TERMS AND CONDITIONS

 

The General Terms and Conditions herein shall apply to all purchases of products offered through the website www.pepitoandcocom (hereinafter “Products”), together with offer, Price and description thereof set at said webpage, and where applicable, specific conditions thereof gathered herein (specific conditions) shall rule the legal relationship between PEPITO&Co. (hereinafter PEPITO&CO.) and the CLIENT, comprising the whole agreement by and between PEPITO&CO. and the CLIENT.

 

The Terms and Conditions shall be the time it remains published on the website, and shall make reference to the product purchased at the time said conditions were available.

 

Acceptance of the Terms and Conditions herein by the CLIENT shall be an indispensable requirement to formalize any contract between CLIENT and PEPITO&CO.

 

Identification of the parties

 

(1) Celia B. Jerez, sole and exclusive proprietor of existing rights over PEPITO&CO., CIF ES70878615K, whose address is Puerto de Navacerrada, 13, CP 28038, Madrid, hereinafter “PEPITO&CO.”. PEPITO&CO. is our registered trademark.

 

(2) the CLIENT, whose information has been supplied by himself in the register and clearance forms. All data of said forms have been directly input by him, rendering him directly and exclusively liable for the truthfulness thereof.

 

Object of the Contract

 

By accepting the general conditions herein, PEPITO&CO. agrees to make available to the USER the Products acquired via the website www.pepitoandco.com and the CLIENT undertakes to pay the price set at the time of the purchase.

 

PEPITO&CO. does not allow purchase of its Products offered through the website for resale. Therefrom, credentials provided with the purchase of the product are personal and non-transferrable.

 

Register Process

 

In order to acquired Products offered by PEPITO&CO. via website, www.pepitoandco.com, it is necessary to register in said website.

 

Regarding the register process, the CLIENT is sole responsible for the quality of the data input by him on the forms, and accepts the obligation to supply truthful, accurate and complete data regarding his identity as requested in the forms of register, purchase and credential and to update said registry data so they remain truthful, accurate and complete. However, the CLIENT at any time can modify and/or update his data by accessing the User profile within the website.

 

To register, it is necessary to be of legal age according to Spaniard law, place of residence is not a obstacle.

 

If the CLIENT supply any false, inaccurate or incomplete data, or if SNCARDS have reasonable motives to suspect that said information were false, inaccurate or incomplete, it shall be entitled to deny present or future access and use of the website or any service thereof.

 

Products

 

All information related to Products offered by PEPITO&CO., by way of illustration but not limitation, prices, features, content, benefits, are available to the CLIENT at the PEPITO&CO. website and shall be displayed in each case.

 

PEPITO&CO. aims to display the colors of its products as closely as possible to the actual color. However, the color of the products may be subject to variations depending on the quality of the monitor of your computer. For this reason, PEPITO&CO. cannot guarantee that the colors shown on your monitor are an exact reproduction of the original.

 

Purchase System

 

Prior to acquiring any of the Products offered at www.pepitoandco.com, the CLIENT must register on the website; accept the legal notice, conditions of use and privacy policy.

 

Bear in mind that personal data must be supplied with accuracy to avoid any confusion or problems while rendering the Service.

 

After choosing the Products and Services, in order to acquire them, the CLIENT must complete the corresponding purchase form that will be displayed on screen, together with a summary identifying Products and Services chosen, its total Price, applicable taxes and, where applicable, corresponding shipping fees.

 

Verification of said data shall be solely and exclusively responsibility of the CLIENT. PEPITO&CO. shall not be liable for the CLIENT for mistakes and inaccuracy of the request if PEPITO&CO. had sent Products listed in the request confirmation.

 

If the CLIENT provide false, inaccurate or incomplete data, or if PEPITO&CO. had reasonable motives to suspect that said information were false, inaccurate or incomplete, it reserves the right to cancel the purchase of the CLIENT. In such case, PEPITO&CO. shall notify the CLIENT and proceed to refund the amount paid, deducting expenses generated by the transaction, through the same mean used to pay, within fourteen (14) days following said notice.

