Conditions of Use and Purchase
CONDITIONS OF USE AND PURCHASE AT WWW.DRYBREAK.ES
Welcome to the website www.drybreak.es
The ownership of this site www.drybreak.es property of DRYBREAK SL (hereinafter, DRYBREAK ) with NIF B56614159 and address at Cantalejo street, number 13, 2nd floor K, province of Madrid, Spain. Contact by email support@drybreak.es and in the registration process in the Madrid Companies Registry.
This document, together with the list of documents cited in it, establishes the conditions that govern this website (www.drybreak.es) and the purchase of products through it (hereinafter, the “Conditions”), regardless of the device/application used to access it.
These Terms apply to all users of the site, including without limitation users who are browsers, suppliers, customers, merchants, and/or content contributors.
Please read these conditions and our privacy and cookies policy (hereinafter, privacy and cookies policy) carefully before accessing, browsing and/or using our website. By accessing, using or placing an order through the website, you agree to be bound by these Conditions and everything mentioned above, so if you do not agree with the conditions and privacy and cookies policy, then you should not access the website or use any of the services.
Likewise, it is reported that these conditions could be modified. It is your responsibility to check and consult them each time you access, browse and/or use the Website, since those that are in force at the time the purchase of products is requested will be applicable.
Our store is hosted on Shopify, they provide us with the online e-commerce platform, which allows us to sell our products and services to you.
Do not hesitate to contact us through any of our contact methods if you have any questions related to the conditions and/or privacy and cookies policy.
The personal data that you provide us and/or we collect will be treated in accordance with our Privacy and Cookies Policy. Please carefully review our privacy and cookies policy. By accessing, browsing and/or using the Website, the user consents to the processing of said information and data and declares that all information or data provided is true.
The contents of this website, texts, images, sounds, animations, brand, etc. as well as its graphic design and its source code and other industrial and intellectual property rights are protected by Spanish legislation on intellectual and industrial property rights in favor of Drybreak . Its reproduction, distribution or public communication, in whole or in part, is therefore totally prohibited without the express authorization of Drybreak.
Drybreak is not responsible for any misuse of the contents of our website, which is the sole responsibility of the person who accesses or uses them. We also do not assume any responsibility for the information contained in third-party web pages that can be accessed through links or search engines from this website.
Access, navigation and use of the Website confers the status of user (hereinafter, interchangeably, User or You), so you accept, from the moment you begin browsing the Website, all the Conditions established here, as well as as its subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
Thus, the User assumes responsibility for the correct use of the Website. Therefore, when you use the website and/or place orders through it, you agree to:
- Use the website in accordance with the law and for the purpose of making inquiries and/or orders.
- Do not place orders that may be considered false or fraudulent.
- Provide the necessary contact and billing information in a truthful and accurate manner. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the competent authorities reported.
If you do not provide us with the information we need, it will be impossible for us to process the order placed.
Thus, in addition, you acknowledge and declare that by placing the order through this website, you are over 18 years of age and have full capacity to enter into contracts.
The User may formalize, at his or her choice, with Drybreak the purchase and sale contract of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
The use of the website and/or its content is prohibited and therefore, you must not:
- use the website and/or its content for the performance of any illegal purpose;
- ask others to perform or participate in illegal acts;
- violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- infringe or violate our or third parties' intellectual property rights;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- present false or misleading information;
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will compromise the functionality or operation of the Service or of any related website, other sites, or the Internet;
- introduce and/or transmit worms, viruses, trojans or any code of a destructive nature.
- collect or track personal information of others;
- generate spam, phish, pharm, pretext, spider, crawl, or scrape;
- any obscene or immoral purpose;
- Interfere with or circumvent the security features of the Service or any related website.
- try to gain unauthorized access to this website, to the server on which said website is hosted or to any server, computer or database related to this website.
In the event of any reported breach, the service will be automatically suspended and you will no longer be authorized to use said website. Likewise, said non-compliance will be notified to the competent authority.
