Guia de Compras
GENERAL
The terms and conditions set forth below (hereinafter, the "TERMS AND CONDITIONS OF SALE") have been drafted by IMPORT ARRASATE, S.L. (hereinafter, "TERNUA") to permanently, easily, and free of charge provide clear, understandable, unequivocal, and truthful information about the conditions governing the sale of products available for purchase through the website https://www.ternua.com/alexpalou-dhl/ (hereinafter, the "WEBSITE"), and will remain available to all users in the "Terms and Conditions" section of the WEBSITE, where they may consult and print them at any time.
To make purchases through the WEBSITE, the user must read and expressly accept these TERMS OF SALE by checking the box provided for this purpose, either upon registration or when making a purchase as a guest. Therefore, the purchase process cannot be completed or orders placed without prior acceptance.
PRODUCTS SUBJECT TO TERMS OF SALE
The products available on the WEBSITE (hereinafter, the "PRODUCTS") correspond to a limited-edition collection or "capsule collection" of clothing and accessories inspired by the NTT INDYCAR SERIES® competition.
The TERMS OF SALE are specific to the PRODUCTS and exclude the application of any other general terms of sale available in other areas of the domain name www.ternua.com/ other than the WEBSITE or through any other TERNUA online sales system. They do not apply to any other products and/or services that TERNUA offers online.
SELLER IDENTIFICATION
Se informa a los Usuarios que el responsable de las ofertas de venta realizadas en el sitio web www.ternua.es es:
- Company Name: IMPORT ARRASATE, S.L.
- Tax Identification Number: B-20212775
- Address: Pol. Ind. Kataide, Nº 19
- 20500 Arrasate-Mondragón (Guipúzcoa), Spain.
- Telephone: 943 71 20 34
- Fax: 943 77 13 01
- Email: info@ternuagroup.com
IMPORT ARRASATE, S.L. is registered in the Commercial Registry of Guipúzcoa, Volume 958, Folio 21, Page SS-11.106.
WHO CAN PURCHASE?
The PRODUCTS are intended for private individuals. Therefore, purchases are prohibited for companies, whether legal entities or other types of entities that carry out business activities (for example, through joint property agreements, civil societies, or similar), as well as for professionals or individual entrepreneurs acting within the framework of their business/professional activity.
Ultimately, only natural persons over 18 years of age or minors legally capable of entering into contracts may make purchases on the WEBSITE. Accordingly, the user declares that they are over 18 years of age or a legally authorized minor and, therefore, have sufficient legal capacity to enter into contracts and may make purchases through the WEBSITE.
HOW TO PURCHASE?
There are two ways to make a purchase:
As a registered user:
You will need to complete a form with your personal information. This will allow you to modify your information to keep it updated, manage your purchases, and track shipments.
Before completing the registration, the user must accept the TERMS OF SALE. Otherwise, the process will not be completed and, therefore, you will not be able to acquire the status of registered user. Once registration is complete, you can access the private area as many times as you wish by entering your username and personal password.
As a guest:
The guest is not required to register but must provide their personal information necessary for shipping and, where applicable, billing, and must accept the TERMS OF SALE in all cases.
In both cases, the purchasing process is very simple, as the user only needs to select the PRODUCT(S) they wish to purchase, the number of items, and add them to the shopping cart. Selecting each PRODUCT displays detailed information about it:
- PRODUCT characteristics;
- Available colors;
- Technical specifications, if applicable;
- Size guide;
- Price, which includes applicable indirect taxes but not shipping costs.
If the user has a promotional code or online voucher to benefit from the applicable terms and discounts, they must include it at this point.
To complete the purchase, the user must go to the shopping cart, where the selected items and shipping costs will be detailed for review, and accept the order. If the user has previously registered, they must log in and authenticate using their username (email address) and password.
Once the order has been reviewed and the user has logged in, payment must be made using any of the following accepted payment methods:
Credit or debit card:
All payments made by credit or debit card are made through a secure payment gateway operated by a third-party financial institution (STRIPE), which has its own security systems.
In accordance with applicable law, when the amount of a purchase has been fraudulently or improperly charged using the payment card number, the cardholder may request the immediate cancellation of the charge. In such cases, the corresponding debit entries and refunds will be made to the TERNUA and cardholder accounts as soon as possible.
