In this fashion, the terms and conditions apply to the procurement of goods from the website and is included in the present document constituting a contractual agreement between Mercajeans Group SL and the purchaser.
Acceptance of the terms and conditions, in their entirety, when using this Website may be carried out in two ways:
(1) click "OK" or "agree" in relation to the Terms and Conditions when such option is offered to you, or
(2) use the Website effectively.
BY ACCESSING OR USING THE WEBSITE IN ANY OTHER MANNER WHATSOEVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND CONDITIONS IN THEIR ENTIRETY.
The Terms and Conditions are subject to change or modification at any given moment, in which case you will be notified in advance.
Anyone is free to visit our website and place orders. Nevertheless, due to our logistical processes, this website can only accept orders from within Spain. If you wish the product to be delivered to another country, please contact us at email@example.com and advise as regards where the order should be delivered.
This website is owned by the Mercajeans Group SL. All materials on the Website including text, graphics, data, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artistic content, software code and other materials, as well as copyright, trademarks, corporate image or other intellectual and industrial property rights over said materials, all of which make up the "Content", are owned and/or controlled and/or licensed by Mercajeans Group SL.
The Website and the Content thereof are intended solely and exclusively for personal and non-commercial use only. You may download or copy the content and other downloadable materials which are displayed on the Website for your private use only. No right, ownership, title or authorisation will be conveyed as regards the Content downloaded or copied by the download or copy thereof. You may not reproduce (except in the manner specified above), publish, convey, distribute, display, disclose, alter or modify the content or the website, nor create works derivative therefrom, sell, exploit or otherwise use said works with public or commercial purposes.
To access the website, visit or otherwise use same, one must be over 16 years of age. Furthermore, to register and place orders online, you hereby represent that you are 16 years of age or older and must have legally obtained a means to make electronic payments, such as a Visa, MasterCard or American Express credit/debit card. You likewise responsible for ensuring that all data which is furnished by you is at any given moment correct and complete.
By using the website, you hereby accept not to use any deep link, robot or any other device, software, programme, code, algorithm or automatic or manual method to access, copy or monitor any part of the Website or the Content, nor reproduce or circumvent in any manner whatsoever the navigation structure or the presentation of the Website or the Content, nor obtain or try to obtain any material or information through means which we have not purposely provided for that purpose on the Website.
By using the website you hereby accept not to obtain or attempt to gain unauthorised access to any part or function of the Website, nor to any other system or network connected thereto, nor to any of our servers, systems or networks of our collaborating entities through illegal computer access, unauthorised compilation of passwords, or other illegitimate data access methods.
By using the website you hereby accept not to probe, scan or test the vulnerability of the website or any network connected to the Site, nor breach the security or authentication measures whether on this website or any network connected to any other site. The acceptance of the obligation not to use reverse engineering to consult, track, or attempt to undertake same of the information of any other visitor on the website, or any other customer of Mercajeans Group SL, including any purchase account which does not correspond to you, be that as it may, with the intention of discovering materials or data, including but not limited to, the personal data which is defined in the European Personal Data Protection legislation (including Directive 95/46/EC) (which hereinafter shall be referred to as "personal data") or any other information which may be reasonably be used to link non-personal data to personal data.
You likewise accept not to falsify the ownership or otherwise manipulate identifiers in order to disguise the origin of any message or transmission you send to us on or through this Website or any service offered on or is accessible from any website whatsoever. You hereby accept not to impersonate any person or to falsely state that you represent another person.
We appreciate your suggestions and comments on how to improve our website, products and services. Notwithstanding any material, information, suggestion, idea, concept, experience, technique, question, comment or other transmission or publication on this website (a "user communication") is not confidential nor implies property rights, nor will it be considered as such, and you hereby accept to waive your right to be identified as the author of the user communication.
You hereby represent and warrant that all content which you submit as user communication is your own and original content, where you own all legal rights to the content and that it does not breach or will not breach the rights of another person or organisation. On this basis, the posting or forwarding of illegal, threatening, defamatory, libellous, obscene, pornographic or profane material which may constitute or encourage conduct considered to be a criminal offence or that could give rise to a civil liability suit, or to breach the law in any other manner whatsoever is strictly prohibited.
You must do everything necessary to ensure that your password is confidential and secure given that you are responsible for all transactions which take place or are undertaken with same. Please notify us immediately if you have reasons to believe that an unauthorised person has accessed your password, or if your password is used or likely to be used in an unauthorised manner. We shall not be held liable under any circumstances whatsoever for any loss or damage resulting from the fact that you have not adequately protected your password and/or account.
