Terms and Conditions
Terms and conditions
The Purchase Conditions govern the use of the website www.filocolore.es and bind all customers to FILOCOLORE regarding their rights and obligations in relation to the products FILOCOLORE offers.
Because the Terms and 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 Terms and Conditions and our Privacy Statement. Therefore, if you do not agree with all of the Terms and Conditions and the Privacy Statement, you should not place an order, as you represent that you have read and accepted that:
1.1. The person making the purchase is over 18 years of age and has the legal capacity to enter into contractual commitments.
1.2. Orders must be legally valid and must not be speculative, false, or fraudulent. If such an order could reasonably be considered to have been placed, we would be authorized to cancel it and inform the relevant authorities.
1.3. The information you provide is true and correct, and you agree that we will use it to process your order (see our Privacy Statement).
1.4. Orders may be placed on Filocolore.es by individuals and companies to purchase FILOCOLORE products for their own use, with no intention of resale.
1.5. In the event of a stockout due to any unforeseen event or internal error, even if the order for said product has been accepted, the full amount of said product(s) will be refunded.
If you have any questions regarding the Terms and Conditions or Privacy Policy, please write to us at info@filocolore.com or call us at 931775059 (Our opening hours are Monday to Friday, 10:30 a.m. to 2:30 p.m. and 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, SL, with registered office at Brusi 32, Barcelona 08006, and tax identification number B-64809163.
Items offered through www.filocolore.com are only available for shipping within Spain and European countries with Euros. For shipping to other areas, please contact us at our customer service number 931775059 (our opening hours are Monday to Friday, 10:30 a.m. to 2:30 p.m. and 4:30 p.m. to 8:30 p.m.) and we will personally process your purchase.
The contract between you as a customer and Filocolore regarding Filocolore.es products will come into effect from the moment your order has been expressly validated and accepted by us. If your order is not accepted and your account has been charged for the order amount, you will be fully refunded.
The online purchasing process will begin when you click the "Confirm Purchase" button. You will then receive an "Order Confirmation" email, which serves as an acknowledgment of receipt of your order. Receipt of this email does not mean that your order has been accepted. Confirmation of acceptance will occur 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 selected as the pickup point. At this point, the purchase contract between you and Filocolore is formalized. With respect to the products listed in the second email, we will be under no obligation to deliver any products not listed therein.
When you select a product on the www.filocolore.com website, a summary page will be displayed with a photo of the item, a description of the item, its color and reference, the quantity selected, the price per unit, and the total order amount. You must verify that this information accurately reflects your selection before confirming your order. Once confirmed, your order will be sent to FILOCOLORE for processing. Although every possible measure is taken to ensure that the color, design, and style of the product correspond to the original product, the photographs may not correspond exactly for reasons beyond our control. Therefore, FILOCOLORE will not be liable for any errors or inaccuracies that may appear in the photographs or graphic representations of the products displayed on the www.filocolore.com website. If you have any questions regarding the products, you can, of course, contact our Customer Service Department at 931775059 (Our opening 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. If the products you requested are unavailable, 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 date for the product ordered. You may confirm your order by accepting the replacement or new delivery date, or request a refund. However, exceptional circumstances may force us to refuse to process an order after we have sent the Order Confirmation, and we reserve the right to do so at any time.
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 any third party for withdrawing any product from this website, whether or not that product has been sold, removing or editing any materials or content on the website, or for refusing to process an order after we have sent you the Order Confirmation email.
If you purchased the product as a consumer, you have the right to withdraw from the contract at any time within 15 days of receiving the products. In this case, you will be refunded the amount of your order in accordance with our Returns and Exchanges Policy (see Clause 11).
This right to withdraw from the Contract will apply only and exclusively to products returned in the same condition as you received them. You must also include all original documents and packaging for the products. Otherwise, or in the case of used or damaged products, the order will not be refunded.
Product prices will be those listed on the website at any given time, except in the case of obvious errors. 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 upon completion of the order, depending on the method you have chosen.
Filocolore will not be obliged to supply the product(s) to you at the incorrect lower price (even after we have sent you the Dispatch Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
Home delivery service for orders placed on Filocolore.es within Spain will cost €5 for purchases up to €50. For orders between €51 and €100, the delivery cost will be €7.50. For orders between €101 and €250, the delivery cost will be €7.50. ,-€., the shipping cost will be 10 -€.
