GENERAL TERMS AND CONDITIONS OF SALE 

www.arcl0thes.com 

1. GENERAL INFORMATION 

The ownership of this website www.arcl0thes.com, (hereinafter Website) is held by: Adrián Riveiro Domínguez, with NIF: 53829452E, and whose contact details are: 

Address: Avenida Arcadio Pardiñas 135, 2C, 27880, Burela(Lugo) 

Contact telephone: 611346879

Contact email: info@arcl0thes.com 

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (www.arcl0thes.com) and the purchase or acquisition of products and/or services in it (hereinafter, Conditions). 

For the purposes of these Conditions it is understood that the activity that Arcl0thes develops through the Website comprises: 

Marketing and distribution of vintage sportswear, for men and women. 

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Arcl0thes. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and all of the above, so if you do not agree with all of the above, you should not use this Website. 

For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form. 

2. THE USER 

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to: 

Make use of this Website only to make inquiries and legally valid purchases or acquisitions. 

Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed. 

To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website. 

The User may conclude, at its option, with Arcl0thes the contract of sale of the desired products and/or services in any of the languages in which these Terms and Conditions are available on this Website. 

3. PURCHASE OR ACQUISITION PROCESS 

Duly registered Users may purchase on the Website by the means and forms established. They shall follow the online purchase and/or acquisition procedure of www.arcl0thes.com, during which several products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on: \"finalize purchase and pay". 

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified. 

Subsequently, the User will receive an email confirming that Arcl0thes has received your order or request for purchase and / or provision of service, ie, order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website. 

Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email and, where appropriate, through his personal space of connection to the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to Arcl0thes using the contact spaces of the Website or through the contact details 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 next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case by case basis: name, price, components, weight, quantity, color, details of the products, or 

characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case. 

Unless expressly stated otherwise, Arcl0thes is not the manufacturer of the products sold or that may be marketed on the

sold or that may be marketed on the Web Site. While Arcl0thes makes every effort to ensure that the information displayed on the Web Site is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information than what appears on the Web Site. Therefore, the User should consider not only the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product. 

4. AVAILABILITY 

All purchase orders received by Arcl0thes through the Website are subject to the availability of the products and/or that no circumstances or force majeure (clause nine of these Conditions) affect the supply of the same and/or the provision of services. In the event of difficulties in the supply of products or products not being in stock, Arcl0thes undertakes to contact the User and refund any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible. 

5. PRICES AND PAYMENT 

The prices displayed on the Website are the final prices, in Euros () and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT. 

Shipping costs are included in the final prices of the products as displayed on the Website. Thus, Arcl0thes performs delivery and/or shipping services through: DHL. 

In no case the Website will add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely. 

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation. 

The accepted means of payment will be: Credit or debit card, PayPal, and Bank Transfer. 

Arcl0thes uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer). 

Credit cards will be subject to checks and authorizations by the issuing bank, if the issuing bank does not authorize the payment, Arcl0thes will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User. 

Once Arcl0thes receives the purchase order from the User through the Website, a pre-authorization will be made to the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent the shipping confirmation and/or confirmation of the service being provided in the manner and, where appropriate, place established. 

If the means of payment is PayPal, the charge will be made at the time Arcl0thes sends a confirmation of the purchase order or purchase of products and / or services to the User. 

In any case, by clicking "finalize purchase and pay" the User confirms that the payment method used is yours.

Purchase orders or purchases in which the User selects bank transfer as payment method will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the payment system used by Arcl0thes for the Website. When the system receives the transfer, the order will be prepared and processed for shipment. 

Using this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Arcl0thes will not be able to validate the order, which will be cancelled.

6. DELIVERY 

In those cases in which it is appropriate to make the physical delivery of the contracted good, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe. 

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising 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 the order confirmation. 

If for any reason, which was attributable to Arcl0thes, Arcl0thes could not meet the delivery date, it will contact the User to inform him of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working 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 get it delivered again. 

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Arcl0thes to arrange delivery on another day. 

In the event that 30 days after your order is available for delivery, and it has not been delivered for reasons not attributable to Arcl0thes, Arcl0thes will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded to the User, except for the additional costs 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 deemed to be terminated. 

However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User. 

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address. 

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Arcl0thes receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time after receipt

complete receipt of the amount paid by Arcl0thes. 

In accordance with the provisions of Law 37/1992 of December 28, 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed 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 shall be that legally in force at any given time depending on the specific item in question. 

In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State. 

In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and duties under the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the regulations in force, and that these could be borne by the User. 

For other locations, other than the above, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at any given time will be applied; the User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by the User. For further information, the User should contact the customs office at destination. 

7. TECHNICAL MEANS TO CORRECT ERRORS 

The User is informed that if it detects that an error has occurred when entering data necessary to process your purchase request on the Website, you can modify them by contacting Arcl0thes through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website. 

In any case, the User, before clicking on "finalize purchase and pay", has access to the space, cart, or basket where his purchase requests are recorded and can make modifications. 

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy for more information on how to exercise their right of rectification as provided in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and in the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights. 

8. RETURNS 

In cases where the User acquires products on or through the Website of the owner, he/she has a number 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 cancel the purchase within 14 calendar days without justification. 

This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Arcl0thes Website or in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of those goods composing the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract. 