By describing and providing images of our products on the website, we attempt to be as accurate as possible in that regard. Nevertheless, we do not guarantee that product descriptions are 100% accurate, complete, reliable, up-to-date or free from errors. We reserve the right to correct any typographical error, inaccuracy or omission as regards product descriptions, prices and availability, at any given moment and without prior notice.
Colours and finishes
We put every effort in displaying the colours and finishes of our products as precisely as possible on this website. Even so, we cannot warrant that the image displayed on your computer monitor of a certain colour is accurate, complete, reliable and free from errors. Therefore the colours and finishes should be considered as guidelines only and have no binding/contractual value.
When placing an order on our website, we will send that order to the address which you have specified (provided that it is within Spain). We may require verification of the information prior to accepting or sending the order. We reserve the right, without prior notice, to limit the quantity of any product or service in the orders (for example, in order to avoid the acceptance of false orders) and to refuse to serve any customer (for example, in cases wherein the payment information cannot be verified).
In order to place an order, you must follow the online purchase procedure and click on "Authorise payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). We will likewise advise via email when the product is being shipped (the "Shipping Confirmation").
All orders are subject to product availability. If there are difficulties as regards the supply of products or if there are no items in stock, we will offer you the option to reimburse any amount that you may have paid.
Unless there are circumstances derivative from the customisation of the products, or extraordinary or unforeseen circumstances occur, we will send the order within the delivery deadline period specified on the website. If for any reason whatsoever we cannot meet the delivery date, we will advise you of this circumstance and will give you the option to continue with the purchase by setting a new delivery date or to cancel the order with the refund in its entirety of the price paid. Please note, that in either event, we do not make home deliveries on public holidays, Saturdays, or Sundays.
If it is impossible to deliver your order, we will try to find a secure location where to leave it. If we cannot find a secure location, your order will be returned to our warehouse and we will leave you a note explaining where you can find your order is and how it can be shipped again. If you are not going to be at the delivery place at the agreed time, please contact us to arrange an alternative delivery date. In the event that after 15 days from the date your order is available for delivery, the order has not been delivered for reasons not attributable to ourselves, it will be understood that you wish to withdraw from the contract and said contract shall be considered as rescinded.
We reserve the right to: amend, suspend or discontinue any of our Websites or services, contents, functions or products offered through the website, with or without prior notice.
At Mercajeans Group SL we undertake all reasonable efforts to ensure that the information offered on our website is accurate, complete, correct and up to date. Nevertheless, errors may occur. If the information furnished contains errors, or if certain information is not available, we will endeavour to carry out the necessary corrections as quickly as possible.
We will likewise attempt to protect our Website by all reasonable means and to limit any inconvenience due to technical failures as far as possible. Nevertheless, we cannot rule out the possibility of technical actions which are incorrect or unauthorised interventions. Furthermore, our Website will require maintenance on occasion. Therefore, we cannot warrant continue and uninterrupted access to our website.
We will make reasonable efforts to protect our website from computer viruses and other "malware". Taking into account the nature of these risks, you hereby accept that we cannot offer absolute protection and that you will take the necessary measures to protect your computer system, reason why we shall not be held liable under any circumstances whatsoever for any incidental or consequential damages related to the use of our Website.
It is your responsibility to know comply with all applicable local, international, statutory, rules, legislation and regulations (including minimum age requirements) as regards the use of our website.
If any part of these Terms and Considerations is held to be invalid, that provision shall be rendered null and valid without effect but this will not affect the remaining Terms and Conditions.
We greatly appreciate the relationship with our customers and the satisfaction of the latter. That is why we do not wish to restrict your legal options in any manner whatsoever if you believe that your rights have been infringed. Although, we would prefer that in that case you first contact us at firstname.lastname@example.org to see if we can solve the problem.
Access to the website, visits made as well as the use thereof and any transaction whatsoever resulting therefrom, and the Terms and Conditions (including these Terms and Conditions of Use) are governed by Belgian law and must be interpreted in accordance therewith, without taking into consideration the conflict of laws rules.
The sale of products through this website is carried out under the name Capitan Denim by the Mercajeans Group SL, holder of Corporate Tax (CIF) number B02544575 and address for tax purposes at C/ Larga, 11, 02230 Madrigueras (Albacete)
Should you have questions or would like further information as regards the Terms and Conditions, please send an email to Customer Service Department, call us on +34 628 475 236, or send an email to email@example.com
- 17.1 Legal right to withdraw from the purchase. ("Cooling Off"). Right of withdraw.