Purchases over €250 (VAT included) and those collected from a selected Filocolore store will have free shipping.
For orders to Europe, shipping will be €9.99 for amounts up to €50. For orders between €51 and €100, shipping will be €16. For orders between €101 and €100, shipping will be €16. For purchases over €300, shipping will be €24, and it is free for purchases over €300.
Once you've placed your order, all the items you wish to purchase will be added to your cart. The next step is to process the order and then make payment. To do so:
8.1. Click the "cart" button at the top of the page.
8.2. Click the "Go to Checkout" button.
8.3. Fill in or check your contact information, order details, and the address where you would like your order shipped.
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 information will be encrypted.
By clicking "Confirm Purchase" you confirm that the credit card is yours.
Credit cards are subject to verification and authorization by their issuing entity. If the entity does not authorize payment, Filocolore will not be liable for any delay or non-delivery of the order, and we will not be able to enter into any contract with you.
8.4.2. If you choose the payment option by bank transfer , when you select this option, you will see the bank account number to which you must make the deposit or transfer. Once the transaction is confirmed, the order will be processed and delivered within the timeframe specified in section 9 (delivery).
8.5. Click "I accept the Terms and 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 up to 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 continue with the purchase by setting 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 holidays.
The delay may be due to the following reasons:
-
Delivery area
-
Out of Stock
-
Non-payment of the order
-
Unforeseen circumstances
When your order is delivered, you must verify that it has been shipped correctly. If there is any discrepancy or problem with your order upon delivery, you must record the nature of the discrepancy or problem (e.g., package opened, damaged goods) on the delivery note and sign it. You must then contact the Customer Service Department by phone at 931775059 (Our opening hours are Monday to Friday, 10:30 a.m. to 2:30 p.m. and 4:30 p.m. to 8:30 p.m.) or by email at info@filocolore.com.
If the merchandise does not match your order or you are not satisfied with it, you may exchange it for others or return it and request a refund in accordance with the terms and conditions contained in section 11 (Exchange and Return Policy).
Make sure the products you ordered meet your needs. If not, you can still accept delivery or return the products at this time, keeping in mind that the return will be at your expense (for more details, see our Exchange and Return Policy).
For the purposes of these Purchase Conditions, delivery of the order will be deemed to have taken place:
At the chosen address: upon signing for receipt from the carrier, at the delivery address you provided.
For orders delivered to selected Filocolore stores: upon signing the delivery note provided by the salesperson.
You must notify the Customer Service Department as soon as possible in cases of non-receipt of goods or delays in delivery exceeding eight (8) business days.
Delivery will be considered impossible after:
a. the carrier arrives and finds no one at home.
b. that the transport agency calls by phone to arrange delivery and is unable to contact you.
In any case, we'll leave you a note explaining where your package is and what steps to take to have it sent back to you.
If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.
To avoid undeliverable delivery of your order, please provide a delivery address where a recipient can always be reached.
The risks of the Products will be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in respect of them, including shipping costs, or upon delivery, whichever is later.
General Policy.
If you wish to withdraw from the Purchase Contract within the 15-day period specified in clause 5, you must notify us using our Returns Form. Please return the product as soon as possible, along with the duly completed Form, to the address indicated therein. This 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 eligible for a refund. The refund will be processed as soon as possible and, in any case, within 15 days of the date you notified us of your intention to withdraw, using the same payment method used to pay for the purchase. You will assume the cost and risk of returning the products to us, as indicated above.
Products that are not in the same condition as when you received them, or that have been used beyond the mere opening of the product, will not be exchanged or returned.
If you have any questions, you can contact us through our contact form or by calling 931775059 (Our opening 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 (defect or fault) upon delivery, you must contact us immediately, following the instructions for returning the product, at no cost to you, as shown on the Returns and Exchanges Form.
The product must be sent to the address indicated on the Returns and Exchanges Form that you will receive with the product upon delivery.
You can also contact Filocolore by email at info@filocolore.com, providing details of the product and the damage it has suffered, or by calling 931775059 (Our opening 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 returned product will then be carefully examined, and we will notify you by email or phone whether we consider a return or replacement appropriate. The return or replacement of the product will be processed as soon as possible, within 15 days of the date we send you the email.
The amount paid for products returned due to defects, provided that Filocolore expressly confirms this, will be fully refunded, including any shipping costs incurred in returning the product to Filocolore, using the same payment method used to pay for the purchase.
