Closca Design Legal Information
These terms and conditions are valid for sales made by Closca Design S.L. (the "Company") of its products offered on the website www.closca.com These sales are reserved for End Users only.
Making a purchase through the website www.closca.com implies acceptance of the general terms and conditions of sale and no written acceptance of these terms and conditions is required. Please read these General Terms and Conditions carefully.
Anyone who uses or accesses the Website becomes a User and this implies full acceptance of all the aspects outlined in these General Terms and Conditions, that form a binding contract between the User and the Company.
In the event that the User does not accept these General Terms and Conditions, they must immediately stop using the Website. If, however, the User does not comply with the following General Terms and Conditions, Closca Design S.L. reserves the right to suspend or cancel the order and/or the User's account without any compensation from Closca Design S.L. to the end User.
Order Confirmation: written to inform the User that CLOSCA DESIGN S.L. accepts their order and will arrange the delivery of the agreed goods.
Company: Closca Design S.L. with NIF (Tax ID No.) B98532310, address at C/ Artesans S/N; L’Ollería –C.P. 46850 -Valencia- Spain, registered in the Companies Registry of Valencia: Document 1/2013/12.834,0 Entry: 751/35 Volume: 9619 Book: 6901 Page: 68 Sheet: V-153591
Delivery: transportation of the products from the warehouses to the place indicated by the User.
Handling: business activity where people are involved in aspects such as the preparation, manufacture, processing, storage, transport, distribution, handling, sale, supply or service of products.
Products: list of products sold by CLOSCA DESIGN S.L. on this website, which are described on each product page.
Out of stock: when upon receiving an order for a certain product from the user, CLOSCA DESIGN S.L. does not have it in stock in the warehouses in the quantities and conditions requested.
Transaction: sales agreement between the User and CLOSCA DESIGN S.L.
End User: the individual accessing the website.
Closca Design - Article 1: Company
In accordance with the provisions of Article 10 of Law 34/2002, of 11 July, on Information Society Services and E-Commerce, Users are informed that the website www.closca.com is created and operated by the company Closca Design S.L. with NIF (Tax ID No.) B98532310, address at C/ Artesans S/N; L’Ollería –C.P. 46850 -Valencia- Spain, registered in the Companies Registry of Valencia: Document 1/2013/12.834,0 Entry: 751/35 Volume: 9619 Sheet: 6901 Page: 68 Sheet: V-153591.The User can contact our customer service department at the following email address: firstname.lastname@example.org
Closca Design - Article 2: Products
The products offered by Closca Design on its website comply with the American CPSC and European EN 1078 certifications, as well as with the most stringent quality requirements.
Closca Design S.L ensures that the photos are an accurate and true representation of the product offered. Also, each product has a page with technical characteristics.
If there is an error in the description or the images that involves a substantial change in the product, the User may return the product within 15 days of receiving it.
Closca Design - Article 3: Prices
The prices of our products shown on the website are in Euros, including applicable taxes but excluding delivery and handling.
In accordance with the provisions of Article 68 of Law 37/1992 of 28 December, on Value Added Tax, the delivery of products or services will be deemed to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the rate legally in force at any given time depending on the specific item in question.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of Article 21 of Law 37/1992, without prejudice to applying the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
The costs will be indicated when the order is validated and prior to payment and will be included in the invoice.
Closca Design S.L reserves the right to modify the prices of the products at any time, however, the price to be invoiced will be the existing price at the time the order is registered on the website.
Orders are not considered to have been placed until Closca Design S.L. has received the payment.
Closca Design S.L. reserves the right to cancel the order in the following cases:
- Orders placed at a price much lower than the sales price due to an error that can be clearly identified as such by the User.
- Suspected fraudulent orders.
- Orders out of stock even if they have not been notified on the website.
- Orders placed in a currency other than the currency of the delivery address.
- When there are previous orders pending payment.
In these cases the company will refund the full order amount.
3.2 Deliveries within the European Union
The order amount has been calculated including the relevant taxes. The tax applied corresponds to the tax in force in Spain.
3.3 Deliveries outside the European Union
The price displayed on the website (and charged) never includes tax. Because of this, you may be required to pay an additional customs fee, for which Closca Design will not be responsible at any time.
