Conditions of use and legal notices

1. ACCEPTANCE OF THE TERMS OF USE AND CONDITIONS

These terms of use and conditions apply to this website and your use of it. We also have a privacy policy and a cookie policy.

In this way, the terms and conditions apply to the acquisition of goods from the website and are incorporated in this document constituting a contractual agreement between Mercajeans Group SL and the buyer.

To accept the terms, in their entirety, when using this Website. You can do it in two ways:

(1) click "accept" or "I agree" in connection with the Terms, when offered such an option, or

(2) effectively use the Website.

BY VISITING OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS IN THEIR ENTIRETY.

The Terms are subject to change at any time, in which case you will be notified in advance.

2. PRIVACY POLICY

CapitanDenim.com's Privacy Policy is applicable to the use of this website. If you wish to consult our Privacy Policy, refer to point 19. We take security very seriously, so your personal data will be protected. We use industry standard encryption protocol, Secure Socket Layer (SSL) technology, and other reasonable measures to protect your data from unauthorized use or disclosure. All sensitive data, such as payment information, is encrypted and transmitted over a secure channel using SSL encryption.

3. FOREIGN SALES

Anyone is free to visit our website and place orders. However, due to our logistics processes, on this website you can only accept orders within Spain. If you want the product to be delivered to another country, contact us at info@capitandenim.com and tell us where the order should be delivered.

4. OWNERSHIP OF THE WEBSITE, ITS CONTENT AND TRADEMARKS

This website is the property of Mercajeans Group SL. All materials on the Website, including text, graphics, data, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artistic content, computer code and other materials, as well as copyright, Trademarks, corporate image or other intellectual and industrial property rights over said materials, all of which together form the "Content", are owned and/or controlled and/or licensed by Mercajeans Group SL.

The Website and its Content are intended solely and exclusively for personal and non-commercial use. You may download or copy the content and other downloadable materials displayed on the Website solely for your personal use. No right, title or authority in downloaded or copied Content will be transferred by downloading or copying Content. You may not reproduce (except as provided above), publish, transmit, distribute, display, disclose, alter, modify, create derivative works from, sell, exploit, or otherwise use the Content or the Website. for public or commercial purposes.

5. USE OF THE WEBSITE

To access the website, visit it or otherwise use it, you must be over 16 years of age. In addition, to register and place orders online, you represent that you are 16 years of age or older and must have legally obtained a means that allows you to make electronic payments, such as a Visa, MasterCard or American Express credit/debit card. Likewise, you declare yourself responsible for guaranteeing that all the data you provide us at any time is correct and complete.

By using the Site, you agree not to use any deep link, robot, or any other automatic or manual device, software, program, code, algorithm, or method to access, copy, or monitor any portion of the Site or the Content, or reproduce or circumvent in any way the navigation structure or the presentation of the Web or the Content, nor obtain or attempt to obtain any material or information through means that we have not purposely provided for it on the Web.

By using the website you agree not to obtain or attempt to obtain unauthorized access to any part or function of the Website, or to any other system or network connected to it, as well as to any of the servers, systems or networks of our collaborating entities through illegal computer access, illegal collection of passwords, or other illegitimate methods of data access.

By using the website you agree not to probe, explore or test the vulnerability of the website or any network connected to it, nor circumvent the security or authentication measures of this website or any network connected to any other. You agree not to use reverse engineering to consult, track or attempt to track the information of any other visitor to the website, or of any other client of Mercajeans Group SL, including any purchase account that does not correspond to you, however it may be, with the purpose of discovering material or data, including, without limitation, personal data as defined in European data protection legislation (including Directive 95/46/EC) (hereinafter "personal data") or any other information that , in a reasonable way, could be used to relate non-personal data with personal data.

You also agree not to forge titles or otherwise manipulate identifiers in order to disguise the origin of any message or transmission you send to us through or on any website or service offered or accessible from any website. . You agree not to impersonate another person or falsely represent that you represent another person.

6. COMMUNICATION WITH THE USER AND USER CONTENT

We welcome your suggestions and comments on how to improve our website, our products and our 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 or proprietary, and will not be considered as such, and you agree to waive your right to be identified as the author of the user communication.

You represent and warrant that all content you submit as User Communication is yours and original, that you own all legal rights to the content, and that the content does not and will not infringe the rights of any other person or entity. Based on this, it is prohibited to publish or send illegal, threatening, defamatory, libelous, obscene, pornographic or irreverent material that could constitute or encourage conduct considered a crime or that could give rise to a claim for civil liability, or violate the law. in any other way.

7. ACCOUNTS, PASSWORDS AND SECURITY

To access some features or services on the website, you will need to open an account (which involves setting up an account ID and password) and share personal data. Please see our Privacy Policy for information about our protection of personal data.