However, if the purchase was actually made by the cardholder and the refund request is not a result of exercising the user's right of withdrawal, the cardholder will be obligated to compensate TERNUA for any damages incurred as a result of such cancellation.
As a complementary measure and with the aim of collaborating in the prevention of online fraud, TERNUA reserves the right to verify the personal information provided by the user and take any measures it deems appropriate (including canceling the order) to ensure that the purchased merchandise is delivered in accordance with the information contained in the order.
PayPal:
When making a payment through PayPal, the user is redirected to the PayPal website and connected to a secure PayPal server that uses an SSL (Secure Sockets Layer) protocol, ensuring that the information is transmitted encrypted. For more information on the payment security offered by PayPal, we recommend that you visit their website at the following address: https://www.paypal.com
Any charges incurred through the selected payment method will be the sole responsibility of the user.
Once payment is validated, a sales contract is established between the user and TERNUA, subject to the TERMS OF SALE. The only languages in which purchases may be made are Spanish and English. Regardless of the language, the geographical scope will be as described in the section of the TERMS OF SALE entitled "Time and Geographic Scope of Offers."
Once the purchase process is complete, the purchase will be confirmed by an "Order Confirmation" email sent to the user. This email will contain the order number, number of items, a description of each item with its characteristics, sizes, price, taxes, and shipping costs. Delivery times are subject, in all cases, to the provisions set forth in the "PRODUCT Shipment and Delivery Times" section of the TERMS OF SALE.
Failure to receive this message may be due to a temporary network communications problem or a typing error in the email address provided. In both cases, we recommend that you contact us at infor@ternuagroup.com.
If you have any questions, please email us at infor@ternuagroup.com.
MY ACCOUNT MANAGEMENT
In the "My Account" section, the user will have access to a space where they can register, modify, or correct their personal information to keep it up to date. They will also have an address book to manage shipping, billing, or other addresses that may be of interest. They will also have a list and supporting documents for all orders placed, newsletter subscriptions and unsubscriptions, as well as other options that facilitate user profile management.
TEMPORAL AND GEOGRAPHICAL SCOPE OF OFFERS
The PRODUCTS are offered on the WEBSITE for delivery within the European Union, the United States of America, and Canada. TERNUA will not fulfill any order intended for delivery outside of this territorial scope.
Given the limited nature of the collection in which the PRODUCTS are included, they will be subject to stock limits (availability while supplies last). If TERNUA is unable to supply the PRODUCT purchased by the user due to unavailability or lack of stock, we will inform the user of this unavailability before finalizing the purchase, on the PRODUCT page itself.
PRODUCT SHIPPING AND DELIVERY TIMES
PRODUCTS purchased by users through the WEBSITE will be shipped via a courier company and will always be delivered to the address indicated by the user. TERNUA will not be liable for delays or non-delivery of PRODUCTS resulting from errors by the user when providing the shipping address or if the address is incomplete.
PRODUCTS will be delivered according to the courier company's schedule. If the user is absent from the address at the time of delivery, they must contact the courier company to arrange a new delivery date and time. TERNUA will not be liable for delays due to the user's absence at the time of delivery.
Shipping times for orders may vary depending on the destination, and delivery is subject to the following approximate delivery times:
Deliveries within the European Union: 5 days from shipment.
Deliveries to the United States of America and Canada: 10 days from shipment.
For deliveries to the United States of America and Canada, the approximate delivery time will be subject to variations that may arise from any customs procedures the shipment must complete.
Orders can be delivered anytime between 8 a.m. and 8 p.m., Monday through Friday (excluding holidays). A signature on the acknowledgment of receipt or delivery note is required upon delivery.
To facilitate tracking, the user may check its status through the WEBSITE by entering the order number.
For security reasons, TERNUA will not ship any orders to PO boxes, nor will it accept any orders where the recipient and their address cannot be identified.
Responsibility for the PRODUCTS will be deemed transferred to the user at the time of delivery of the order.
When the user receives the PRODUCTS, they must verify that they correspond to those purchased, that they are in perfect condition, and that they have not been damaged during transport.
If the PRODUCT received does not correspond to the one ordered, they must inform TERNUA through the means indicated in the "Defective Products" section of the TERMS OF SALE. The PRODUCT received in error will be withdrawn, and the one actually ordered will be sent to the user, all at no cost to the user.