Please check with your customs agent for the amount of these taxes.
3.4 Prices and currency
All orders must be placed in the local currency of the receiving location (delivery address). However, all order payments are paid in euros, so the equivalent price in all currencies is applied at the time of payment. Users accept that payment service providers may charge transaction, currency conversion or other fees depending on the currency or payment method selected, and the Company will not be liable for such fees.
The currencies available are:
Euro – European Union and the rest of the world
American Dollar - USA
British Pound – United Kingdom
Closca Design S.L. reserves the right to cancel any order placed in a currency other than the currency of the delivery address.
Closca Design - Article 4: Ordering
When placing an order on the website www.closca.com the User acknowledges knowledge and acceptance of these terms and conditions.
The order is considered to have been placed once the order has been confirmed and payment has been made. However, the order is only considered final when Closca Design S.L. has received the order amount.
Closca Design - Article 5: Availability
The products are available as long as they are visible on the website www.closca.com and always subject to stock availability.
In the event of a product being out of stock after an order has been placed, the User will be contacted by e-mail or by telephone to inform them of the situation. In this case, they will be informed of the options to:
- Make a partial delivery.
- Give a new delivery date.
- Change the order.
- Cancel the order.
If the order is fully cancelled, a refund of the total amount paid will be issued within 15 days in the same manner in which the payment was made.
If a partial cancellation is requested, a partial refund equivalent to the cancelled part will be issued within 15 days in the same manner in which the payment was made.
The Company will not be liable for any delay or failure arising from force majeure beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, epidemics, pandemics or diseases, strikes or shortages of transportation, fuel, power, labour or materials.
The Company is not responsible for the truthfulness or accuracy of the information provided by Users. If, for any reason, the Company becomes aware that false, inaccurate or incomplete information has been provided, it will deny the User in question access to the Website.
Closca Design - Article 6: Payment methods
6.1 Payment methods
Online orders can be paid using credit card or ApplePay.
The cards accepted are Visa, Mastercard, American Express.
The User's account will be debited immediately, although it may not appear on the account for a few days due to the customer's own bank.
The order is only considered to have been placed when the money has been paid into the Closca Design SL account.
Purchases are confidential and we use SSL protocol for information encryption.
Closca Design S.L. does not have access to these bank details, nor are they stored on any server owned by Closca Design S.L
For this reason, you will be asked to re-enter your payment details for every new transaction on the website.
When you press the checkout button our system verifies the validity of the credit card, this protects against fraud and misuse of the card. Our system classifies the transaction risk as low, medium and high, in the event that a medium or high level of fraud is detected, we reserve the right to check the identity of the buyer before placing the order.
6.2 Secure payment
Closca Design S.L. also verifies the trustworthiness of the information entered when registering an order. This is part of our commitment to protecting our Users from fraud.
Closca Design S.L. has a verification procedure of the buyer's information, in order to prevent and avoid the fraudulent use of their bank details.
Accordingly, Closca Design S.L. reserves the right to ask the User for a copy of both sides of their proof of identity and delivery address. The order will only be dispatched once these documents have been received and verified. These documents must be sent within 6 days of the request. These documents will never be forwarded to third parties (except for legal requirements). The User will always have the right to access, modify or delete in accordance with the Data Protection Law.
Users further confirm, under their sole responsibility, that they are authorised to use the payment method of their choice when carrying out any type of transaction through the Website. If the payment method cannot be verified, is invalid or cannot be accepted by the payment platform, it will be automatically suspended or cancelled.
The Company will not be liable for any loss that Users may suffer as a result of incorrect information provided for their payment method.
Closca Design - Article 7: Delivery of products
The products purchased on the Closca Design S.L. website are delivered to most countries, if you want to know if we deliver to your country, please check the purchasing guide.
Delivery times depend on preparation and transit times, which may vary from country to country.
The products will be delivered to the address you enter during the purchase process. Closca Design S.L. reserves the right to divide deliveries into several smaller ones without affecting the cost to the buyer.
Closca Design S.L. is not liable for the consequences of a late delivery due to transport or customs problems. If your order has been delayed, please contact us and we will find the best option available.
