Legal Notice

General Information About the Website

In compliance with the content of Law 34/2002 dated 11 July, on Services for the Information Society and Electronic Commerce (LSSICE), the general details are given below of the website www.blackmarino.com 

Business name: BlackMarino Co.. N.I.F.: 25729642-A.. info@blackmarino.com

Use of The Website

The website www.blackmarino.com  is made available as information related with the activities carried out by BlackMarino. This website is an Internet sales channel for clothes and accessories. Those using the web, by accessing and browsing, are obliged to use it in accordance with current legislation at all times and under the conditions established by this legal notice, generally accepted morals and good customs and public order.

The user shall respond to BlackMarino and/or third parties for any loss or damage they may cause through non-compliance with this obligation.

GENERAL TERMS OF CONTRACT

Introduction

The purpose of this document is to establish and regulate the rules of use as well as the safeguarding of data of the website blackmarino.com, which is to be understood as all the pages and the content thereof belonging to the entity BlackMarino Co., (hereinafter, BlackMarino).

The use of this page, contracting of the services made available to users through such and any sales transactions carried out in our virtual shop all imply your full, unreserved acceptance of all of the clauses and stipulations contained in these Terms and Conditions of Use and Sales Terms, for which reason you should be aware of the importance of reading them.

In any case, if you have not read and accepted these Terms and Conditions of Use and Sales Terms and/or do not agree with them and with the Privacy Policy, please do not place an order.

Applicable legislation

As explained above, the use of this page, contracting of the services made available to users through such and any sales transactions carried out in our virtual shop all imply your full, unreserved acceptance of all of the clauses and stipulations contained in these Terms and Conditions of Use and Sales Terms.

In addition to said Terms and Conditions of Use and Sales Terms, the online sales process in Spain taking place through this website will be regulated by the Spanish legislation in force at any given time.

General information

- Titular: BLACKMARINO

- C.I.F.: 25729642-W

- Contacto: E-mail de contacto: info@blackmarino.com.

Activity

The purpose of the entity BlackMarino Co. is the retail sale of fashion, textile, clothing and accessory products.

Contents and Information Provided on The Website

The language used by BlackMarino on the website will be Spanish, without detriment to the use of other national or autonomous languages to facilitate users' use and browsing thereof. Nonetheless, BlackMarino shall not be liable for users' lack of understanding of the language of the website, nor for any consequences thereof.

BlackMarino reserves the right to change the sales offer presented on the website (changes to products, prices, promotions and other commercial and service terms and conditions) at any time.

BlackMarino makes every effort within its means to offer the information contained on the website in a truthful manner with no typographical errors. In the event that any error of this type should occur at any time, despite BlackMarino ' best efforts to avoid such, we will proceed immediately to correct such. Should there be any typographical errors in any of the prices shown that should result in your making a purchase decision based on said error, BlackMarino will notify you of said error and you will be entitled to cancel your purchase free of charge.

The content of the BlackMarino website may occasionally show provisional information on certain products. In the event that the information provided should not correspond to the characteristics of the product, you will be entitled to cancel your purchase free of charge.

Sales system

Formalisation of purchases

Once your order has been placed, which in any case requires acceptance of these Terms and Conditions of Use and Sales Terms and confirmation of the purchase, BlackMarino will send you an email confirming the details of the purchase made.

Prices

All product prices indicated on the website include VAT and any other taxes that should apply.

Purchases that are to be delivered within the territory of any European Union member state will be subject to VAT. Purchases that are to be delivered to territories of States that are not members of the European Union, or to the Canary Islands, Ceuta or Melilla, will be exempt from VAT.

The shipping cost is indicated in the breakdown when placing your order.

Additionally, products added to your basket will always reflect the most recent price shown on the product details page. This price may go up with respect to the price shown at the time you added the product to your basket. Therefore, the fact that you have added a product to your basket does not mean that you can buy it for the price shown at that time. On the other hand, it is also possible for the price of a product to go down after you have added it to your basket.

