GENERAL PURCHASE CONDITIONS
These General Purchase Conditions regulate the use of the website www.blackflamingo.shop (hereinafter “The Website”) of which Diana del Pozo Infante (hereinafter Black Flamingo) is the owner.
Diana del Pozo Infante is a natural person residing for the purposes of notifications at Calle San Juan de Letrán 7, 4th floor, 29012 Málaga and with NIF number 76875350N.
The use by the customer of the services of the online store presupposes, in any case, adherence to the General Conditions of Purchase in the version published at the time of the purchase order. Therefore, it is advisable for the customer to read these General Conditions before proceeding to make a purchase.
1. SCOPE OF THE CONTRACT
These General Purchase Conditions apply to the sale of all Black Flamingo items through its website throughout the European Union.
Black Flamingo informs that its website is exclusively directed to an audience over 18 years of age. Black Flamingo reserves the right to cancel a client’s access account if fraudulent, speculative or bad faith acts are detected in the use of this service.
2. PURCHASE LIMIT
For security reasons, purchases over 1,500€ or with more than 25 items per order cannot be made.
The applicable prices are those indicated on the website on the date of the order. The prices are detailed in each article and include VAT (Value Added Tax), when applicable. The amount of shipping costs will be indicated to the customer in a detailed manner at the time the order is placed. The prices on the web are shown in euros (€).
Payment will be made at the end of the purchase process and will be an essential condition for its formalization. In no case can the payment be made later. Payment through deferred procedures such as cash on delivery or transfer is not supported.
Payment methods accepted: Purchases can be paid with a Visa®, Mastercard®, Bizum® credit card as well as with a 4B or 4B Maestro debit card.
Black Flamingo provides the customer with the possibility of making their purchase through the PayPal® system. The free choice by the customer of this method of payment will carry a 3€ surcharge on their purchase.
In any case, the choice of the method of payment is made during the purchase process on the corresponding screen.
The client must notify Black Flamingo of any undue or fraudulent charge on the card used for purchases, by email or by phone, in the shortest possible time so that it can take the appropriate steps. Suppliers or issuers of methods of payment may adopt anti-fraud measures that lead to the rejection of certain types of operations. Black Flamingo is not responsible for the application of these types of security policies.
The address indicated by the client may be a private address, a place of work or any other address. The billing address and shipping address do not must match.
The delivery period will be a maximum of 30 calendar days from the completion of the purchase. The delivery of the orders will be made at the address indicated by the client, taking into account the following characteristics.
The shipment will be prepared within 24-48 business hours after the order is confirmed on our website.
Once the order is prepared and ready for shipment, the delivery time will depend on the country and city of destination. This period may be altered in specific periods, such as sales, special days, etc.
The cost of shipping will also be calculated based on the country and city of destination
5.1 Delivery cost and estimated delivery time
The customer must pay the following shipping costs.
In any case, local taxes, duties and customs clearance, if any, will be paid by the customer at destination, upon delivery of the merchandise.
Shipments up to 3kg:
- Peninsula: The shipment will be carried out through the company “Correos Express” and will cost € 4.5. The delivery time is estimated in 1 or 2 business days from the departure of our warehouses.
- Baleares, Ceuta and Melilla: The shipment will be carried out through the company “Correos” and will cost € 7. The delivery time is estimated from 3 to 5 business days from the departure of our warehouses.
- Canarias: The shipment will be carried out through the company “Correos” and will cost € 15. The delivery time is estimated in 5-8 business days from the departure of our warehouses.
- Europe: Shipments to European territory will include exclusively those in which the delivery address is within the European continent, expressly excluding islands or overseas territories.
- Portugal: The shipment will be carried out through the company “Correos” and will cost € 6. The delivery time is estimated from 3 to 5 business days from the departure of our warehouses.
- France, Italy, Germany, Belgium, Netherlands, Luxembourg, Austria, Denmark, Finland, Ireland, Sweden, Bulgaria, Czech Rep., Croatia, Slovakia, Slovenia, Estonia, Greece, Hungary, Latvia, Lithuania, Poland and Romania: The shipment will be carried out by the company “UPS” and will cost € 16. The delivery time is estimated from 3 to 7 business days from the departure of our warehouses.
*** The client accepts that the delivery dates indicated above are estimates and do not imply a commitment on our part in any case, since said service will be carried out by an independent company outside of Black Flamingo.
5.2 Delivery incidents
In case of not being able to make the delivery due to the absence of the recipient, the transport agency will leave an indicative note and will try to contact the recipient by phone.
– For shipments destined for Spain and Portugal, 2 delivery attempts will be made (Correos and Correos express).
– For the rest of the shipments to any country in Europe detailed in the previous point (with UPS), only one delivery attempt will be made. After the unsuccessful attempt, UPS will deliver the package to a UPS Access Point for collection.
