Terms and Conditions
Terms and Conditions
The Purchase Conditions regulate the use of the website www.filocolore.es and bind all customers with FILOCOLORE regarding the rights and obligations in relation to the products offered by FILOCOLORE.
As the Conditions may be updated at any time, without prior notice, it is important that you read them before placing your order and clicking the "I accept General Conditions" button. By using this website or placing an order through it, you agree to be bound by these Purchase Conditions and by our Privacy Policy, so if you do not agree with all the Purchase Conditions and the Privacy Policy, you should not place any order, as you declare to have read and accepted that:
1.1. The purchaser is over 18 years of age and has the legal capacity to enter into contractual commitments.
1.2. Orders are legally valid and will not be speculative, false or fraudulent. If it could reasonably be considered that such an order has been placed, we would be authorized to cancel it and inform the relevant authorities.
1.3. The data you provide us is true and correct, and you consent to us using the information to manage your order (see our Privacy Policy).
1.4. Orders can be placed on Filocolore.es by individuals and companies to purchase FILOCOLORE products for their own use, not for resale.
1.5. In case of stock breakage due to any unforeseen event or internal error, even if the order for said product has been accepted, the amount of said product/s will be fully refunded.
If you have any questions related to the Conditions or the Privacy Policy, you can write to us at: info@filocolore.com or call us at 931775059 (Our customer service hours are Monday to Friday from 10:30 a.m. to 2:30 p.m. and from 4:30 p.m. to 8:30 p.m.).
The sale of items through this website is carried out under the name FILOCOLORE by RATMISOMA, S.L., with registered office at calle Brusi 32, Barcelona 08006, and tax identification number B-64809163.
The items offered through www.filocolore.com will only be available for shipping in Spain and European countries with the Euro currency. For shipments to other areas, you can contact us at our customer service number 931775059 (Our customer service hours are Monday to Friday from 10:30 a.m. to 2:30 p.m. and from 4:30 p.m. to 8:30 p.m.) and we will personally manage your purchase.
The existence of a contract between you as a customer and Filocolore in relation to the products on Filocolore.es will be effective from the moment your order has been expressly validated and accepted by us. In the event that it is not accepted and you have been charged the amount of the order, it will be fully refunded.
The online purchase process will begin when you click on the "Confirm Purchase" button. You will then receive an "Order Confirmation" email, which serves as an acknowledgment of receipt of your order. Receipt of the email does not mean that the order has been accepted. Confirmation of said acceptance will be upon receipt of the "Shipping Confirmation" email which also confirms that the order has been sent to the address you provided or to the Filocolore store you chose as a pick-up point. At this time, the purchase contract between you and Filocolore is formalized. In relation to the products listed in the second email, we will not be obliged to deliver any products not listed therein.
When selecting a product on the www.filocolore.com page, a summary page will be displayed with the item's photo, description, color and reference, selected quantity, price per unit and the total amount of the order. You must verify that this information accurately reflects the selection you made before confirming your order. Once confirmed, your order will be sent to FILOCOLORE for processing. Although all possible measures are taken to ensure correspondence with the original products in terms of color, design and style, it is possible that the photographs may not correspond exactly due to reasons beyond our control. Therefore, FILOCOLORE will not be responsible for any error or inaccuracy that occurs in the photographs or graphic representations of the products displayed on the page www.filocolore.com. If you have any questions regarding the products, you can, of course, contact our Customer Service Department at 931775059 (Our customer service hours are Monday to Friday from 10:30 a.m. to 2:30 p.m. and from 4:30 p.m. to 8:30 p.m.).
Product orders are subject to their availability. In the event that the products you requested are not available, Filocolore will inform you by email as soon as possible. We reserve the right to provide you with information about possible substitute products or to give you a new delivery time for the ordered product. You can confirm your order by accepting the substitution or the new delivery time or request a refund otherwise. In any case, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, and we reserve the right to do so at any time, unequivocally.