You have the right to withdraw from the present sales-purchase contract within 14 calendar days without justification. To exercise the right of withdrawal, you must notify us as regards your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or electronic mail.
Consequences of withdrawal
In the event of withdrawal by you, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from the election by you of a delivery method other than the least costly method of delivery that we offer) without undue delay and, in either event, no later than 14 calendar days from the date on which we are notified of your decision to withdraw from the present contract. We will proceed to undertaking the payment of such refund using the same method of payment used by you for the initial transaction. No additional costs will be incurred as a result of the refund. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, and verified that they are in good condition. . You must return or deliver the products directly to our address Mercajeans Group SL, Ctra. Albacete, Km.1 – 02230 Madrigueras (Albacete), or, through our courier service within a maximum period of 14 calendar days from the date in which you notified us of your decision to withdraw from the contract.
- 17.2 Common provisions
You will not entitled to withdraw from the contract under the following conditions:
Customised items or with the hems taken up.
Defective items, the defect of which has been caused by misuse or any grounds non-attributable to Mercajeans Group, SL
Your right to withdraw from the contract will apply only to those products which are returned under the same conditions in which they were received. No refund will be made if the product has been used beyond the mere opening thereof, the products which are not in the same conditions in which they were delivered or that they have undergone certain damage, so you must be careful with the product(s) whilst in your possession. Please return the item using or including all original packaging, instructions and other documents which may be included with the product.
Returns via courier
You must contact us so we can arrange the return pick up at your address. You must deliver the merchandise in the same package in which it was received, following the instructions in the "Orders and Returns" section on this website.
- 17.3 Returns in the Canary Islands, Ceuta and Melilla
If you wish to change or return a product which has been delivered in the Canary Islands, Ceuta or Melilla, you may do so in accordance with that specified in this Clause. You should contact us to arrange the collection of the product by a courier and bear the costs of returning the product.
- 17.4 Size or model change
In cases in which you consider that the size of the product purchased does not meet your needs, and notwithstanding the right of withdrawal which you are guaranteed contractually and by law, you may request a size or model change in the "Orders and Returns" section of this website and select the size or model for which you wish to change the first product purchased.
Once the change is requested, you must deliver the product first through a courier which we will send to your home, or send the product to us by your own means.
You must in either event deliver the product without undue delay and, in any case, within a maximum period of 14 calendar days from the Change Request on the website.
You must deliver the merchandise in the same package in which it was received, following the instructions in the "Orders and Returns" section on this website. We will send you the new order consisting of the product whose size or model has been selected again within 2-3 business days from the change request and, in either event, within a maximum period of 30 days from said date. This option will not entail an additional cost for you.
- 17.5 Returns of defective products
In cases in which you consider that at the delivery deadline of the product does not comply with that stipulated in the contract, you must contact us immediately through our contact form providing the product data as well as the damage occasioned to same. The product can be returned by sending same to our address or by delivery using a courier that we will send to your address when requesting the collection. We will carefully inspect the returned product and will notify you via email within a reasonable time if reimbursement or replacement (where appropriate) is required. The refund or replacement of the item will be made as soon as possible and, in either event, within 14 days after the date that an email was sent confirming that the refund or replacement of the nonconforming article is due. The amounts paid for those products which are returned due to a defect or flaw, when it actually exists, will be fully refunded, including the delivery costs incurred to deliver the item and the costs that you incurred in returning the product to us. The refund will be made using the same method of payment as used to pay the purchase.
The sale of products to clients registered as professionals on the capitandenim.com website will be subject to the acceptance of the following terms and conditions:
There is no minimum order. The purchase of complete packs or entire collections is not obligatory, the client will be able to purchase the desired units of the product as required.
The service delivery deadline for orders will normally be 48 hours. In the event that the order was to undergo delays in delivery due to stock or other charges attributable to the vendor, the client would be advised in advance.
No refunds of merchandise, once the sale is made are accepted.
All products will be subject to the legally stipulated warranty which will cover damages and defects attributable to failures in the manufacture of the garment. The warranty does not cover damages caused by misuse of the product or by poor care of the product when washing, ironing etc., in this regard, the products will be labelled with care and instructions to be taken into account when washing and ironing the garment.
All purchases will be subject to legally stipulated taxes in the country where the purchaser (VAT, Additional VAT etc.)