If you do not wish to have the defective product replaced, depending on the payment method you selected when placing your order, you will be refunded the return shipping cost. If you wish to have the defective product replaced with another in perfect condition, Filocolore will also cover the shipping costs. (Depending on the payment method, see points 11.1.1.a to 11.1.1.b).
11.1.1.a. Return of products paid for 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 we will have indicated when you contacted us to process the return. This credit will be issued once the product has been inspected and no later than 15 days after we notify you that the return is appropriate.
Please note that if the refund is for a gift, the amount will be credited to the same card used for payment, never to another card, and never to a bank account.
11.1.b. Return of products paid for 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 indicated when you contacted us to process the return. This credit will be issued once the product has been inspected and no later than 15 days after we notify you that the return is appropriate.
11.1.2. Return due to an error in the delivery of a product
In the event that you receive a product that is not the one ordered in your purchase, whether you want the ordered product sent to you again or not, the same rule will apply as for defective products (depending on the payment method, see points 11.1.1.a to 11.1.1.b), and you will not pay any shipping costs for its return.
The product must be sent to the address indicated on the Returns and Exchanges Form that you will receive with the product upon delivery.
You can also contact Filocolore by email at info@filocolore.com with the product information, or by calling 931775059 (Our opening 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 returned product will then be carefully examined, and we will notify you by email or phone whether we consider a return or replacement appropriate. The return or replacement of the product will be processed as soon as possible, within 15 days of the date we send you the email.
The amount paid for returned products, provided there is express confirmation from Filocolore, will be fully refunded, including any expenses you incurred in returning the product to Filocolore.
If you do not wish to have the product replaced, depending on the payment method you chose when placing your order, you will be refunded the return amount.
11.1.3. Return due to customer dissatisfaction
In cases where you consider that the product received does not fit your needs, whether due to size, color, design, etc.
a) If you pick up the item(s) in store: you can return the item(s) to the same store, and the refund for the returned item(s) will be issued using the same payment method used to pay for the purchase. Cash refunds will never be issued.
b) If delivered to the address chosen by you:
You must contact Filocolore by email at info@filocolore.com providing the product details, or by calling 931775059 (Our opening 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.), providing the product details and the reason for the return.
You must send us the product to the address indicated on the Exchange and Return Form that you received with your order, attaching said form, ASSURING THE COST AND RISK of the return.
Once we receive the product, we will check its condition and notify you by email if the return is appropriate.
If the return is appropriate, we will refund the amount of the product using the same payment method you selected within a maximum of 15 days after we notify you that the return is appropriate. 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 charged to the same credit card you used to pay for the order. Shipping costs will not be refunded.
If the return is not eligible, we will contact you to explain why we cannot refund the product, and we will return it to you postage due, which you will be responsible for paying 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 eligible, we will contact you to explain why we cannot refund the product, and we will return it to you postage due, which you will be responsible for paying upon delivery.
11.2 Changes
If you wish to exchange the product for another product upon receiving it, FILOCOLORE will exchange it taking into account that:
a) If you pick up the item in store: you may exchange the item(s) at the same store. You must receive a refund for the exchanged item(s) using the same payment method used to pay for the purchase. Cash refunds will never be issued. The full amount of the product you do want must be paid in store using the payment method of your choice.
b) If delivered to the address chosen by you:
You must report the change and the reasons to info@filocolore.com:
-
If it is due to dissatisfaction, please read the conditions in the Returns for Dissatisfaction section.
-
In case there was an error in the shipment, read the conditions in the section Returns due to Error
You must send the product in perfect condition to the address indicated on the Returns and Exchanges Form you receive with your order. Shipping costs will be your responsibility.
If the new product to be shipped is:
-
of a lower amount than the one you return: we will refund the difference by deducting the cost of the second shipment
-
of a higher amount than the one you return: you will have to pay the difference plus the costs of the new shipment before we send you the new product
-
of the same amount as the one you return: you must pay the cost of the new shipment before we send you the new product.
12-FILOCOLORE'S LIABILITY AND EXEMPTION FROM LIABILITY.
Filocolore's liability in connection with any Product purchased from the Filocolore Shop Online shall be strictly limited to the purchase price of that Product.