Prices, taxes, and charges
Prices are shown only in euros. The final amount to be paid by the user will be reflected in the product information sheet for each PRODUCT and will always include any applicable indirect taxes.
When the delivery of the PRODUCTS is subject to the payment of customs duties, these will be borne by the user, who must pay them following the courier company's instructions. TERNUA shall not be liable for any delay in delivery resulting from failure to pay these amounts.
All shipments are subject to the payment of the following shipping costs, which must be paid by the user along with the sales price of the PRODUCTS:
Deliveries within the European Union: 10.00 Euros.
Canada: 20.00 Euros.
TERNUA reserves the right to modify the PRODUCTS offered on the WEBSITE, as well as the sales prices, shipping costs, and other conditions or promotions, at any time and without prior notice. In all cases, the terms in force at the time of purchase will apply.
WARRANTIES
The PRODUCTS are subject to the legally established warranties, such that TERNUA will be liable for any lack of conformity that becomes apparent within a period of three years from delivery.
In this regard, the PRODUCTS will be deemed to conform to the contract provided that all of the following requirements are met, unless due to the circumstances of the case, any of them are not applicable:
They conform to the description we provide and possess the qualities of the PRODUCT we present on the WEBSITE.
They are suitable for the uses for which products of the same type are ordinarily intended.
They present the quality and performance typical of a product of the same type that the user can reasonably expect, taking into account the nature of the PRODUCT and, where applicable, the public statements regarding the specific characteristics of the PRODUCTS that we have made on the WEBSITE.
If any PRODUCT does not comply with the offer and the terms and conditions of the SALE, the user may notify TERNUA via the customer service link.
Right of withdrawal, defects, and exchanges
a) Right of withdrawal
The right of withdrawal is the user's right to terminate the contract by notifying TERNUA within a maximum of 14 calendar days from receipt of the order, without needing to justify their decision and without penalty of any kind. Ultimately, it is the possibility of returning the order without needing to provide justification.
This right does not apply to the supply of sealed PRODUCTS that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.
In the event of exercising their right of withdrawal, the user must bear the costs of returning the PRODUCT.
To exercise the right of withdrawal and return a PRODUCT, the user must contact TERNUA (i) through the customer service link; or (ii) by sending an email to infor@ternuagroup.com (using, if desired, the model withdrawal form included in the Annex to the TERMS OF SALE, although its use is not mandatory). In both cases, the user must indicate the return slip number received with the order, as well as the PRODUCT(S) they wish to return.
TERNUA will send an email confirming receipt of their request and inviting the user to return the item in the manner established in the "Shipping to TERNUA" section of the TERMS OF SALE.
Once the PRODUCT has been received, TERNUA will examine it and, if it does not present any defects caused by the user, will refund the amount paid (after deducting the return costs). This refund will be made within a maximum period of 14 calendar days from the date the user communicated their decision to withdraw.
If (i) the returned PRODUCT shows any damage or deterioration attributable to the user as a result of any handling other than that necessary to establish its nature, characteristics, or operation; or if (ii) the PRODUCT is returned incomplete, the user will be responsible for the decrease in the value of the PRODUCT, which, depending on the case, could make it impossible to refund the amount paid. In such cases, the user will be notified by email, and the user will be provided with the option to collect the product or return it postage-collectively, at their discretion, within a maximum period of 15 calendar days. In any case, TERNUA will not assume any responsibility for the safekeeping or storage of the PRODUCT during the time it is in its facilities.
b) Defective Products
If the PRODUCT does not comply with the contract or presents defects or flaws, the user may choose to request its repair or replacement, unless either option is objectively impossible or disproportionate. Both the repair and replacement of the PRODUCT will be free of charge for the user, including shipping costs and, where applicable, the costs related to the labor and materials required for this purpose.
If any PRODUCT does not comply with the contract and/or presents any defects or flaws, the user may notify TERNUA as soon as possible through the customer service link or by sending an email to infor@ternuagroup.com, indicating the return receipt number received with the order, the PRODUCT(S) they wish to return, and whether they prefer repair or replacement.
In response to this notification, TERNUA will send the user an email to resolve the issue, inviting them to return the item in the manner established in the "Shipping to TERNUA" section of the TERMS OF SALE.