Filocolore reserves the right to withdraw any Product from the website at any time and/or to remove or modify any content thereof.
Filocolore will not be liable to you or to any third party for the withdrawal of any product from this website, regardless of whether said product has been sold or not, the removal or modification of any material or content on the website, or for refusing to process an order once we have sent you the Order Confirmation email.
If you have contracted the purchase as a consumer, you will have the right to withdraw from the Contract at any time within 15 days from the date of receipt of the products. In this case, you will be refunded the amount of the order in accordance with our Exchange and Return Policy (see Clause 11).
This right to withdraw from the Contract will apply solely and exclusively to those products that are returned in the same conditions in which you received them. You must also include all original documents and packaging of the products. Otherwise, or in the case of used or damaged products, the order will not be refunded.
The prices of the products will be those indicated on the website at any given time, except in the case of manifest error. They may also be modified, although such changes will not affect orders for which we have already sent you a Shipping Confirmation.
The prices on the website include VAT, but do not include shipping costs, which will be added at the end of the order, depending on the modality you have chosen.
Filocolore will not be obliged to supply you with the product(s) at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the price error is obvious and unmistakable and could have been reasonably recognized by you as an incorrect price.
The home delivery service for orders placed on Filocolore.es will have a variable cost depending on the destination and the amount of the purchase.
For orders picked up at a Filocolore store, the service will be free of charge.
In Barcelona, orders up to €250 will have a shipping cost of €4.95 for standard delivery and €7.95 for express delivery. Purchases over €250 (VAT included) will enjoy free shipping.
For shipments to Spain (Peninsula and Balearic Islands), orders up to €250 will have a shipping cost of €6.95 for standard delivery and €8.95 for express delivery. Orders over €250 (VAT included) will have free shipping.
For orders destined for Europe, the shipping cost will be €14.95 for purchases up to €250. Purchases over €250 will enjoy free shipping.
For orders destined for the United Kingdom, the shipping cost will be €19.95 for purchases up to €400. Orders over €400 will have free shipping.
For shipments to the United States and Canada, a fixed rate of €39.95 will be applied, regardless of the purchase amount.
Once you have placed your order, all the items you wish to purchase will have been added to your “cart” and the next step will be to process the order to then make the payment. To do so:
8.1. Click on the "cart" button at the top of the page.
8.2. Click on the "Go to checkout" button.
8.3. Fill in or check your contact information, your order details, and the address to which you want your order to be sent.
8.4. Select your payment method.
8.4.1. If you choose to pay by credit card, enter your credit card details.
You can pay with Visa or Mastercard. To minimize the risk of unauthorized access, your credit card data will be encrypted.
By clicking "Confirm Purchase" you confirm that the credit card is yours.
Credit cards are subject to checks and authorizations by their issuing entity. In the event that said entity does not authorize payment, Filocolore will not be responsible for delay or non-delivery of the order and we will not be able to formalize any contract with you.
8.4.2. If you choose the payment by bank transfer option, upon selecting this option, the bank account number to which you must make the deposit or transfer will appear. Once the operation is confirmed, the order will be processed and delivered within the deadlines specified in section 9 (delivery).
8.5. Click on "I accept General Conditions and Privacy Policy".
Order delivery will be effective within 2 to 7 business days after receipt of the Order Confirmation email. (except in the Canary Islands, Ceuta, Melilla and Europe, which may take a maximum of 15 business days)
If for any reason the delivery date cannot be met and the order delivery date is delayed, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. Please note that in any case we do not deliver on Saturdays, Sundays or public holidays.
The delay may be due to the following reasons:
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Delivery zone
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Out of stock
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Non-payment of the order
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Unforeseen circumstances
When your order is delivered, you must check that the shipment is correct. If there is any discrepancy or problem with your order at the time of delivery, you must note the nature of the discrepancy or problem (e.g., opened package, damaged goods) on the delivery note and sign it. You should then contact the Customer Service Department by phone 931775059 (Our customer service hours are Monday to Friday from 10:30 a.m. to 2:30 p.m. and from 4:30 p.m. to 8:30 p.m.) or by email info@filocolore.com.