7.2 Delivery methods
Closca Design S.L. will choose the best delivery method for each region. Transit times vary from 3 to 10 days, depending on the destination.
7.3 Delivery issues
If the User is not present at the delivery time to receive the order at the address indicated by the User when they placed the order: the transport agency will contact the User indicating the procedure to be followed.
If the package is returned because it was not possible to deliver it, the User will be notified automatically by e-mail. If no response is received from the User within 48 hours. Closca Design S.L reserves the right to cancel the order, in which case the delivery costs will not be refunded under any circumstances.
Once the package has been received, the User must:
- Check that what has been received matches the order and that both the product and its box are in perfect condition.
If there are any problems, you should contact us via the contact form on the website.
Complaints about transport damage are valid within 24 hours and must first be made to the carrier.
Complaints about the goods have a period of 7 days.
All these deadlines are counted from the date of receipt. No complaints of any kind will be accepted outside the stipulated deadlines.
7.4 Late delivery
In the event that a delivery is delayed, the User should contact the Closca Design S.L. customer service department via the contact form on the website.
Closca Design - Article 8: Right of withdrawal
In accordance with European law 2011/83/EU, the consumer (natural person who has placed an order with Closca Design S.L. for non-commercial, industrial or professional purposes) has a period of 15 (fifteen) days in which to exercise their right of withdrawal.
You have the right to exercise this right without explanation and without penalty.
The period of 15 days starts from when the order is received. If the period ends on a Saturday, Sunday or public holiday, it will be extended to the next working day.
To exercise your right of withdrawal, please contact us via the contact form on the website.
In accordance with EU law 2011/83/EU the right of withdrawal may not be exercised for orders of the products listed below. Orders may only be cancelled prior to delivery.
- Customised products or products with modifications requested by the User.
- Products that come sealed and are unsealed at the time of return.
- Products likely to deteriorate rapidly.
- Products that after delivery and taking into account their nature have become inseparably mixed with other goods.
- Any other of the exceptions established in Royal Legislative Decree 1/2007, of 16 November.
If the product does not meet the requirements, you may return the product within 15 days of receipt, subject to the following conditions:
- You must return the products as soon as possible, but no later than 15 days after you have communicated your wish to return them.
- The products must be properly protected (if possible in their original packaging), in a perfect state for sale (no damage, signs of use, etc.) and accompanied by their accessories.
- No stickers should be directly affixed to the helmet box as the product box is for presentation and is not the final transport box.
- The products must not have been used, except in cases where use is necessary to check the validity of the product. In any case, use should be kept to a minimum to ensure proper functioning and no signs of use.
- Packages with no identification (name, surname, address and order number) will not be accepted. In any case, the return costs are to be paid by the User.
Please, in any case, before returning the product, it is ESSENTIAL to contact our customer service department via the contact form on the website.
The return of the products implies the right to receive the amount paid for them.
The following rules apply:
- The financial reimbursement will always be made in the same payment method
- The refund will be made in full, with no discounts or commissions of any kind.
- The refund deadline is 15 days from when the product is received.
In accordance with the banking legislation, no refund may be made to expired credit cards. In such an event, Closca Design S.L. reserves the right to request additional documentation in order to proceed with the refund.
Closca Design - Article 9: Protection of personal data
In accordance with the Data Protection Law, you may at any time exercise your right to rectify, cancel or oppose the processing of your personal data by sending an e-mail to this link or by contacting our customer service team via the contact form on the website.
We also inform you that we use email senders and other marketing platforms and, therefore, your data may be transferred to the USA in order to process your personal data, if you prefer to oppose this please contact us via the contact form on the website.
Personal data (name, address, e-mail and telephone number) may be forwarded to third parties in order to ensure an order is properly delivered.
The Company does not collect or request personal data from children under 18 years of age, so if, despite the provisions of these General Terms and Conditions, a minor accesses the website, they should not continue to register. If the Company becomes aware that information has been collected from a User who is a minor, it will immediately delete the User's account.
Website analysis services are used (for example: Google Analytics or similar tools) to help the website analyse how the users use the website and to improve its usability, but in no case are they associated with data that could identify the user.
