amount paid for the purchased articles according to our Refund Policy.

The right to withdraw from your purchase will only be applicable to the products which are returned in the same condition as they were received, including all instructions, documents and packing materials. There will be no refund for used or damaged products.

This condition does not effect your consumer rights following the law in force.

Refund Policy

Any article bought on www.charanga.es which does not fulfil the quality requirements or does not satisfy the customer’s expectation can be returned or exchanged in the maximum delay of THIRTY (30) DAYS from the date of its reception, under the condition that it hasn’t been used nor damaged in any way. No return or exchange will be accepted for used or damaged articles or those which are returned without their original packing; except the case that this article was delivered with a defect.

We cannot accept any exchanges or returns of underwear or articles bought in another country.

The return or exchange of the purchased articles can be done in any Charanga shop (not including Charanga Outlets and El Corte Inglés) or by post to the following address:

Charanga

Att. Online Shop

C/ Alesandro Volta, nº2

CP: 29590

Campanillas, Málaga (Spain)

We remind you that the article should be returned with its original packing, instructions and/or any document which was delivered to you together with the item in question. Please also add the duly completed Return Form – in case you need a new Return Form you can download it from your personal account in our online shop.

Once we receive the merchandise in perfect condition (articles have not been used or damaged, returned with the original packing), the purchasing amount will be refunded to your credit card or bank account. We do not refund or exchange any product that is not returned in the same condition as it was received, or which was used in any way except the simple opening of the package.

Charanga will effect the refund as soon as possible, in any case within the period of THIRTY (30) DAYS from the date in which you informed us of your decision to return the product.

The aforementioned is understood without prejudice to the legal guarantees and further consumer rights recognised by the law in force.

We recommend you to contact our Customer Service department for any return you wish to effect or question you have, through the following e-mail address ayuda@charangaonline.com or under the telephone+34 952247410 (Monday to Friday 10:00 - 14:00).

The refund policy is subject to changes depending on the promotion valid in each case.

For more information, consult the menu point “Exchanges and returns”.

Return of faulty products

If you consider, upon delivery of the product, that the article is not according to what was stipulated in the contract, you should contact us promptly through our contact form indicating the details of the product and specifying the fault.

We will proceed to check the returned product as soon as we receive it and will inform you, by e-mail or phone call, within a reasonable time, if the return or exchange of the article in question is justified. The refund or exchange of the same will be done as soon as possible and, in any case, within THIRTY (30) DAYS from the date of our e-mail confirming the refund or exchange of the article you were not satisfied with.

The amount paid for those products which are returned because of a fault or defect, in case this does exist, will be refunded entirely, including the shipping cost you paid for the delivery of the article.

The aforementioned is understood without prejudice to the legal guarantees and further consumer rights recognised by the law in force.

Industrial and Intellectual Property Rights

All elements and contents of this website and all elements published, such as images, photos, texts, music and other sounds, videos, documents, drawings and pictures, logos and any other materials, in any format (including menus, websites, graphologies, colours, schemes, tools, characters, the website design, diagrams, structure, selection, order and presentation of the contents, the methods, procedures, functions and IT programs forming part of CHARANGA S.L.) are protected by the copyright as well as the Industrial and Intellectual Property Rights of CHARANGA S.L.

The elements of this website are designed with the aim to offer the products of the brand CHARANGA for sale. The copy or use of these elements does not imply the transfer of any right over the same. It is therefore expressly forbidden to reproduce, publish, transfer, modify or distribute in any way the configurable elements (software included) forming this website.

Further, since this website is considered as a computer programme, it is protected by the law of Industrial and Intellectual Property Rights.

Accessing this website or registering as a user does not imply the concession of any licences or authorizations concerning the mentioned Industrial and Intellectual Property Rights.

Except for the case when an explicit permission has been given by Charanga S.L., the user is not allowed to reproduce, transform, modify, deconstruct, submit to reverse engineering, distribute, rent, lend, make available, allow the public access through any means of public communication, nor to realise any other action prohibited by the law of Industrial and Intellectual Property Rights; to any of the aforementioned elements. The user is allowed to use the materials, elements, contents and information he/she accesses through the use of our website only for private purposes, committing himself to not realise any direct or indirect commercial exploitation of the mentioned elements.

Declaration of Invalidity or Nullity

If any of the here mentioned purchasing conditions should be considered invalid or null by the corresponding authority, all other conditions and regulations will remain valid separately, to the extent the law allows.

Modification of the purchasing conditions

Charanga reserves the right to revise and modify the present Purchasing Conditions at any time, without the need to communicate those changes previously. By effecting your order, you do accept the policies and conditions which are in place at this moment, except those changes in the mentioned policies, purchasing conditions and Privacy Policies that Charanga was obliged to effect by law or a decision of the competent authority.

The user is assuming the responsibility to revise the “Purchasing conditions” obligatorily before placing any order on the website.

 

Applicable Legislation. Jurisdiction.

Regarding the relation between the customer and Charanga, the legislation to be applied is the Spanish one.

In order to settle whatever controversy or conflict might arise from the present Purchasing Conditions, Charanga obeys the criteria for the determination of competency established by the Consumer and User law in place. However, in case that you were not acting as consumer, the commercial relation with us will be submitted to the exclusive jurisdiction of the Tribunals and Courts of the Town of Malaga.

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