1. DEFINITIONS

‘General terms and conditions’: these terms and conditions that apply to your purchase of Products with us;
‘Agreement: Every agreement in which we undertake to provide the Products to you provided that the General Terms and Conditions have been complied with; ‘Party/Parties’: you and/or us;
‘Product’: all goods offered for sale on the Website;
‘You/your’: the customer who is a natural person who is acting for purposes which are outside his or her trade, business, craft or profession;
‘Website’: www.tiscarespadas.com
‘We/us/our’: the company as mentioned in article two of these General Terms and Conditions.

 

2. OUR IDENTIFICATION

Who are we:
Tiscar Espadas

26510025H
C/ Federico Gutierrez 19 Local

28027 Madrid
Contact: sales@tiscarespadas.com

 

3. APPLICATION

3.1. These General Terms and Conditions apply to all purchases of our products. When placing an order, you must explicitly accept these General Terms and Conditions and agree to their application. These General Terms and Conditions apply to the exclusion of any other terms and conditions. Unless they have been expressly accepted by us in writing, any general or special terms and conditions are expressly excluded. Despite the foregoing, these General Terms and Conditions do not affect the legal rights that are compulsorily granted to you under United Kingdom’s consumer protection legislation.

3.2. We reserve the right to amend these General Terms and Conditions from time to time. However, the version of these General Terms and Conditions that was applicable at the time the order was placed shall continue to apply between you and us with regard to the sale.

 

4. OFFER AND ACCEPTANCE

4.1. We make all reasonable efforts to make the information on the characteristics of the Products and illustrations of the Products as accurate as possible to the extent permitted by technical means. Certain non-substantial characteristics of a Product may on delivery differ from the photographs and descriptions displayed on the Website. Colors may also vary slightly, depending on the lighting and settings of your computer screen.

4.2. We cannot guarantee that all Products will be available at all times. Our offer is only valid as long as the stock lasts. If you order a Product through the Website that is out of stock, we will inform you as soon as possible by e-mail and you have the right to cancel your order. We are not liable for the temporary or permanent unavailability of a Product on our Website and/or for any damage that would result from the unavailability of a certain Product. We have the possibility to apply specific conditions to a certain offer, such as a limited period of validity. Such specific conditions only apply if they are communicated explicitly and prior to the order.

4.3. We are not bound by an offer if this offer is clearly affected by a mistake or error. Manifest or obvious errors in the quotation, such as obvious inaccuracies, can, to the extent permitted, also be corrected after the conclusion of the contract. We cannot be held liable for any (printing) errors in our prices or conditions.

4.4. Your acceptance of our offer is done by placing the order on our Website. This purchase is binding. We strive to send you a confirmation of the order within fourteen (14) working days at the latest to the email address you have provided.

4.5. We reserve the right to refuse an order due to a serious breach by you in relation to the order in which you are involved.

4.6. In accordance with the Economic Law Code, the Parties explicitly acknowledge that electronic forms of communication create a valid Agreement. We may use all electronic files at our disposal, within the limits of the law, to prove the existence of the Agreement. An ordinary, digital or electronically qualified signature is not an essential requirement of proof.

 

5. OUR PRICES

5.1. The prices of our Products are listed on the Website and are fixed at the time of the order. The indication of the price relates exclusively to the Products as they are described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price. Import duties and import tax, where applicable, are to be paid by the customer. Any other costs charged will be stated separately.

5.2. We have the right to change prices at any time, but we commit ourselves to apply the rates indicated on the Website at the time of your order. If the price change is due to changes in VAT rates, it will be charged to you.

5.3 International customers please note: If you order products for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information and an estimate of their cost before placing your order.

 

6. PAYMENT

6.1. In principle, each payment will be processed immediately and in full, from the moment you place the order. For the payment of our Products, we accept Visa, Mastercard and American Express.