If an error is detected in the price of any product requested before we send it to you, even if you have received the purchase confirmation email, we will proceed to the immediate rectification thereof, whereby if the correct price is lower, we will refund you the difference and if the correct price is higher, we will contact you and offer you the option of confirming your order at the correct price or cancelling your order. We are under no obligation to supply any product at a lower price when we have made a pricing error and notified you of the error before sending you your order.

Payment method and delivery costs

You undertake to pay when placing your order.

The purchase receipt corresponding to the purchase order will be available for you to view in the "my account" section of the website in "my orders and returns".

The amount corresponding to your order must be paid via credit or debit card (Visa, MasterCard, American Express, Visa Electron and/or other similar cards) or through PayPal. The issuing bank of the card used to make the payment must obligatorily be a Spanish financial entity.

In the event of any undue or fraudulent charge on the card used for the purchases, please notify BlackMarino as soon as possible via email or telephone so that we can take the appropriate action.

BlackMarino uses the maximum security measures commercially available in the sector. Additionally, the payment process operates on a safe server using the SSL (Secure Socket Layer) protocol. With the SSL protocol, the safe server establishes a connection through which the information is transmitted encrypted using 128 bit algorithms, which ensures that it can only be understood by your computer and that of the website, thus guaranteeing:

that you are sending your data to BlackMarino server centre and not to any other that might attempt to pose as this. that your data is transmitted to BlackMarino server centre encrypted, avoiding any possible reading or tampering by third parties.

Additionally, BlackMarino declares that it does not have access to confidential data in relation to the payment method used. Only the Redsys "Sabadell" payment platform and PayPal have access to this data for the purpose of managing the payments and charges, which are inaccessible to other third parties.

The shipping costs will depend on the total purchase amount and the delivery point. The shipping costs may be paid by BlackMarino where there is a promotion that specifies this advantage. These free shipping promotions are normally subject to a minimum purchase amount.

Deliveries to the Canary Islands and Ceuta y Melilla will be subject to customs and/or importation costs in addition to the order amount. Canary Islands (approx.) €18 DUA + 7% IGIC. Ceuta y Melilla (approx.) 18€ DUA + 7% clothing / 10% footwear IPSI. Customers pay the corresponding customs and/or importation costs.

For international shipping, write to us at orders@blackmarino.com. (For international shipping, please contact us at orders@blackmarino.

Shipping and delivery of products

BlackMarino undertakes to deliver products in perfect condition to the address you specify on the order form and which must in any case be found on the Spanish mainland or in the Balearic Islands. In order to optimise delivery, we ask that you please provide an address to which the order can be delivered during normal working hours.

The order will be sent to the delivery address you give us, provided this is in Spain (mainland and Balearic Islands). This can be different from your billing address.

BlackMarino accepts no liability for any errors in delivery when the delivery address you provided on the order form does not correspond to reality or has parts missing.

The established estimated period for delivery is from 24 to 48 working hours from the time you place your order. This estimated period is merely a guide and may vary, particularly during sales and over Christmas and Black Friday. You will not be entitled to any compensation for such delays. For orders to Ceuta, Melilla, the Canary Islands or the Balearic Islands, the estimated transit period for express delivery is 2-3 days and for international deliveries this is 2 to 7 days, depending on the destination country.

For more information, it is important to bear in mind that the procedure during this time is as follows: confirmation of the validity of the order, preparation of orders and shipping through a courier company (MRW). Once the order is on its way, MRW will notify you via SMS or email to confirm that the order has left our warehouses and should be delivered to the address provided when placing the order within a period of 24 to 48 hours.

These are average periods and therefore estimates. For this reason, they may vary for logistical reasons or as a result of force majeure. In cases of delayed delivery, BlackMarino will notify you once it becomes aware of this.

Deliveries are considered complete from the moment the courier company makes the product available to you, indicated through the control system used by the courier.