Nothing in these Purchase Conditions excludes or limits in any way our liability:
-
In the event of death or personal injury caused by our negligence
-
In case of fraud or fraudulent misrepresentation
-
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 and to the extent permitted by law, and unless otherwise provided in these Terms, we will not accept any liability for indirect damages that arise as a side effect of the main loss or damage, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including but not limited to:
-
-
loss of income or sales
-
loss of business
-
loss of profits or loss of contracts
-
loss of anticipated savings
-
data loss and
-
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, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless expressly stated otherwise.
All product descriptions, information, and materials appearing on this website are provided "as is" and without warranties of any kind, express, implied, or otherwise.
The products sold by Filocolore may exhibit characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots, and color, are not considered defects or flaws. We only select products of the highest quality, although natural characteristics are inevitable and should be accepted as part of the product's individual appearance.
Filocolore does not warrant or represent that:
-
the www.filocolore.com website is free of any viruses, worms, Trojan horses or other destructive materials;
-
the information contained on the filocolore.com website is accurate, complete or up-to-date;
The www.filocolore.com page may contain inaccuracies or other errors, and Filocolore does not guarantee that any such errors will be corrected, and its content is provided on an "as is" and "as available" basis.
Filocolore assumes no liability, express or implied, including, but not limited to, any warranties implied or arising from the filocolore.com website or its contents as appropriate for a specific or specific use, relating to the quality of the website or its contents, or relating to any breaches that may arise from them 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 elements of the website are the property of Filocolore. This website has been designed for the purpose of selling Filocolore products. Therefore, copying or using part or all of the website content implies the transfer of any rights to them. Therefore, the reproduction, publication, transmission, modification, or distribution by any means of the content (including software) contained on 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 agree that most communications with us will be electronic. For the purposes of the purchase contract, you consent to 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.
Any notifications you send us should preferably be sent via our email address info@filocolore.com.
Notifications will be deemed to have been received and properly served 24 hours after an email is sent. To prove that notification has been served, it will be sufficient to prove that the email 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 assigns.
You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations arising from it to or from you without our prior written consent.
We may assign, transfer, encumber, subcontract, or otherwise transfer a Contract or any of the rights or obligations arising under it to or from you at any time during the term of the Contract. For the avoidance of doubt, such assignments, encumbrances, or other transfers will not affect your statutory rights as a consumer or invalidate, reduce, or otherwise limit any warranties, whether express or implied, that we may have provided to you.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
Force Majeure Events shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
-
Strikes, lockouts or other protest measures.
-
Civil commotion, riot, 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 using trains, ships, airplanes, motor vehicles 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.
-
Strikes, failures or accidents involving maritime or river transport, postal transport or any other type of transport.
Our obligation to perform under any Contract will be deemed suspended for the period in which the Force Majeure Event continues, and we will have an extension of time to perform our obligations for the duration of that period. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution by which we can perform 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 the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies which we are entitled to exercise or pursue under the Contract or these Terms, that shall not constitute a waiver of those rights or remedies and shall not relieve you from compliance with those obligations.
Any waiver by us of any right to performance shall not constitute a waiver by us of any right to 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 communicated to you in writing in accordance with the Notices section above.
If any of these Conditions or any provision of a Contract is held by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall be severed from the remaining Conditions, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to herein constitute the entire agreement between you and us relating to the subject matter of this Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
You and we acknowledge that we have entered into this Agreement without relying on any representation or promise made by the other party or that may be inferred from any statement or writing in the negotiations between us prior to this Agreement, except as expressly stated in these Terms.
Neither you nor we will have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the other party's sole remedy will be for breach of contract in accordance with these Conditions.
We have the right to review and modify these Terms at any time.
You will be subject to the policies and Terms in effect at the time you place each order, unless we are required by law or by decision of government agencies to make changes to such policies, Terms or Privacy Statement, in which case, any changes will also affect orders you have previously placed.
Purchase contracts for products through our site will be governed by Spanish law.
Any dispute arising out of or in connection with such contracts shall be subject to the non-exclusive jurisdiction of the courts.
If you are contracting as a consumer, nothing in this clause affects your rights as a consumer under current legislation.
Your comments and suggestions are welcome. Please send them to us via email at info@filocolore.com.
13- KLARNA
In order to offer you Klarna payment options, we may share your personal data in the form of contact information and order details with Klarna during the checkout process. This information allows Klarna to assess your eligibility for Klarna's payment options and to tailor the payment options available to you. Your transferred personal data is processed in accordance with Klarna's privacy notice .