If the goods do not match your order or you are not satisfied with them, you can exchange them for others or return them and request a refund of their amount according to the terms and conditions contained in point 11 (Exchange and Return Policy).
Make sure that the ordered products meet your needs. If not, at this point you can still accept the delivery or return the products, keeping in mind that the return will be at your expense (for more details, consult our Exchange and Return Policy).
For the purposes of these Purchase Conditions, delivery of the order shall be deemed to have occurred:
At the chosen address: upon signing its receipt to the carrier, at the delivery address you indicated to us.
For orders delivered to selected Filocolore stores: upon signing the delivery note provided by the sales assistant.
You must notify the Customer Service Department as soon as possible of any non-receipt of goods or delays in delivery exceeding eight (8) business days.
Delivery will be considered impossible after:
a. the carrier visits and finds no one at your home.
b. the transport agency calls to arrange delivery and cannot make contact.
In any case, we will leave you a note explaining where your package is and what steps to take for it to be sent to you again.
If you will not be at the delivery location at the agreed time, please contact us to arrange delivery for another day.
In order to avoid the impossibility of delivering your order, please provide a delivery address where a recipient can always be found.
The risks of the Products will be borne by you from the moment of their delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery, if this occurs later.
General Policy.
If you wish to withdraw from the Purchase Agreement within the 15-day period specified in clause 5, you must notify us through our Returns Form. Please return the product to us as soon as possible, along with the duly completed Form, to the address indicated therein, which is the only address for sending any returns or exchanges: Filocolore c/ Brusi, 32 Barcelona 08006.
Return the product using or including its original packaging, as well as any accompanying documentation and packaging.
After examining the product, we will inform you if you are entitled to a refund. The refund will be made as soon as possible and, in any case, within 15 days from the date you notified us of your intention to withdraw, and using the same payment method used to pay for the purchase. You will bear the cost and risk of returning the products to us, as previously indicated.
No exchange or refund will be made for products that are not in the same condition in which you received them, or that have been used beyond the mere opening of the product.
If you have any questions, you can contact us through our contact form or by calling 931775059 (Our customer service hours are Monday to Friday from 10:30 a.m. to 2:30 p.m. and from 4:30 p.m. to 8:30 p.m.)
11.1 Returns and refunds according to payment methods
11.1.1 Return of defective products
If you believe that the product is not in perfect condition at the time of delivery (defect or flaw), you must contact us immediately by following the instructions for returning the product, free of charge to you, which appear on the Exchange and Returns Form.
The product must be sent to the address indicated on the Exchange and Return Form that you will receive with the product upon delivery.
You can also contact Filocolore by email at info@filocolore.com providing the product details and the nature of the damage, or by calling 931775059 (Our customer service hours are Monday to Friday from 10:30 to 14:30 and from 16:30 to 20:30).
The returned product will then be carefully examined, and we will inform you by email or telephone if we deem a return or replacement to be appropriate. The return or replacement of the product will be carried out as soon as possible, within 15 days following the date on which we send you said email.
The amount paid for products returned due to defects, provided there is express confirmation from Filocolore, will be fully refunded, including the shipping costs you incurred when returning the product to Filocolore, using the same payment method used for the original purchase.
If you do not wish for the defective product to be replaced by another, the refund amount will be processed according to the payment method you chose when placing the order. If you wish to replace the defective product with another in perfect condition, Filocolore will also cover the shipping costs for that shipment (according to the payment method, see points 11.1.1.a to 11.1.1.b).
11.1.1.a. Return of products paid by card
The full amount of the order plus shipping costs will be credited to the same credit card you used to pay for the order. You will not have paid the return shipping costs, as you will have been informed when you contacted us to arrange the return. This credit will be effective once the product has been checked and no later than 15 days from the date we inform you that the return is processed.