 

Once the purchase form is completed, the CLIENT must accept the Conditions herein, once accepted, the CLIENT will be redirected to an on-line paying platform where the purchase can be concluded through any of the accepted payment methods.

 

Once the transaction is confirmed, the CLIENT will receive an e-mail that contains all the information about the Products purchased (description, shipping process, and so on).

 

Failure to receive this message may be due to a temporary communications problem with the network or a mistake in writing the e-mail address given. In both cases, please contact us at hola@pepitoandco.com

 

Prices

 

Features and prices of Products are displayed on screen in euros and include VAT and shall be valid at all times except in case of typo.

 

Prices stated at the website annul all previously published ones and are valid at the times of its publication. PEPITO&CO. agrees to maintain these prices to the extent possible, although it reserves the right to modify them without previous notice, notifying the client at the time of making the request. Prices stated at the website include VAT in force, and shall be itemized in the invoice.

 

PEPITO&CO. will not be responsible for any special duties, custom duties or additional costs for deliveries. PEPITO&CO. reserves the right to modify its retail prices at any time, except for orders that already have been made.

 

Methods of payment and safety

 

PEPITO&CO. accepts orders at any moment, 24 hours a day, every day of the week.

 

Only payments made via credit card VISA, MASTERCARD, AMERICAN EXPRESS or PAYPAL. No other method of payment shall be accepted.

 

Charge shall be made online, that is, real time, through the PAYPAL platform, once data provided have been proved correct.

 

In order to guarantee maximum safety regarding the payment system, PEPITO&CO. takes necessary measures so payments done to acquire Products offered on the website are safe and protected against violation by third parties.

 

For safety reasons, PEPITO&CO. reserves the right to not allow temporarily access to the Products hired. Affected CLIENTS shall be notified. Likewise, PEPITO&CO. reserves the right to cancel an order if data provided by the CLIENT cannot be checked, or it if considers that the CLIENT has purchased the Products and/or Services for resale.

 

PEPITO&CO. shall not be liable for delays on delivery due to lack of authorization by the payment system.

 

Deliveries

 

All orders are delivered by international courier companies.

 

Dispatch times are as follows:

 

• Spain: 72 hours.

• Rest of World: 7 days. Usually dispatched within one week.

• Items are dispatched Monday to Friday, excluding bank holidays.

• The delivery time is between 1 and 5 working days after dispatch.

 

Deliveries will be made to any usual place of residence or place of employment located in one of the countries listed at this website. All deliveries must be signed for on receipt. Once the items have been signed for, they are the responsibility of the consumer. We do not deliver items to PO boxes.

 

Deliveries are not made on Saturdays or Sundays or on bank holidays in each particular region or country.

In order to prevent problems with deliveries (incorrect addresses, not finding anyone at the address) the corresponding form must be filled in correctly, especially the box with a contact telephone number.

 

If you have ordered more than one product, we will wait until all products in the order are available before we ship them, as we do not make partial deliveries.

 

All items delivered by PEPITO&CO. remain our property until PEPITO&CO. has received your payment.

 

Cancelations of orders

 

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased.

 

You must inform us (PEPITO&Co., C/Puerto de Navacerrada, 13, 28038, Madrid) of your decision to cancel your order. You may submit your request contacting us by mail at hola@pepitoandco.com. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item to PEPITO&Co., C/Puerto de Navacerrada, 13, 28038, Madrid.

 

For additional information on the scope, content and instructions for the exercise, please contact us at hola@pepitoandco.com.

 

Effects of Cancellation

 

We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

 

Note that you must send back the goods no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods.

 

You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

 

Exceptions to the Right of Cancellation

 

The right of cancellation does not apply to the supply of goods made to your specifications or clearly personalized;

 

Returns and exchanges

 

If you are not satisfied after receiving your order, you have a period of 14 days from the date of receipt to return or exchange the item(s). In order to return or exchange an order, you must check that it meets the following criteria:

 

• The product must not have been used. The product must be returned in the condition in which it was sent, in the original packaging where possible. If the original packaging is not available, it should be replaced with packaging of a similar size and capacity. The product must be delivered to our offices within 14 days of receipt of your order.

