Terms and Conditions
Terms and Conditions
These Purchase Conditions regulate the use of the www.filocolore.es website and bind all customers with FILOCOLORE regarding the rights and obligations related to the products offered by FILOCOLORE.
Since the Conditions may be updated at any time, without prior notice, it is important that you read them before placing your order and clicking on 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 our Privacy Statement. Therefore, if you do not agree with all the Purchase Conditions and the Privacy Statement, 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 agreements.
1.2. Orders are legally valid and will not be speculative, false, or fraudulent. If an order of this nature could reasonably be considered, we would be authorized to cancel it and inform the relevant authorities.
1.3. The data you provide us is true and correct, and the person providing it consents that we will use the information to manage their order (see our Privacy Statement).
1.4. Orders can be placed on Filocolore.es by individuals and companies to acquire FILOCOLORE products for their own use, without the intention of 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.
For 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 within Spanish territory 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 the 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 your account has been charged for the order amount, it will be fully refunded.
The online purchase process will begin when you click the "Confirm Purchase" button. You will then receive an email "Order Confirmation" which acts as an acknowledgment of receipt of your order. The receipt of the email does not mean that the order has been accepted. The 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 moment, 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 www.filocolore.com, a summary page will be displayed with the item photo, item description, color and reference, selected quantity, unit price, and the total amount of the order. You should verify that this information accurately reflects your selection before confirming your order. Once confirmed, your order will be sent to FILOCOLORE for processing. Although all possible measures are taken to guarantee correspondence with the original products in terms of color, design, and style, it is possible that the photographs may not correspond exactly for 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 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 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 if you do not wish to proceed. However, there may be exceptional circumstances that force us to reject the processing of an order after we have 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 on it.
Filocolore will not be liable to you or to any third party for the removal of any product from this website, regardless of whether said product has been sold or not, for the removal or modification of any material or content on the website, or for our refusal to process an order after 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 obvious 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 unequivocal and could reasonably have been recognized by you as an incorrect price.
The home delivery service for orders you place on Filocolore.es will have a variable cost depending on the destination and the purchase amount.
For orders with pick-up at a Filocolore store, the service will be free.
In Barcelona, orders up to €250 will have a shipping cost of €4.95 for the standard modality and €7.95 for the express modality. Purchases exceeding €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 the standard modality and €8.95 for the express modality. 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 exceeding €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 flat rate of €39.95 will apply, 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 this:
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, the address where you want your order to be sent.
8.4. Select your payment method.
8.4.1. If you choose the credit card payment option, enter your credit card details.
You can pay with Visa or Mastercard. To minimize the risk of unauthorized access, your credit card details 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 case said entity does not authorize the payment, Filocolore will not be responsible for delays 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, when you go to that 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 between 2 and 7 business days after receiving the Order Confirmation email (except for the Canary Islands, Ceuta, Melilla, and Europe, where it 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 to cancel the order with a full refund of the price paid. Please note that in any case, we do not make deliveries on Saturdays, Sundays, or holidays.
The delay may be due to the following reasons:
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Delivery area
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Stock breakage
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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 reflect the nature of the discrepancy or problem (e.g., opened package, damaged goods) on the delivery note, and sign it. Then you must 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 correspond to 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 in accordance with 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 time you can still accept the delivery or return the products, bearing 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, it will be understood that the order has been delivered:
At the chosen address: upon signing its receipt to the carrier, at the delivery address you indicated.
For orders delivered to selected Filocolore stores: upon signing the delivery note that the sales assistant will indicate to you.
You must notify the Customer Service Department as soon as possible of cases of non-receipt of goods or delays in delivery exceeding eight (8) business days.
Delivery will be considered impossible after:
a. the carrier attempts delivery and finds no one at your home.
b. the transport agency calls to arrange delivery and is unable to make contact.
In any case, we will leave you a note explaining where your package is located and what steps to follow in order 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 on another day.
In order to avoid the impossibility of delivering your order, we kindly ask that you provide a delivery address where a recipient can always be found.
The risks of the Products will be at your expense 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 the latter occurs later.
How to return or exchange a product.
If you wish to withdraw from the Purchase Contract within the 15-day period indicated in clause 5, or if you wish to exchange a product, you can initiate the process online, quickly and easily, through our returns portal: https://returns.byrever.com/filocolore. You only need your order number and the email address you used to make the purchase; the portal will guide you step by step and provide you with the shipping label.
Alternatively, you can return the product to our Filocolore store, c/ Brusi, 32, Barcelona 08006, by presenting the purchase receipt, or contact us by phone 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.) or by email at info@filocolore.com.
Return the product in its original packaging, along with all accompanying documentation.