You must do everything necessary to ensure that your password is confidential and secure since you are responsible for all transactions that occur or are carried out with it. Please notify us immediately if you have reason to believe that an unauthorized person has gained access to your password, or if your password is being used or is likely to be used in an unauthorized manner. We are not responsible in any case for any loss or damage resulting from the fact that you have not adequately protected your password and/or account.

8. PRODUCTS AND SALES

product descriptions

When describing and providing images of our products on the web, we try to be as accurate as possible. However, we do not guarantee that the product descriptions are 100% accurate, complete, reliable, up-to-date or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions in product descriptions, prices, and availability at any time without notice.

Colors and finishes

We make every effort to display the colors and finishes of our products as accurately as possible on this website. However, we cannot guarantee that your computer monitor's view of any color will be accurate, complete, reliable, or error-free. So the colors and finishes should be considered indicative and have no binding/contractual value.

Transportation

When placing an order on our website, we will send it to the address you have indicated (as long as it is within Spain). We may require verification of information before accepting the order or shipping it. We reserve the right, without notice, to limit the quantity of any product or service on orders (for example, in order to prevent the acceptance of false orders) and to refuse to serve any customer (for example, in cases where those whose payment information cannot be verified).

9. HOW TO PLACE AN ORDER

To place an order, you must follow the online purchase procedure and click on "Authorize payment". Following this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). We will also notify you by email that the product is being shipped (the "Shipping Confirmation").

10. AVAILABILITY OF THE PRODUCTS

All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will offer you the possibility of refunding any amount you may have paid.

11. DELIVERY

Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send the order within the period indicated on the website. If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Keep in mind, in any case, that we do not make home deliveries on holidays, or on Saturdays or Sundays.

If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we can't find a safe place, your order will be returned to our warehouse and we'll leave you a note explaining where your order is and how to have it shipped to you again. If you are not going to be at the delivery location at the agreed time, please contact us to arrange delivery on another day. In the event that 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved.

12. CHANGES IN THE WEB AND IN THE CONTENTS

We reserve the right to: modify, suspend or discontinue any of our Websites or services, content, features or products offered through the website, with or without notice.

13. DISCLAIMER; LIMITATIONS OF LIABILITY; COMPENSATION

At Mercajeans Group SL we make reasonable efforts to ensure that the information offered on our website is accurate, complete, correct and up-to-date. However, errors can occur. If the information provided contains errors, or if certain information is not available, we will try to make the necessary corrections as quickly as possible.

We will also try to protect our Website by all reasonable means and limit any inconvenience due to technical failures as far as possible. However, we cannot rule out the possibility of erroneous technical actions or unauthorized interventions. In addition, our Website will require maintenance from time to time. For all these reasons, we cannot guarantee permanent and uninterrupted access to our website.

We will use reasonable efforts to protect our website from computer viruses and other "malware". Taking into account the nature of these dangers, you accept that we cannot offer absolute protection and that you will take the necessary measures to protect your computer system, therefore we will not be responsible under any circumstances for indirect or consequential damages related to the use of our Website.

14. APPLICABLE LEGISLATION

It is your responsibility to know and obey all applicable local and international laws, statutes, rules and regulations (including minimum age requirements) relating to the use of our website.

If any part of these Terms is declared invalid, that provision will be ineffective but will not affect any other part of the Terms.

We greatly appreciate the relationship with our customers and their satisfaction. That is why we do not want to limit your legal options in any way if you believe your rights have been violated. Although, we would prefer that in this case you first contact us at info@capitandenim.com to see if we can solve it.

Access to, visits to, and use of the website and any transactions resulting from it, and the Terms (including these Terms of Use) are governed by and should be construed in accordance with Belgian law, without regard to account the rules on conflict of laws.

15. OUR DATA

The sale of products through this website is carried out under the name of Capitan Denim by Mercajeans Group SL, with CIF B02544575 and fiscal address at C/ Larga, 11, 02230 Madrigueras (Albacete)

16. ADDITIONAL ASSISTANCE

If you have questions or want more information about the Terms, send an email to Customer Service, call us at +34 628 475 236, or write to info@capitandenim.com

17. RETURN POLICY

• - 17.1 Legal right to withdraw from the purchase Right of withdrawal.

  You have the right to withdraw from this purchase-sale contract within a period of 14 calendar days without the need for justification. To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email.

  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 additional costs resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction. You will not incur any costs as a result of the reimbursement. Notwithstanding the foregoing, we may retain the refund until we have received the goods, 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 collection service within a maximum period of 14 calendar days from from the date on which you notify us of your decision to withdraw from the contract.

• - 17.2 Common Provisions

  You will not have the right to withdraw from the contract under the following conditions:

  Personalized items or with the bottoms made.

  Used articles.

  Defective items, whose defect has been caused by misuse or any cause not attributable to Mercajeans Group, SL

  Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the / the product(s) while they are in your possession. Please return the item using or including all of its original packaging, instructions, and other accompanying documents.