In this sense, it should be noted that Drybreak is not responsible for any damage or loss that may arise from any virus, Trojan horse or others that may affect your computer or computer equipment, data, materials or others as a result of the use of this website and/or or downloading its contents.
Drybreak does not assume any responsibility that may arise from technical problems or failures in computer equipment that occur during connection to the Internet network, as well as from damages that may be caused by third parties through illegitimate interference beyond the control of Drybreak. We are also exonerated from all liability for possible damages or losses that the user may suffer as a result of errors, defects or omissions in the information that we provide when it comes from sources other than us.
Users can purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of drybreak.es, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on "Pay now" .
Likewise, the User must fill out and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Once the order has been placed, you must receive a confirmation email where the general contracting conditions must be stated.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email, and where appropriate, through their personal space connecting to the Website. Likewise, the User can, if they wish, obtain a copy of their paper invoice, by requesting support@drybreak.es using the contact spaces on the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with the presentation or, where appropriate, image of it on their page. of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and/ o cost of services; and acknowledges that placing the purchase or acquisition order materializes full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments involved during the transactions carried out on the Website could be archived and preserved in Drybreak's computerized records in order to constitute a means of proof of the transactions, in any case, respecting reasonable conditions. security and the current laws and regulations that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in regarding the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist the Users in accordance with the privacy policy of this Website
All purchase orders received by Drybreak through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause 15 of these Conditions) affects the supply of the same and/or the service. of the services. If difficulties arise regarding the supply of products or there are no products left in stock, Drybreak undertakes to contact the User and refund any amount that may have been paid as payment. This will also be applicable in cases in which the provision of a service becomes unfeasible.
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially with regard to VAT, a different issue is indicated and applied.
Shipping costs are included in the final prices on the product check-out page as shown on the Website. Thus, Drybreak provides delivery and/or shipping services through: Correos
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods will be: Credit or debit card, PayPal, Klarna. Amazon Pay, Google Pay, Shop pay and ApplePay.
Drybreak uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses an SSL (Secure Socket Layer) secure payment system.
- CREDIT CARDS
Credit cards will be subject to verification and authorization by the issuing banking entity, if said entity does not authorize the payment. Drybreak will not be responsible for any delay or non-delivery and will not be able to form any contract with the User.
Once Drybreak receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the shipping confirmation and/or confirmation of the service provided is sent to the User in the established manner and, where applicable, place.
PAYPAL
If the payment method is Paypal, the charge will be made at the time Drybreak send a confirmation of the purchase order or acquisition of products and/or services to the User.
- CASH ON DELIVERY
For cash on delivery payment, the User must select "Cash on delivery” among the payment methods on the Website. From that moment on, Drybreak reserves the right to contact the User in order to validate the order. purchase with it. After this, the order will be prepared and made available for the management of its shipment.
Payment will be made at the time of delivery of the order by the carrier's delivery person. Payment will be made only in cash. The User agrees to deliver the exact amount of the order to the carrier's delivery person; the latter will not be able to provide change.
Drybreak reserves the right to suspend payment by cash on delivery to those Users who have not met the necessary requirements in past orders.
In cases where it is necessary to physically deliver the contracted good, deliveries will be made within the following territory: Spain (Peninsula) and islands.
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason, attributable to you, Drybreak cannot meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.
If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again.
If the User is not going to be at the delivery location in the agreed time slot, they must contact Drybreak to arrange delivery another day.
In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to Drybreak . Drybreak will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of additional expenses resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must keep in mind that the transportation derived from the resolution may have an additional cost that may be passed on to them.
For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Drybreak receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after complete receipt of the amount subject to payment. I pay for Drybreak .
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if The delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
The User is informed that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting Drybreak through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (Information general).