Cookies are files sent to the browser for the purpose of recording the User's activities during their browsing time and of improving browsing on the site. The information obtained is completely anonymous, and under no circumstances can it be associated with a specific and identified User.
Users can configure their browser to enable or disable cookies and to prevent them from being installed on their computer by following these instructions:
Google Chrome: https://support.google.com/accounts/answer/61416?h...
Internet Explorer: http://windows.microsoft.com/es-es/windows-vista/b...
Google’s cookies policy can be found here:
Closca Design - Article 10: Jurisdiction
These rules are subject to Spanish law.
In the event of any dispute regarding the interpretation, execution or validity of these general sales terms and conditions, the competent jurisdiction will be that of Valencia.
In the event of a dispute, an amicable resolution will be sought prior to any legal action.
Please contact us via the contact form on the website if you have any questions regarding these sales terms and conditions.
Closca Design - Article 11: Intellectual and industrial property rights
The Intellectual and Industrial Property Rights of the website are owned by the Company, which has exclusive rights to use them in any form and, in particular, the rights to reproduce, distribute, communicate to the public and transform. Therefore, all computer, graphic, advertising, photographic, multimedia, audiovisual and design material, as well as all content, texts and databases made available to Users are owned by the Company.
The third party holders of Intellectual and Industrial Property Rights over photographs, logos and any other symbols or contents included on the Website have granted their corresponding authorisation to reproduce, distribute and make them available to the public.
The User acknowledges that under no circumstances does acceptance of these General Terms and Conditions confer any rights, licences or authorisations to carry out prohibited acts. The User expressly acknowledges that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, as well as the transformation or publication of any result of unauthorised reference tests of any of the elements and utilities integrated within the development of the Website constitutes a direct and serious infringement of the legitimate Intellectual Property Rights of the Company, and consequently, the User agrees not to carry out any of the above actions, and the Company reserves the right to take any legal action it deems appropriate to defend its legitimate interests and rights.
The Website may contain links to third party websites, applications, services or resources, which are subject to different conditions and have their own privacy policies. In relation to these aspects the Company accepts no responsibility or liability whatsoever, and its links to such services do not imply any endorsement.
Closca Design - Article 12: User obligations
By accepting these General Terms and Conditions, Users agree to:
Users who intentionally or unintentionally fail to comply with the above obligations will be liable for any loss or damage suffered by the Company as a result of their actions, and the Company reserves the right to take whatever action necessary to defend its legitimate interests.
Closca Design - Article 13: Security
The Company will, where possible, take the necessary steps to ensure that the Website protects all information received by Users. Notwithstanding the above, the User will agree to:
- Not to introduce any virus or malicious code of any kind to the Website.
- Not to request login information or access an account belonging to another User.
- Not to use the Website for unlawful, misleading, malicious or discriminatory acts.
- Not to perform any action that could disable, overload or affect the proper functioning of the Website.
- Not to provide false names and information.
- Not to provide false personal information or create an account for others without their permission.
- Not to transfer the User account you manage to anyone else without prior written consent from the Company.
- Not to publish content or perform any action on the Website that infringes or violates the rights of third parties or violates current legislation.
Closca Design - Article 14: Modification
The Company reserves the right, at its sole discretion, to modify the Website, as well as to alter these Terms and Conditions, including product prices, at any time, in order to adapt them to the legal or regulatory provisions in force or in the process of being adopted, to any ruling issued by a Court, consumer agency or any other competent authority.
Closca Design - Article 15: Partial invalidity
If at any time the total or partial invalidity of any of the clauses of these General Terms and Conditions were to be decreed, such invalidity will have no binding force, without this invalidity affecting in any way the legality, validity or enforceability of other clauses, which will therefore be considered as valid, effective and binding for Users and the Company.
The fact that one of the parties has not requested the application of any clause of these terms and conditions on a permanent or temporary basis will under no circumstances be deemed to constitute a waiver of that clause.
Closca Design - Article 16: Duration
The existing agreement between the Users and the Company governed by these General Terms and Conditions of Use will remain in force until terminated by the Users or the Company.