6.2. We will take all reasonable measures to ensure the security of your online transactions. We provide security through the use of specialized parties such as authorized credit card issuers and payment partners.

6.3. For the processing of payments, we use the external payment platform Stripe, Inc. The necessary security measures are provided. These payments are subject to the general terms and conditions of Stripe,Inc., which bears sole responsibility for the correct execution of online payments.

6.4. We postpone our delivery obligations until receipt of full payment of all amounts owed by you. We will at all times retain ownership of all Products ordered until full payment of all amounts due under the Agreement, regardless of whether delivery has already taken place.

 

7. DELIVERY

7.1. We process every order as soon as possible. We will inform you by email about the expected delivery date. We produce high quality garments made by hand and keep low stock. Due to this nature of our business we can not promise a definite delivery date.

7.2. Pre-orders can take up to a few months to manufacture after ordering. You will receive updates about your order status. You will receive an email notification to confirm your order has been dispatched, if you require a tracking number please contact studio@tiscarespadas.com.

7.3. It is your responsibility to enable delivery to the agreed place in your presence or in the presence of a third party designated by you. Delivery shall be considered to have taken place as soon as the ordered Products have been offered to you once. If an offered delivery is unsuccessful due to a shortcoming on your part or due to a shortcoming on the part of a third party designated by you, any costs of new delivery attempts will be entirely at your expense.

7.4. We use reliable external parties, in particular DHL, for the delivery. The use of external parties can influence the delivery. As a result of an order that has been sent but remains undelivered, an investigation will immediately be initiated by the carrier. This takes several days whereby it is not possible to proceed to a refund or another shipment.

7.5. Until full payment has been received, the delivered Products remain our exclusive property. However, the risk of loss or damage shall pass to you as soon as you (or a third party designated by you) take physical possession of the Products. Please note, however, that although you will retain ownership of the Product after payment in full, you will not retain our intellectual property rights (as referred to in Clause 13 (Intellectual Property). Such intellectual property rights shall at all times remain vested in us or our licensors.

7.6. You commit yourself, if necessary, to point out to third parties to our above retention of title, e.g. to anyone who would seize items that have not yet been paid for in full. In this context, you undertake to inform us immediately in writing of any seizure by a third party of the delivered products.

 

8. RIGHT OF WITHDRAWAL

8.1. Every year billions of pounds, millions of tonnes of CO2, and millions of hours of work are wasted on clothes that end up being returned. Globally 30-40% of online bought clothes are returned, of this around 25% ends up in the landfill as shops are unable to resell these returns, due to their substandard conditions. We care about the planet and the effort our craftsmen put into the clothes. Therefore we like to keep the amount of returns to a minimum. We love that you choose for us, and we hope you enjoy your clothes. Although we hope it is not needed, you have the legal right to return your order for an exchange or a full refund within 14 days from when the order arrived to you. If you wish to return an item, please email us at sales@tiscarespadas.com.

8.2 The absolute requirements to be eligible for return or withdrawal are: We urge you to oblige to article 8.1 and not waste but cherish our garments and the planet. Items must be returned unused, unwashed, in perfect condition and in their original packaging.;
Make sure to return the item in such a way that the original packaging will remain undamaged.;
Do not put the original invoice in the box.;
Your package will not be shipped with any return slips. Instead, we ask that you request your return by sending an email to sales@tiscarespadas.com.
For added safety, please ensure all packages with a tracking number. Client is responsible for all return shipping costs.;
If the mistake is on our side you will receive an RMA Slip and a Shipping label. Please include a printed copy of your slip in your package.

8.3 Only regular priced items may be refunded, unfortunately sale items cannot be refunded. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If your return is approved, a refund will be issued back to your original payment method within 5 business days of receiving your return. Once your refund has been processed, a refund confirmation will be sent to the email address provided at checking out. Your financial institution may require additional time to process the refund to your account. Tiscar Espadas reserve the right to reject returns which do not comply with our return policy. Returns that do not respect our policy may be sent back to the original shipping address at our discretion.