Once the return has been received by TERNUA, the returned PRODUCT will be carefully examined and the user will be notified by email, within a maximum of ten business days, whether or not it should be repaired or replaced (as requested). If so, this must be carried out as quickly as possible.
In cases where repair or replacement is not possible, the user will have the right, at their discretion, to terminate the contract or request a price reduction.
c) Exchanges
Apart from the right of withdrawal and the defective PRODUCT regime provided for in Letters a) and b) above, once an order has been placed, cancellations or modifications of the order, nor any requests for exchanges or refunds by the user, will not be accepted.
d) Returns and Shipping to TERNUA
In cases where, in accordance with the provisions of Letters a) and b) above, a returned PRODUCT must be sent to TERNUA, the user must use the return delivery note delivered with the PRODUCT and follow the instructions attached to it.
These instructions will allow the user to contact the shipping company designated by TERNUA, request and arrange the day and time of collection, and formalize the shipment of the returned PRODUCT to TERNUA.
Suggestions, Complaints, and Claims
Website users may send us their suggestions, complaints, and claims through the customer service link or by sending an email to infor@ternuagroup.com.
Legal notice, privacy policy, and data protection. Use of Cookies
TERNUA informs users that acceptance of the TERMS OF SALE also implies acceptance of the conditions described in the legal notice and privacy policy incorporated at the bottom of each page on the WEBSITE.
In any case, users are informed that the personal data provided during registration and/or purchase will be processed by TERNUA, as the Data Controller, for the purpose of maintaining, developing, fulfilling, and controlling the contractual relationship with the user and for the management and delivery of the order or purchase made (all based on the contractual relationship established with the user). This information will also be used, if consent has been given through the appropriate system, to send commercial information about news, offers, promotions, discounts, and new products, all related to the textile and sports sector, by email or other equivalent means of electronic communication (SMS, MMS, fax, etc.), based on their consent. The personal data being processed will be retained for the time necessary to manage and execute the contractual relationship with the user or as long as the user does not revoke their consent to such processing or request its deletion, as well as for the additional time necessary to comply with the legal obligations that TERNUA must observe.
Except for those cases in which TERNUA is required to do so by law (e.g., Tax Authorities, the Administration of Justice, or other Public Administrations), the user's data will not be disclosed to third parties. Generally speaking, international transfers of personal data are not planned.
Furthermore, if the user provides data about another person during the contracting process, they declare that they have the express consent of said third party for such data disclosure (name and email address).
The user may exercise their rights related to their personal data (right to access their data, request rectification or deletion of their data, request restriction of processing of their data, data portability, and object to the processing of their data) by written request to the postal address indicated in the "Seller Identification" section of these TERMS OF SALE or by sending an email to lopd@ternuagroup.com.
The WEBSITE uses cookies (small text files stored on the computer that accesses or visits the WEBSITE, so that the user's preferences can be known upon reconnection). The cookie policies described in the "Cookie Policy" section of the WEBSITE, to which we refer, apply.
Modification of the TERMS OF SALE
Legislative changes or changes to our business practices may require us to modify the TERMS OF SALE. Therefore, TERNUA reserves the right to modify the information and terms of the TERMS OF SALE at any time. In any case, these modifications will not have retroactive effect on previously purchased PRODUCTS.
The user is advised to read the current TERMS OF SALE each time they access the WEBSITE and, in any case, whenever they wish to make a purchase, so that they can freely decide whether they wish to continue using it and even make purchases.
In any case, the TERMS OF SALE that were in force at the time of each purchase will apply
Interpretation
The TERMS OF SALE have been drafted in Spanish and translated into English. In the event of a contradiction between versions drafted in different languages, the Spanish version will prevail, which will be considered the controlling version.
Jurisdiction and Dispute Resolution
Any controversy or conflict arising between users of the WEBSITE and TERNUA will be settled before the competent Courts and Tribunals in accordance with Spanish procedural regulations. Likewise, you are informed that, as a consumer, you have the option of accessing the European Union's online dispute resolution platform, accessible through the following link: http://ec.europa.eu/consumers/odr/.
Annex
WITHDRAWAL DOCUMENT TEMPLATE
To the attention of IMPORT ARRASATE, S.A.
I hereby inform you of the exercise of my right of withdrawal regarding the purchase contract entered into through the website www.ternua.es, which is identified below:
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