  Returns via messenger/courier.

  You must contact us so that we can organize the collection at your address. You must deliver the merchandise in the same package that you received it, following the instructions that you will find in the "Orders and returns" section on this website.

• - 17.3 Returns in the Canary Islands, Ceuta and Melilla

  If you wish to exchange or return a product that had been delivered in the Canary Islands, Ceuta or Melilla, you may do so in accordance with the provisions of this clause. You must contact us to arrange the collection of the product by a courier and make the return at your own cost.

• - 17.4 Change of size or model

  In cases where you consider that the size of the purchased product does not fit your needs, and without prejudice to the right of withdrawal that assists you legally and contractually, you may request a change in size or model in the "Orders and returns" section. ” section of this web page and select the size or model for which you wish to exchange the first product purchased.

  Once the change has been requested, you must first deliver the product through a messenger/Courier that we will send to your address, or send it to us by your own means.

  You must in any case deliver the product without undue delay and, in any case, within a maximum period of 14 calendar days from the Request for Change on the website.

  You must deliver the merchandise in the same package that you received it, following the instructions that you will find in the "Orders and returns" section on this website. We will send you the new order consisting of the product whose size or model you have selected again within 2-3 working days from the request for the change and, in any case, within a maximum period of 30 days from said request. date. This option will not incur an additional cost for you.

• - 17.5 Returns of defective products

  In cases where you consider that at the time of delivery the product does not conform to the provisions of the contract, you must contact us immediately through our contact form, providing the product data as well as the damage it suffers. You can return the product by sending it to our address or delivering it to a courier that we will send to your address when requesting the collection. We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the refund or replacement of the product is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate. The amounts paid for those products that are returned due to some defect or defect, when it actually exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The refund will be made in the same means of payment that was used to pay for the purchase.

18. CONDITIONS OF SALE TO PROFESSIONALS

The sale of products to clients registered as professionals on the capitandenim.com website will be subject to the acceptance of the following conditions:

• - There is no minimum order. The purchase of complete packs or entire collections will not be mandatory, the customer can buy the units they want of the product they want.

• - The term of service of the orders will be, normally, 48 hours. In the event that the order were to suffer delays in delivery due to stock reasons or others attributable to the seller, the customer would be notified in advance.

• - Merchandise returns are not allowed, once the sale has been made.

• - All products will be subject to the legally established guarantee that will cover damages and defects attributable to faults in the manufacture of the garment. The guarantee will not cover damage caused by misuse of the product or by poor care of it when washing it, ironing it, etc., in this sense, the products will carry a label that establishes the care and instructions to be taken into account when washing and ironing the garment.

• - All purchases will be subject to the legally established taxes in the country where the buyer resides (VAT, Equivalence Surcharge, etc.)

19. DATA PROTECTION

• For the purposes of compliance with the provisions of Organic Law 15/1999, of December 13 and the provisions of the European Regulation 2016/679 General Data Protection (RGPD) in force as of May 25, 2018 Mercajeans Group SL informs the User that the personal data that the User provides throughout the contracting process will become part of a file owned by Mercajeans Group SL with address at Calle Larga, 11, 02230 Madrigueras – Albacete and will be treated with the purpose of placing the order.

  To have a client account at www.capitandenim.com, users must be previously registered. The information collected through said registration will be stored in a file owned by Mercajeans Group SL. The purpose of said file is to process customer orders and make their shopping experience easier and faster. Once registered, customer information will be automatically filled in for future purchases.

  Likewise, with your consent, Mercajeans Group SL will use said file to send you, by email or regular mail, information about special offers, launching new products, etc.

  Mercajeans Group SL ensures that the information contained in its property file will not be provided to third parties with the exception of entities necessary for the correct processing of the provision of the service (carriers, financial entities, etc.).

  In addition, your data may be transferred to public bodies and authorities (administrative or judicial) in those cases in which a legal norm so establishes.

  The information will be collected on the Captain Denim server using the SSL protocol and will be encrypted before transmission, guaranteeing the confidentiality of your data. The server automatically recognizes the IP address, the date and time the data was recorded, as well as the data that was downloaded from that address.

  The User may exercise their rights of access, rectification, cancellation and opposition to the processing of their personal data by attaching a copy of their identity document on both sides, by writing to Mercajeans Group SL, with address at Calle Larga 11, 02230 Madrigueras - Albacete or by e-mail to the account info@capitandenim.com.

  The Client declares that each and every one of the data provided to Mercajeans Group SL in the contracting procedure is correct and authorizes Mercajeans Group SL to verify the correctness of the data.

  The data marked with an asterisk in the forms or indicated as mandatory during the contracting process that occur throughout the contracting process are mandatory. Your lack of completion or incorrect completion will prevent the processing of the order.