- 19.1 Principle of information
Pursuant to that set forth in Article 5 of Organic Law 5 of 15/1999 of 13 December, on Personal Data Protection (which hereinafter shall be referred to by its initials in Spanish LOPD), you are hereby expressly, precisely and unequivocally advised that all the data furnished by you, through the forms posted on our website for this purpose or any other compilation channel thereof, as well as those generated during your relationship with our organisation, will be subject to processing in the files under the responsibility of Mercajeans Group SL, for the purposes of the maintenance and compliance of the relationship of the service recipient with our organisation and the provision of services derivative therefrom.
Likewise pursuant to that set forth in the aforementioned LOPD and in Law 34/2002 of 11 July, on Services of the Information Society and Electronic Commerce (which hereinafter shall be referred to by its initials in Spanish, LSSI-CE), you are hereby advised that your data may be used for the purposes of sending commercial and courtesy communications related to our organisation via telephone, ordinary mail, fax, email or equivalent electronic means of communication.
Likewise, you are hereby advised that your data will be assigned in all cases where it is necessary for the development, compliance and control of the relationship of the service recipient with our organisation or in the cases authorised by regulations having the same legal force as Law and in particular, wherever one of the following assumptions applies: The processing or assignment is intended to comply with a legitimate interest of the data controller or the assignee under the aegis of said regulation; b) The processing or assignment of the data are necessary for the data controller to comply with a duty imposed by said regulation.
- 19.2 Principle of consent
The consent to the processing of your data for the purposes described in the preceding section will be understood as rendered with the user registration or the completion of an order, as well as in either event in which this data is requested.
- 19.3 Obligatory nature of the requested data
The completion of each and every one of the fields which appear on the forms posted on our website for this purpose is obligatory (otherwise, fields marked with an asterisk will be of obligatory completion). The refusal to furnish your data would entail the impossibility of the maintenance and compliance of the relationship of the service recipient with our organisation, given that these are necessary for the provision of services derivative therefrom.
- 19.4 Principle of data quality
The service recipient will be solely responsible for the veracity and accuracy of the data furnished, Mercajeans Group SL acting in good faith as a mere service provider.
In the event that the service recipient furnishes false information or that of third parties without their consent to do so, shall be personally liable to Mercajeans Group SL, those affected or interested parties, the Spanish Data Protection Agency and, where appropriate, autonomous data protection authorities, of the responsibilities derived from such circumstance.
Mercajeans Group SL does not compile data from persons under fourteen years of age through its website. In the event that a person under fourteen of age furnishes his/her data through the forms posted on our website for this purpose or any other channel of collection thereof, that data will be immediately destroyed at the same time that one is made aware of such circumstance.
In order to comply with that set forth in Article 4.3 of the LOPD, the service recipient hereby undertakes to notify Mercajeans Group SL the changes that occur in his/her data, so that they respond truthfully to his/her current situation at any given moment.
- 19.5 Navigation Tracking Tools
Our website may use navigation tracking tools through same and the IP address of the service recipient, with the purpose of improving and guaranteeing the provision of services and the technical operation thereof.
- 19.6 Principle of data security
Mercajeans Group SL hereby undertakes to comply with its obligation of confidentiality as regards personal data and its duty to maintain same and to adopt the necessary technical and organisational measures to guarantee the security of personal data and prevent the alteration, loss, processing or unauthorised access thereof, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether caused by human action or the natural or physical environment, implemented in Title VIII of Royal Decree 1720/2007, of 21 December, wherein the implementing regulations of Organic Law 15/1999, of 13 December, on protection of personal data was approved.
- 19.7 Exercise of rights
In compliance with the provisions of the LOPD and Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of the same, the recipient of the service can exercise, at any time, their rights of access, rectification, cancellation and opposition to the person responsible for the file or the treatment, attaching a photocopy of your ID.
The person in charge of the file or the treatment is Mercajeans Group SL with address for the purposes of notifications at Calle Larga, 11, 02230 Madrigueras - Albacete
- 20.1 Applicable regulations
Pursuant to Article 22(2) of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (which hereinafter shall be referred to by its initials in Spanish, LSSI-CE), which sets forth the following:
Service providers may use data storage and retrieval devices on recipient's terminal equipment, provided that said recipients have given their consent after having been furnished with clear and comprehensive information as regards its use, in particular, on the purposes of the data processing, pursuant to that set forth in Organic Law 15/1999, of 13 December on Protection of Personal Data.
Where technically feasible and effective, the recipient's consent to accept the data processing may be facilitated by using the appropriate browser parameters or other applications' settings, provided that said recipient configures said settings during the installation or updating thereof through a specific action for said purpose.
The foregoing shall not prevent any possible storage or access of a technical nature for the sole purpose of carrying out the transmission of a communication via an electronic communications network or, to the extent which is strictly necessary, for the provision of the information society service specifically requested by the recipient.