In any case, the User, before clicking on "Pay now", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016. , relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
In cases in which the User purchases products on or through the owner's Website, they are entitled to a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the Website. Drybreak or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up an order. same purchase order, or in the case of a service contract, 14 calendar days from the day the contract was signed.
To exercise this right of withdrawal, the User must notify their decision to Drybreak . You may do so, if applicable, through the contact spaces enabled on the Website or through support@drybreak.es
The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Drybreak makes it available to you as an annex to these conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, Drybreak will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in in any case, no later than 15 calendar days from the date on which Drybreak is informed of the User's decision to withdraw.
Drybreak will reimburse the User using the same payment method that the User used to make the initial purchase transaction, except for the cash on delivery payment method, which will make the refund by bank transfer. This refund will not generate any additional cost to the User. Nevertheless, Drybreak may withhold said refund until it has received the purchased products or items, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to Drybreak through the Post Office by sending it to the address that will be provided to you once you contact the email support@drybreak.es for the return.
And it must do so without any undue delay and, in any case, no later than 15 calendar days from the date on which Drybreak was informed of the decision to withdraw.
The User acknowledges that he or she is aware that he or she must assume the direct cost of returning (transport, delivery) of the goods, if any are incurred. In addition, you will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that may deteriorate or expire quickly; Music or video CDs/DVDs without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun. , with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by Drybreak , you will have lost your right of withdrawal.
In any case, no refund will be made if the product has been used beyond simply opening it, products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
At the following link you can download the Model withdrawal form: https://drybreak.es/pages/formulario-de-desistimiento
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, they must contact Drybreak immediately and let you know of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where applicable, the replacement is appropriate. .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same payment method that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always apply.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding Drybreak therefore, due to their lack of conformity that appears within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Drybreak and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section.
However, some of the products sold on the Website, such as handicraft products, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and which therefore will form part of the of the individual appearance of the product, and will not be a defect.
Unless otherwise provided by law, Drybreak will not accept any liability for the following losses, regardless of their origin:
- any losses that were not attributable to any breach on your part;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
Likewise, Drybreak also limits its liability in the following cases:
- Drybreak applies all measures to provide a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others. of this kind.
- Drybreak will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages resulting from transportation malfunctions, especially due to causes such as strikes, road delays, and in general any others typical of the sector, which result in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service over the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. Drybreak uses all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however, it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
- Drybreak will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Drybreak will also not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
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In general, Drybreak will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include , by way of example but not exhaustive:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Drybreak will have an extension in the deadline to comply with them for a period of time equal to the duration of the cause of force majeure. Drybreak will use all reasonable means to find a solution that allows it to comply with its obligations despite the force majeure event.
- WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications with Drybreak are electronic (email or notices published on the Website).
For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Drybreak send electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with Drybreak through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Drybreak may contact and/or notify the User at their email address or at the postal address provided.
17.DISCLAIMER
No waiver of Drybreak to a specific legal right or action or the lack of requirement by Drybreak of strict compliance by the User with any of its obligations will not imply a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with its obligations.
No waiver of Drybreak to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
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NULLITY
If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
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COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Drybreak in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.
The User and Drybreak acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
Access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Drybreak and the User will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, the competent forum being the one corresponding to the user's domicile.
- COMPLAINTS AND CLAIMS
The User can send Drybreak your complaints, claims or any other comments you wish to make through the contact information provided at the beginning of these Conditions (Our data).
Besides, Drybreak has official complaint forms available to consumers and users, which they can request from Drybreak at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if the execution of this purchase contract between Drybreak and the User arise a dispute, the User as a consumer can request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on dispute resolution in line on consumer matters and which modifies Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Drybreak reserves the right to modify or eliminate, without prior notice, both the information contained on its website and its configuration and presentation, without assuming any responsibility for it.
Likewise, Drybreak reserves the right to modify, in any case, these terms and conditions of purchase without said modifications being retroactive.
It is your sole responsibility to regularly review these conditions. If you do not agree with the changes that have been made, you should not use this website.