To avoid this type of situation, we strongly recommend verifying that the delivery address is correct and properly tracking the order with the tracking number that we provide.
The costs associated with a possible return of the product due to the absence of the recipient in the delivery must be borne by the customer.
6. CHANGES, RETURNS AND WITHDRAWAL
Changes: No changes are made due to a wrong choice of size or a decision to change the model or color. Each garment comes with precise specifications of its measurements for a correct choice at the time of purchase. To make a change in size, color or model of an item purchased in our online store, you must manage it as a withdrawal.
6.1 CONDITIONS, COST, REFUND AND PROCEDURE
Right of withdrawal: You have 14 calendar days from the receipt of the product / s to withdraw your purchase without the need for justification in accordance with the provisions of the Retail Trade Law of the Spanish Territory.
Returns: Black Flamingo will be liable for any lack of conformity that is manifested within the period established in the legal regulations.
Cost: The cost of shipping associated with the withdrawal is borne by the customer. The shipping cost associated with the return of a defective product will be borne by Black Flamingo
In case of return due to tare or defect; Black Flamingo will reimburse the corresponding amount, including the standard shipping costs of the initial delivery (we will bear the return costs) without undue delay and, in any case, within 5 working days of receipt and review of the garment / s on our part. The refund will always be made by issuing a purchase coupon with an expiration date of no more than 90 calendar days from the date of issue.
In case of withdrawal: Black Flamingo will reimburse the corresponding amount, not including the initial shipping costs or the costs derived from the return of the garment (which must be borne by the customer), within 5 working days of receipt and review of the garment / s by us. The refund will always be made by issuing a purchase coupon with an expiration date of no more than 90 calendar days from the date of issue.
Send the product to Black Flamingo, C / San Juan de Letrán 7, Piso 4º, 29012 Málaga, including the completed document attached to the shipment (Return and withdrawal form), downloadable here.
7. OPERATION OF THE PURCHASE COUPON
The customer will have 90 calendar days to redeem said coupon, after this period the coupon will be canceled automatically. Once you want to redeem your coupon, the customer must place a new order by entering the corresponding code of his purchase coupon received in the email that the customer provided us.
8. PRODUCT AVAILABILITY
If there are incidents regarding its supply or if there are no products in stock, the customer will be informed immediately and the amount of the product or products without stock will be reimbursed. Black Flamingo will refund the corresponding amount without undue delay and, in any case, before 14 calendar days have elapsed. The refund will be made by the same means of payment with which it was paid.
9. GUARANTEE OF THE PURCHASED PRODUCTS
The guarantee offered is the one established in Spanish Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.
10. CUSTOMER SERVICE
For any doubt, suggestion, query or claim about the online store, you can contact the Customer Service, by any of the following methods:
-Phone: +34 611 19 36 35. Calls or messages will be answered from 9 a.m. to 5 p.m (CEST).
– Email: firstname.lastname@example.org
– Post: Black Flamingo, C/ San Juan de Letrán 7, Piso 4º, 29012 Málaga.
-Through the mechanisms that we provide you on our website: contact form or whatsapp
In addition, we have official Complaint Sheets available to consumers and users, which can be submitted to the postal address and email indicated above. You can request them by calling +34 611 19 36 35 or through the website of the “Junta de Andalucía” at the following link; https://ws231.juntadeandalucia.es/hoja/hojas/impresionFrom.do
The Black Flamingo Customer Service will attend and respond to your claim as soon as possible, and in any case within a maximum period of one month. In the event that your request is not resolved satisfactorily, you may go to the ordinary jurisdiction or process your claim through the website http://ec.europa.eu/odr, which will provide a free single point of access for the extrajudicial resolution.
11. MODIFICATION OF THE GENERAL PURCHASE CONDITIONS
Black Flamingo reserves the right to modify these General Purchase Conditions at any time. No modification will affect orders that are already in progress.
12. FORCE MAJEURE
The compliance by Black Flamingo of all or part of its obligations will be suspended in the event of a fortuitous event or force majeure that prevents or delays performance. They will be considered as such, in particular, without this list being limiting: war, riots, insurrection, social unrest, strikes of any nature and supply problems not attributable to Black Flamingo. Black Flamingo will inform the client of such a fortuitous event or force majeure within seven days after its occurrence. In the event that said suspension is prolonged beyond a period of fifteen days, the client will then have the possibility to rescind the order in progress and will then proceed to reimburse it under the conditions provided in point 6 of these General Purchase Conditions.
13. APPLICABLE LAW AND JURISDICTION
These General Purchase Conditions are subject to Spanish legislation. Notwithstanding the foregoing, the non-resident consumer in Spain also enjoys the protection guaranteed by the mandatory provisions of the law of the country where they have their habitual residence. The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of Malaga.