To exercise this right of withdrawal, the User must notify its decision to Arcl0thes. He/she may do so, where appropriate, through the contact spaces provided on the Website. 

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. 

 In any case, the User may use the model withdrawal form that Arcl0thes makes available as an annexed part of these Conditions, however, its use is not mandatory. 

To meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiration of the withdrawal period. 

In case of withdrawal, Arcl0thes will refund to the User all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Arcl0thes is informed of the User's decision to withdraw. to withdraw by the User. 

Arcl0thes will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Arcl0thes may withhold such refund until it has received the products or items of the purchase, or until the User provides proof of the return of the products or items, whichever condition is met first. 

The User can return or send the products to Arcl0thes at: Avenida Arcadio Pardiñas 135, 2C, 27880, Burela(Lugo). 

And must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Arcl0thes was informed of the decision of withdrawal. 

The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is 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 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, 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 reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support. 

In this same sense is governed by the provision of a service that the User could hire in this Web Site.

The same law states that the right of withdrawal will not assist users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Arcl0thes, he will have lost his right of withdrawal. 

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition 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. 

In the following link you can download the Model of withdrawal form: 

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 conform to what was stipulated in the contract or purchase order, and that, therefore, should contact Arcl0thes immediately and let him/her know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). 

The User will then be informed on 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 of time, whether to proceed with the refund or, where appropriate, the replacement of the same. 

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate. 

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. 

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, shall always apply. 

 Warranties 

The User, as a consumer and user, enjoys warranties on the products that can be purchased through this Website, in the terms legally established for each type of product, responding Arcl0thes, therefore, for the lack of conformity of the same that is manifested within three years from the delivery of the product. 

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Arcl0thes and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the quality and performance usual for a product of the same type, and they present the quality and performance usual for a product of the same type. 

and which are essentially to be expected of a product of the same type. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products marketed on the Web Site may present non-homogeneous characteristics, provided that these are derived from the type of product or the type of product.

and when these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect. 

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the three years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products. 

9. DISCLAIMER OF LIABILITY 

Unless otherwise provided by law, Arcl0thes shall not accept any liability for the following losses, regardless of their origin: 

any losses which are not attributable to any breach by you; 

business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or for any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was entered into between the parties. 

Arcl0thes also limits its liability in the following cases: 

Arcl0thes applies all measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature. 

Arcl0thes will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, road delays, and in general any others typical of the sector, resulting in delays, losses or theft of the product. 

Technical failures that for fortuitous or other reasons, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Arcl0thes puts all means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of products, however disclaims liability for causes not attributable to it, fortuitous event or force majeure. Arcl0thes will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Arcl0thes will not be responsible for an erroneous return made by the User. 

In general, Arcl0thes shall not be liable for any failure or delay in the performance of any of its obligations when such failure or delay is due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to: 

Strikes, lockouts or other industrial action. 

Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. 

Impossibility to use trains, ships, airplanes, motor transport or other means of transportation, public or private. 

Impossibility of using public or private telecommunications systems. 

Acts, decrees, legislation, regulations or restrictions of any government or public authority. 

Thus, the obligations will be suspended for the period during which the force majeure continues, and Arcl0thes will have an extension of time to perform for a period equal to the duration of the force majeure. Arcl0thes will use all reasonable efforts to find a solution to enable you to perform your obligations notwithstanding the force majeure. 

10. WRITTEN COMMUNICATIONS AND 

NOTICES 

By using this Web Site, the User agrees that most communications with Arcl0thes will be electronic (e-mail or notices posted on the Web Site). 

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Arcl0thes sends electronically comply with legal requirements to be in writing. This condition shall not affect the User's statutory rights. 

The User may send notifications and/or communicate with Arcl0thes through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website. 

Likewise, unless otherwise stipulated, Arcl0thes may contact and/or notify the User by e-mail or at the postal address provided. 

11. WAIVER 

No waiver by Arcl0thes of any specific legal right or remedy or failure by Arcl0thes to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising under a contract or the Terms, or relieve the User from the performance of its obligations. 

No waiver by Arcl0thes of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and unless it is formalized and communicated to the User in writing. 

12. VOID 

If any of the present Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.

13. ENTIRE AGREEMENT 

These Terms and Conditions and any document expressly referred to in these Terms and Conditions constitute the entire agreement between the User and Arcl0thes in relation to the subject matter of the sale and purchase and supersede any prior agreements, understandings or promises made orally or in writing by the same parties. 

The User and Arcl0thes acknowledge that they have consented to the conclusion of a contract without having relied on any representations or promises made by the other party, except as expressly set forth in these Terms. 

14. DATA PROTECTION 

The information or personal data that the User provides to Arcl0thes in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Web Site the User consents to the processing of such information and data and declares that all information or data provided by the User is truthful. 

15. APPLICABLE LAW AND JURISDICTION 

The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law. 

Any dispute, problem or disagreement arising out of or related to the access, browsing and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between Arcl0thes and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 16. COMPLAINTS AND CLAIMS 

The User may send Arcl0thes any complaints, claims or other comments through the contact details provided at the beginning of these Terms (General Information). 

In addition, Arcl0thes has official complaint forms available to consumers and users, which they may request from Arcl0thes at any time, using the contact details provided at the beginning of these Terms (General Information). 

Furthermore, if a dispute arises from the conclusion of this purchase contract between Arcl0thes and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.