Please note that if the return is for a gift, the refund will be credited to the same card used for payment, never to another card or a bank account.
11.1.b. Return of products paid by bank transfer
The full amount of the order plus shipping costs will be credited to the bank account you provide. You will not have paid the return shipping costs, as you will have been informed when you contacted us to arrange the return. This credit will be effective once the product has been checked and no later than 15 days from the date we inform you that the return is processed.
11.1.2. Return due to incorrect product delivery
In the event that you receive a product that is not what you ordered, whether you want the correct product sent again or not, the same rules apply as for defective products (according to the payment method, see points 11.1.1.a to 11.1.1.b), and you will not pay any transport costs for its return.
The product must be sent to the address indicated on the Exchange and Return Form that you will receive with the product upon delivery.
You can also contact Filocolore by email at info@filocolore.com providing the product details, or by calling 931775059 (Our customer service hours are Monday to Friday from 10:30 to 14:30 and from 16:30 to 20:30).
The returned product will then be carefully examined, and we will inform you by email or telephone if we deem a return or replacement to be appropriate. The return or replacement of the product will be carried out as soon as possible, within 15 days following the date on which we send you said email.
The amount paid for returned products, provided there is express confirmation from Filocolore, will be fully refunded, including any costs you incurred when returning the product to Filocolore.
If you do not wish for the product to be replaced by another, the refund amount will be processed according to the payment method you chose when placing the order.
11.1.3. Return due to customer dissatisfaction
In cases where you believe the product received does not meet your needs, whether due to size, color, design, etc.
a) If you pick it up in-store: you may return the item(s) to the same store, and the refund for the returned item(s) will be issued using the same payment method as for the original purchase. No cash refunds will be given.
b) If delivered to your chosen address:
You must contact Filocolore by email at info@filocolore.com providing the product details, or by calling 931775059 (Our customer service hours are Monday to Friday from 10:30 to 14:30 and from 16:30 to 20:30), providing the product details and reason for the return.
You must send the product to the address indicated on the Exchange and Return Form you received with your order, attaching said form, AND YOU ASSUME THE COST AND RISK of the return.
Once the product is received, we will check its condition and inform you by email if the return is approved.
If the return is approved, we will refund the product amount using the same payment method within a maximum of 15 days from the date we inform you that the return is processed; shipping costs will not be refunded.
11.1.3.a. Return due to customer dissatisfaction, product paid by card
The amount of the returned product will be credited to the same credit card you used to pay for the order. Shipping costs will not be refunded.
If the return is not processed, we will contact you to explain why we cannot refund that product, and we will send your product back to you, carriage due, which you must pay upon delivery.
11.1.3.b. Return due to customer dissatisfaction, product paid by bank transfer
The amount of the returned product will be credited to the bank account you provide. Shipping costs will not be refunded.
If the return is not processed, we will contact you to explain why we cannot refund that product, and we will send your product back to you, carriage due, which you must pay upon delivery.
11.2 Exchanges
If, upon receiving the product, you wish to exchange it for another product, FILOCOLORE will process the exchange, taking into account that:
a) If you pick it up in-store: you may exchange the item(s) at the same store. The refund for the exchanged item(s) will be issued using the same payment method as for the original purchase. No cash refunds will be given. Additionally, the full amount of the desired product must be paid in-store using the payment method of your choice.
b) If delivered to your chosen address:
You must report the exchange and the reasons via info@filocolore.com:
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in case of non-conformity, please read the conditions in the Returns for Dissatisfaction section
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in case of an error in shipping, please read the conditions in the Returns for Error section
You must send the product in perfect condition to the address indicated on the Exchange and Return Form you received with your order. Shipping costs will be at your expense.
If the new product to be sent is:
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of a lower value than the one you are returning: we will refund the difference, deducting the cost of the second shipment
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of a higher value than the one you are returning: you will have to pay the difference plus the cost of the new shipment before we send you the new product
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of the same value as the one you are returning: you will have to pay the cost of the new shipment before we send you the new product.