In the event of delivery delays attributable to BlackMarino, you may cancel your order in accordance with the procedure described in the "returns procedure" section. Cases where the courier has tried to deliver your products within the agreed period but has been unsuccessful for reasons attributable to you will not be considered delayed delivery.

The same SMS/email informing you that the product has left BlackMarino warehouses will provide the shipping number and customer service number of the courier company responsible for the delivery so you can contact them in the event of any incident in the delivery to resolve such.

Should you be absent at the time of delivery, the courier company will leave a note indicating how to proceed to collect the package. A SMS will be sent to you indicating where and how you can pick up your package to guarantee that delivery takes place.

Should 15 working days elapse after the order goes out for delivery without delivery being possible, the package will be returned to BlackMarino ' warehouse and you will bear the shipping and return costs of the merchandise, in addition to any possible associated handling fees. These costs will be deducted from the purchase price of the returned order which will be refunded.

If the reason for which delivery could not take place is that the package has been lost, our courier will begin an investigation. In these cases, the response times of our couriers tend to be between one and three weeks.

Please check the condition of the package in front of the courier agent delivering the requested product on behalf of BlackMarino and indicate any anomaly you should detect in the packaging on the delivery slip. If, on checking the product subsequently, you should detect any incident such as blows or signs that it has been opened or that any damage has occurred during shipping, you undertake to notify BlackMarino of this fact via email as soon as possible and within a maximum of 7 working days of delivery.

Buyer's rights and returns policy.

Availability of the product

The details regarding stock availability in the physical and online shops shown on our website are there purely as a guide and may vary.

BlackMarino will do everything in its power to meet users' demand for products. However, due to causes out of the control of BlackMarino, such as human error and incidents in the IT systems, the amount actually available in our inventory may occasionally be less and we may not be able to carry out the sale.

Should an incident occur in relation to supply or should there be none of a particular product left in stock, you will be informed as soon as this is detected and we will proceed to refund the cost of the unavailable product or products. Scalpers will refund the corresponding amount without undue delay and, in any case, within a period of 14 calendar days. The refund will be made using the same payment method used for purchase.

In the event that one product in an order should be unavailable but the others available, you will be informed of the partial cancellation of your order via telephone or email. Partial cancellation of the order due to lack of availability does not entitle you to the total cancellation of the order. If said partial cancellation should result in your wishing to return the product(s) delivered, please follow the instructions in the returns section.

Returns policy and product guarantee

Conditions

The returns conditions mentioned do not affect the legally-recognised rights of consumers and users in relation to guarantees and after-sales services, which shall be governed by the regulations in force at any given time.

If, for whatever reason, you should be unsatisfied with your order or if you should receive another product by mistake or find any type of defect, you can return this within the following 30 days. There are various conditions a product must meet in order to receive a refund:

It must not be used. It must not be damaged in any way. It must still have its label on and the packaging must be the same box it was sent in or something similar so as not to damage the content.

Returns procedure

At BlackMarino we care about the satisfaction of our customers, which is why we always try to facilitate the purchase processes carried out on scalperscompany.com. You'll find our sales, exchange and returns conditions below. Nonetheless, should you have any questions, please do not hesitate to contact us; we will be delighted to help you resolve any doubts as quickly as possible.

Conditions for exchanges/returns

You have 30 days from the receipt of your order to return or exchange any items, free of charge, both in a store and online. The BlackMarino product should be in the same condition as when your received it; without signs of use, all labels attached and in the original packaging. We cannot accept the return any item that is not in perfect condition. You can choose one of the following returns options:

Returns via post

Follow the steps below for online returns. Remember, we do not accept prepaid postage returns.

Step 1. Prepare your returns. Place the items you wish to return in a box, alongside the delivery receipt. If you do not have this receipt, you can also print the order confirmation email, or if you are registered with scalperscompany.com you can find the order confirmation in “My Account”. Do not forget to include one of these receipts with the item you wish to return. If we do not have one of them, it will be impossible to identify you and successfully offer you a refund.