8.4 Unless the mistake is on our side, you will be responsible for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of the return shipping will be deducted from your refund.

8.5 We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at sales@tiscarespadas.com with images of the damaged goods with close up images of the style.

8.6 Please read the above carefully, specifically article 8.1. If you wish to return your product, please email us first. You will receive return information my email, the address that is most likely to be used is:

Tíscar Espadas
Calle de Federico Gutierrez, 19, Local
28027 Madrid
Madrid, ES

 

9. GUARANTEE

You have a legal guarantee as prescribed by applicable law.

 

10. CUSTOMER SERVICE

We strive to keep our customers satisfied. Our customer service is therefore at your disposal by e-mail at sales@tiscarespadas.com. We are a small company, but strive to answer you as soon as possible. Any questions, complaints or comments about Products, the ordering process or the use of the webshop can be directed to this address.

 

11. LIABILITY

11.1. To the extent permitted, we cannot be held liable for indirect or consequential damages. Unless excluded by mandatory law, we shall only be liable for damage caused by our failure to comply with our obligations if and to the extent that such damage is caused by our willful and serious fault. We are not liable for any other errors.

11.2. Nothing in these General Terms and Conditions is intended to exclude or limit your statutory rights. In addition, nothing in these General Terms and Conditions is intended to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees); or for fraud or fraudulent misrepresentation.

11.3. Should we nevertheless be held liable, the amount of the compensation will be limited to the total amount paid by you for the Products purchased.

 

12. PROTECTION OF PERSONAL DATA

12.1. The information provided by you is necessary for the processing, handling and completion of your orders and the drafting of the accounts. If this information is missing, your order cannot be carried out. Submitting incorrect or false personal data is considered a breach of the present General Terms and Conditions. Your personal data will only be processed in accordance with our privacy policy https://tiscar-espadas.myshopify.com/pages/privacy-policy.

 

13. INTELLECTUAL PROPERTY

13.1. We guarantee to have the necessary rights to offer our Products. All intellectual property rights and derived rights on these Products remain with us and/or the actual entitled party. These intellectual property rights are understood to mean copyright, trademark, design and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts.

13.2. The content of the Website is our property. This includes: texts, graphs, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to copy, publish, reproduce or use this content in any other way without written consent from us.

 

14. FORCE MAJEURE

14.1. We are not responsible for compliance with our obligations under these General Terms and Conditions in the event of force majeure. Force majeure is defined as the situation in which the performance of our obligations is fully or partially, temporarily or otherwise, prevented by circumstances beyond our control.

14.2. In the event of force majeure, these obligations will be suspended, and we will make all reasonable efforts to limit the consequences of the force majeure situation. In the event that the force majeure lasts longer than two (2) months, each Party shall be entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation (except for the refund of the product paid by you and not delivered).

 

15. GENERAL

15.1. If any provision of these General Terms and Conditions (or part thereof) is declared null, invalid or unenforceable, such nullity, invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining provisions of these General Terms and Conditions. In the event of nullity, invalidity or unenforceability, the Parties will, to the fullest extent possible, negotiate to replace the null, invalid or unenforceable provision (or part thereof) with an equivalent provision that complies with the spirit of these General Terms and Conditions.

15.2. The fact that we fail to demand the strict application of one of the provisions of these General Terms and Conditions cannot be considered as a tacit waiver of our rights and does not prevent us from subsequently demanding strict compliance with these provisions.

 

16. APPLICABLE LAW/COMPETENT COURT

16.1. To the extent permitted by law, all contracts to which these General Terms and Conditions apply shall be governed by United Kingdom law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.

16.2. You may also bring a dispute about these General Terms and Conditions before an independent body. More information can be found at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

16.3. Any dispute concerning the interpretation or application of these General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts where our registered office is located, unless another court is mandatorily required by law.