12- FILOCOLORE'S LIABILITY AND DISCLAIMER.
Filocolore's liability in connection with any Product purchased from Filocolore Shop Online will be strictly limited to the purchase price of said Product.
Nothing in these Purchase Conditions excludes or limits in any way our liability:
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In case of death or personal injury caused by our negligence
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In case of fraud or fraudulent misrepresentation
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In any matter where it would be illegal or unlawful 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 unless otherwise provided in these Conditions, we will not accept any liability for indirect damages that arise as a secondary effect of the main losses or damages, which occur in any way, and whether caused by civil tort (including negligence), breach of contract or otherwise, even if they could have been foreseen, including but not limited to the following:
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loss of income or sales
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loss of business
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loss of profits or contracts
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loss of anticipated savings
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loss of data, and
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loss of management time or office hours.
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Due to the open nature of the web and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise herein.
All product descriptions, information and materials on this website are provided "as is" and without express, implied or otherwise derived warranties.
The products sold by Filocolore may exhibit the characteristics of the natural materials used in their manufacture. Such characteristics, such as variations in grain, texture, knots, and color, will not be considered defects or flaws. We only select products of the highest quality, although natural characteristics are unavoidable and should be accepted as part of the product's individual appearance.
Filocolore does not guarantee or represent that:
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the website www.filocolore.com is free of any viruses, worms, Trojan horses or other destructive materials;
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the information contained on the website filocolore.com is accurate, complete or up-to-date;
The website www.filocolore.com may contain inaccuracies or other errors, and Filocolore does not guarantee that any such errors will be corrected, and its content is provided "as is" and "as available".
Filocolore assumes no responsibility, express or implied, including, without limitation, implied warranties or those arising from the website filocolore.com or its contents as appropriate for a particular or specific use, regarding the quality of the website or its contents, or regarding any breaches that may arise from them or the statements contained therein.
The provisions of this clause will not affect your statutory rights as a consumer, nor your right to withdraw from the Contract.
All designs, illustrations, photographs, images and any other element comprising the website are the property of Filocolore. This website has been designed for the purpose of enabling the sale of Filocolore products, so copying or using part or all of the content of the website does not transfer any rights over them. In this regard, the reproduction, publication, transmission, modification or distribution by any means of the content (including software) that make up this website is expressly prohibited.
Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you accept that most communications with us will be electronic. For the purposes of the purchase contract, you agree to use this electronic means of communication and acknowledge that all communications we send you electronically comply with the legal requirements of being in writing. This condition will not affect your statutory rights.
Notifications you send to us should preferably be sent via our email info@filocolore.com.
Notifications will be deemed to have been received and properly sent 24 hours after an email has been sent. To prove that the notification has been made, it will be sufficient to prove that it was sent to the email address specified by the recipient.
The Purchase Contract between you and Filocolore is binding on both you and us, as well as on our respective successors, assigns, and legal representatives.
You may not transmit, assign, charge, or otherwise transfer a Contract or any of the rights or obligations derived from it to your benefit or for you, without having obtained our prior written consent.
We may transmit, assign, charge, subcontract, or otherwise transfer a Contract or any of the rights or obligations derived from it to our benefit or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, charges, or other transfers will not affect your rights as consumers recognized by law or annul, reduce, or limit in any other way the express or implied guarantees that we may have granted you.
We will not be liable for any failure or delay in fulfilling any of the obligations we undertake under a Contract, the cause of which is due to events beyond our reasonable control ("Force Majeure Event").
Force Majeure Events will include any act, event, non-occurrence, omission or accident beyond our reasonable control and will include in particular (without limitation) the following:
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Strikes, lockouts or other industrial action.
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Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
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Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
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Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
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Impossibility of the use of public or private telecommunications networks.
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Acts, decrees, legislation, regulations or restrictions of any government.
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Strike, failure or accidents of shipping, postal or any other type of transport.
Our obligation to perform under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use all reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the Notices clause above.