Step 2. Tick the box that best describes the reason for the return and includes this document in the parcel.

Step 3. Take the parcel to a post office or mailing centre and request proof of purchase. You must retain the proof of purchase until you receive the requested refund. Unfortunately, we can only offer a refund for returns if we receive the proof of postage. Give the courier the correctly sealed and packaged item.

Step 4: Send your order to the following address:

BLACK MARINO CO.

C/Dr Jeronimo Garriga nº5

29639 Benalmádena

Málaga Spain

Step 5. Refund: Once your item arrives at our central warehouse, the Customer Service department will be in contact with you to confirm the refund. Refunds take approximately 15 working days. Please note this may take longer at Christmas or during the sales.

Refunds for returned items will be made using the same payment method used for the purchase.

Need a different size?

If you do not want to return an item but want to exchange it for a different size, you can do so within 30 days:

At our stores. Remember that this service only allows you to change the size; you cannot change the colour or model.

You can also arrange to have the new size sent to your address. In order to do so, you will need to follow the aforementioned steps and state that the reason for returns is “Change size”, along with the correct size. Once we receive the return, the customer services department will be in contact with you to confirm that the new size has been sent out to you. This service does not incur delivery charges.

Refunds

Once your return arrives at our central warehouse, the Customer Service department will be in touch with you to confirm the return. The processing time for returns is approximately 15 working days. This period may be longer at Christmas time or during the sales.

Refunds for returned items will be made using the same payment method used for the purchase.

Returns policy

In order for us to accept a return, the items must be in perfect condition, with the exterior and interior labels still attached, as well as the original packaging. It is only possible to process returns of products that are bought via the online shop.

If you wish to return a product purchased as part of a promotion when you buy one or more items, BlackMarino will refund the cost of the product, deducting the relevant offer. If the promotion is a gift item, the customer should include the gift item together with the product for return.

Terms and conditions of use for discount codes.

 Only one discount coupon may be used per order and per shopping basket.

Coupons are non-refundable, they can be used for a single purchase of one or more products acquired through scalperscompany.com which will benefit from the coupon and cannot be exchanged for cash. The terms and conditions in relation to the validity of the coupon are included with each coupon.

If you have a Scalpers promotional code, you will be able to enter it before completing your order, on the “Order Summary” page. Enter the promotional code and click ‘Apply discount code’. If the discount code is valid, the discount will be applied in the order summary.

Blackmarino promotions (discount codes) are limited to one per person and per online order. Promotional codes cannot be combined. In the case of returns or exchanges, the value of the coupon will not be returned. The coupon cannot be exchanged for money.

Cancellation of orders.

BlackMarino does not accept order cancellations over the phone or via email. To cancel your order, you need to go to the "my account" section and proceed to return this.

Customer's obligations.

As a BlackMarino customer, you undertake to always provide truthful information in the details requested on user registration and order forms and to keep these updated at all times. You undertake to accept all the provisions and terms contained in these General Terms of Contract with the understanding that these reflect a desire to provide the best possible service for the type of activity BlackMarino carries out.

You declare that the bank details provided in the purchase process belong to you or that you have authorisation from the legitimate owner to use such.

Competent jurisdiction

 For any discrepancy, dispute or disagreement that cannot be resolved through agreements reached between the parties, said parties expressly renounce any other jurisdiction that may correspond to them and submit themselves to the jurisdiction and competence of the Courts and Tribunals of the city of Málaga.

Online out-of-court conflict resolutions

The European Commission has created a Digital platform through which it seeks to contribute to the online out-of-court resolution of conflicts arising between consumers and business owner’s resident in the European Union.

The online Platform contains a single window for consumers and business owners through which both parties can easily resolve their consumer conflicts by submitting themselves to the resolution criteria of the alternative resolution entities linked to the Platform.

Online conflict resolution platform: http://ec.europa.eu/consumers/odr/