After examining the product, we will inform you if you are entitled to a refund. The refund will be made within 15 days from the date you notified us of your intention to withdraw, using the same payment method used to pay for the purchase.
No exchange or return will be accepted for those products that are not in the same conditions in which they were received, or that have been used beyond the mere opening of the product.
11.1 Defective products or order error.
If the product arrives defective or does not match what was ordered, initiate the return through our portal (https://returns.byrever.com/filocolore) or contact us by email at info@filocolore.com or by phone at 931775059. In these cases, Filocolore assumes the cost of the return shipment and, if you wish, the replacement shipment. The refund or replacement will be made within a maximum of 15 days from the confirmation of the return, using the same payment method used for the purchase.
11.2 Returns due to customer dissatisfaction.
If the product received does not meet your needs (size, color, design, etc.), you can request a return or exchange through our portal (https://returns.byrever.com/filocolore) or in our store. In this case, the shipping costs for the return are borne by the customer. The refund will be made within a maximum of 15 days from the confirmation of the return, using the same payment method used for the purchase. The amount will never be paid in cash.
12-FILOCOLORE'S RESPONSIBILITY AND DISCLAIMER.
Filocolore's liability in relation to any Product purchased from the Filocolore Online Shop 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 for which 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 arising as a secondary effect of the main losses or damages, occurring 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 website 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 therein.
All product descriptions, information and materials on this website are provided "as is" and without express, implied or otherwise arising warranties.
The products sold by Filocolore may exhibit the characteristics of the natural materials used in their manufacture. These 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 individual appearance of the product.
Filocolore does not guarantee or represent that:
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the website www.filocolore.com is free of any viruses, worms, trojans 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 therefrom or from the statements contained therein.
The provisions of this clause shall 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 forming part of the website are the property of Filocolore. This website has been designed for the purpose of making the sale of Filocolore products possible, so copying or using part or all of the content of the website does not imply the transfer of any right over them. In this sense, the reproduction, publication, transmission, modification or distribution by any means of the content (software included) that make up this website is expressly prohibited.
Applicable regulations require that some of the information or communications we send to 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 to 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 made 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 Agreement between you and Filocolore is binding on both you and us, as well as on our respective successors, assigns and heirs.
You may not transmit, assign, encumber or otherwise transfer a Contract or any of the rights or obligations derived therefrom in your favor or for you, without having obtained our prior written consent.
We may transmit, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations derived therefrom in our favor or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect your statutory consumer rights or in any way annul, reduce or limit the express or implied warranties that we may have granted you.
We will not be liable for any breach or delay in the performance of any of the obligations we assume 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, failure to exercise, 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 using railways, ships, aircraft, motor transport or other means of transport, public or private.
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Impossibility of using public or private telecommunication systems.
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Acts, decrees, legislation, regulations or restrictions of any government.
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Strike, failures or accidents in maritime or river transport, postal or any other type of transport.
It will be understood that our obligation to perform under any Contract will be suspended during the period that the Force Majeure Event continues, and we will have an extension in the term to fulfill our obligation for the duration of such period. We will use all reasonable means to end the Force Majeure Event or to find a solution by which we can fulfill our obligations under the Contract despite the Force Majeure Event.
If, during the term of a Contract, we fail to insist upon strict performance of any of your obligations under it or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under said Contract or these Conditions, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.
Any waiver by us to demand performance will not constitute a waiver by us to demand subsequent performance.
No waiver by us of any of these Terms and Conditions will 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 Notifications section above.
If any of these Conditions or any provision of a Contract are deemed invalid, illegal or unenforceable to any extent by the competent authority, they will be severed from the remaining Conditions, terms and provisions which will continue to be valid to the extent permitted by law.
These Conditions and any document expressly referred to therein constitute the entire agreement between You and us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or promise made between You and us verbally or in writing.
You and we acknowledge having agreed to enter into this Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by both before said Contract, except as expressly mentioned in these Conditions.
Neither You nor we shall have any remedy against any untrue statement made by the other party, verbally or in writing, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
We have the right to review and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you place each order, unless by law or decision of government agencies we must make changes to said policies, Conditions or Privacy Statement, in which case, the possible changes will also affect orders you have previously placed.
Contracts for the purchase of products through our site will be governed by Spanish law.
Any dispute arising from or related to such contracts will be subject to the non-exclusive jurisdiction of the courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
Your comments and suggestions are welcome. Please send such comments and suggestions to us via our email info@filocolore.com.
13- KLARNA
In order to offer you Klarna’s payment methods, we may pass your personal data in the form of contact and order details to Klarna during the checkout process, in order for Klarna to assess whether you qualify for their payment methods and to tailor the payment methods available to you. Your personal data transferred is processed in accordance with Klarna’s privacy notice.