 

When sending items for return or exchange the products should be preferably packaged in their original box, and sent by ordinary certified mail to PEPITO&CO., C/Puerto de Navacerrada, 13, 28038, Madrid. You will have to bear the direct cost of returning these goods.

 

Once we have received the item(s) and checked that it/they comply with the requirements as detailed above, PEPITO&CO. will refund the price you paid for the item(s). PEPITO&CO. is entitled to deduct the initial delivery costs. Direct costs of returning the item(s), will be paid by you except in case of manufacturing default or quality issue where PEPITO&CO.is responsible for the costs of returning the item(s).

 

If the item is returned as a result of a manufacturing default or quality issue for which PEPITO&CO. is responsible, we will refund the entire amount paid within 10 working days. The refund will be made automatically to the credit card or account indicated by the customer, depending on the payment method used by the customer.

 

In the case of exchanges, once we have received the item(s), we will send you the new size or model(s), using the same service as for the original purchase. The purchaser is responsible for all delivery and collection costs.

 

After-sales service and guaranty

 

PEPITO&CO. has an after-sales service to help solve any problem related to our Products or deliveries, offering customers a fast and efficient response, via hola@pepitoandco.com.

 

Our Products are guaranteed against manufacturing defects for 2 years, starting as from the day of purchase.

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Intellectual and Industrial Property Rights

 

PEPITO&CO. warrants the CLIENT to be proprietor of the intellectual and industrial property rights of the Products, or to have the necessary authorization to commercialize them via the website.

 

The CLIENT acknowledges and accepts that the Products, as well as the web content and materials are subjected to Intellectual and Industrial Property rights held by PEPITO&CO. and/or third parties.

All intellectual property rights (including copyright, patents, trademarks, trade names, database rights and design rights) to all of the information and material (including all text logos, graphics and software) provided through this website shall remain the property of PEPITO&CO. or are used with the consent of the relevant rights holders, and are explicitly reserved.

 

Your use of this website and its contents grants no rights or transfer to you in relation to any copyright, designs, trademarks and any other intellectual property rights relating to the Content (defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this website). All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this website are protected by national intellectual property and other laws and international treaty provisions.

 

Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction, distribution, modification or communication to the public is expressly prohibited.

 

Modification of Conditions

 

PEPITO&CO. reserves the right to modify this agreement. IN such cases, the CLIENT shall be duly noticed of said modifications.

 

Severability

 

If any part of the conditions of contract herein were against the law, and thus, invalid, it shall not affect other provisions in compliance with the law. Parties agree to renegotiate those parts of the conditions of contract that were void and to incorporate them into the conditions of contract.

 

Limitation of warranties and liability

 

PEPITO&CO. shall not be liable for delays or errors produced regarding access, functioning and operation of the website or its products, neither for interruptions, suspension or malfunctioning thereof for causes not attributable to PEPITO&CO. or when they are produced by force majeure or extreme urgency such as strikes, attacks or hacker attacks (virus affecting devices that belong to users) or any other unforeseeable circumstance.

 

PEPITO&CO. reserves the right to interrupt access to its webpage www.pepitoandco.com as well as any service thereof or all the contents provided at any time and without previous notice, whether it be for technical, safety, control or maintenance reasons or any kind of network or power supply failure.

 

PEPITO&CO. shall not be liable for service failure, malfunctioning or any other cause or out of its control, or caused by negligence or malicious act by the user or force majeure or acts attributable to third parties.

 

PEPITO&CO. shall not be liable for information, data, images and links published on the website by third parties, without giving warrant of the truthfulness and accuracy of the information made available to users or supplied by users.

 

Likewise, it shall not be liable for direct or indirect damages, consequential damages and/or loss of profits.

 

The CLIENT shall hold PEPITO&CO. free from any liability that could arise from claims filed by third parties regarding the infringement of rights by acts of the CLIENT.

 

Settlement of disputes

 

These Terms and Conditions shall be governed by and construed in accordance with Spanish laws.

 

The parties, without waiving their own jurisdiction or any other that they may be entitled to by law, submit themselves to the jurisdiction of the relevant courts of Madrid for any action and claim that could arise regarding the execution and/or interpretation of these Terms and Conditions.