Exempted from compliance with the obligations set forth in Article 22.2 of the LSSI-CE are cookies used for any of the following purposes:
Those which exclusively allow communication between the user's computer and the network.
Those which exclusively service to provide a service expressly requested by the user.
- 20.2 Types of cookies according to their purpose
A cookie is a small text file which is downloaded onto your computer when accessing certain web pages. Cookies enable a website, among other things, to store and retrieve information about the user's browsing habits or his/her computer and, depending on the information contained and how his/her computer is used, may be used to recognise the user.
Technical Cookies: Are those cookies which enable the user to browse through a website, platform or application and to use the different options or services available, such as for example, to control data traffic and communication, session identification, to access restricted access areas, recalling the different elements of an order, to carry out the process of placing an order, to process the application for registration or participation in an event, to use security features during browsing, to store contents for dissemination of videos or sound or share content through social networks.
Personalisation Cookies: Are those cookies which enable the user to access the service with certain predefined general characteristics based on a series of criteria in the user's terminal such as for example, the language, the browser type through which the service is accessed, the regional settings from the service is accessed etc.
Analytical cookies: Are those cookies which are enable the person responsible for same, to monitor and analyse user behaviour on the websites to which they are linked. The information compiled through this type of cookies is used to measure website, application or platform activity and for the profiling of user browsing of said websites, applications and platforms, in order to implement improvements based on a usage data analysis of how the service is used.
Advertising cookies: Are those cookies which enable the management, as efficiently as possible, of the advertising spaces that, where applicable, the editor has included in a webpage, application or platform from which it provides the requested service based on criteria such as the edited contents or the frequency at which the advertisements are displayed on the website.
CBehavioural Advertising Cookies: Are those cookies which enable the management, as efficiently as possible, of the advertising spaces that, where applicable, the editor has included in a webpage, application or platform from where the requested service is rendered. These cookies store user behaviour information obtained through the continuous observation of a user's browsing habits, which enables the development of a specific profile to display advertising accordingly.
- 20.3 Principle of information
Pursuant to that set forth in Article 5 of Organic Law 15/1999, 13 of December 13, on the Protection of Personal Data (which hereinafter shall be referred to by its initials in Spanish LOPD), you are hereby expressly, precisely and unequivocally advised that the information obtain through the cookies which are installed in your computer will be used for the following purposes:
The recipients of the information obtained through the cookies which are installed on your computer will be the following organisations:
The editor responsible for the website and data controller: Mercajeans Group SL
- 20.4 Principle of consent
The consent for the installation of the cookies will be understood by ticking the box related to the acceptance of the "Cookies Policy" available for that purpose on our website.
In cases where the user does not expressly state whether or not he/she accepts the installation of the cookies, but continues to use the website or the application, it will be understood that the latter has given his/her consent, expressly informing our organisation of the option of blocking or deleting any cookies installed on your computer by configuring the browser options installed on your computer.
- 20.5 Optional nature of the installation of cookies
Whilst the acceptance of the installation of cookies on your computer is optional as regards yourself, the refusal to install cookies may entail that the functionality of the website be limited or not possible, which would render impossible the provision of services by our company through said website.
- 20.6 Disabling cookies
The user at any given moment may change the configuration of cookies, block or disable cookies. To that end consult the help section of your browser.
Mercajeans Group SL shall not be held liable for the content and veracity of the third party cookies policies.
- 20.7 Principle of data security
Mercajeans Group SL hereby undertakes to comply with its duty of confidentiality as regards personal data and its duty to maintain same and to adopt the necessary technical and organisational measures to guarantee the security of personal data and prevent the alteration, loss, processing or unauthorised access thereof, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether caused by human action or the natural or physical environment, implemented in Title VIII of Royal Decree 1720/2007, of 21 December, wherein the implementing regulations of Organic Law 15/1999, of 13 December, on protection of personal data was approved.
- 20.8 Exercise of rights
Pursuant to that set forth in the LOPD and Royal Decree 1720/2007 of 21 December, wherein the implementing regulations thereof were approved, the service recipient may exercise, at given moment, his/her rights of access, rectification, cancellation and opposition to the data controller or data processor, attaching a photocopy of his/her national identity (DNI) document.
- 20.9 Data controller or data processor
The data controller or data processor is Mercajeans Group SL with address for notification purposes at C/ LARGA, 11 MADRIGUERAS (ALBACETE) 02230, attaching a photocopy of his/her national identity (DNI) document.
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