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Terms of service

Scope of application

The sales contracts (orders) concluded electronically between the store tqelbrand.com and the consumer shall be governed by the following General Terms and Conditions of Sale.

Please read these Terms and Conditions, our Cookie Policy and our Privacy Policy carefully before using this website. By using this website or placing an order through it, you agree to be bound by these General Terms and Conditions of Sale and our Privacy Policies. Therefore, if you do not agree with all of the provisions contained in these General Terms and Conditions of Sale and our Privacy Policies, you should not use this website.

If you have any questions regarding these General Terms and Conditions of Sale or our Privacy Policies, you can contact us using the contact details indicated in the following section.

Our details

The sales contract is entered into with FIVEDOX S.L. (hereinafter, “TQEL”), a Spanish company with registered office at C/ Cesar Cort Boti 76, 28055 Madrid, Spain, Tax ID B84463868, registered with the Madrid Commercial Registry, Volume 21739, Book 0, Folio 158, Section 8, Sheet M 387179.

You can contact us by telephone at +34 644 43 33 10 (WhatsApp), +34 919 48 79 02 or by email at  hello@tqelbrand.com

Language

The contract is concluded in Spanish.

Storage of the contract

Orders placed through the online store are stored. You can access your previous orders through your customer account or by sending an email to hello@tqelbrand.com

How to place an order

Users may browse the online store and add products to their shopping cart without being registered. Only when completing the purchase will it be necessary to provide certain mandatory information required to process the shipment of the order.

To find the item you are looking for, you can browse through all sections of our website. By clicking on any of the sections, you will find a wide range of items together with their descriptions, available sizes and corresponding prices. If you are looking for a specific item, you can use the search function incorporated into the website by entering any text related to the product you are looking for.

Once you have selected the desired item, simply click the “ADD TO CART” button. When a product is added to the shopping cart, you will automatically be able to view the current contents of your cart. At that point, you can choose either to continue shopping or to complete your order. If you continue shopping, the shopping cart will remain visible at all times in the upper right-hand corner of the screen. By clicking on it, you can view the full contents of the cart and make any necessary changes.

Once you have selected the items you wish to purchase and provided the information necessary for delivery, you will access a form containing all the information regarding the available shipping and payment options. Once TQEL receives a purchase order, it will immediately send confirmation of the completed purchase to the email address provided.

Please review the order confirmation email and check that all the information is correct. If you notice any incorrect information, you can contact Customer Service by telephone at +34 644 43 33 10 (WhatsApp), +34 919 48 79 02 or by email at hello@tqel.es.

Completion of the purchase

By clicking the “COMPLETE PURCHASE” button, you make a binding declaration of intent accepting the conclusion of the order and undertaking to pay for it. You will then receive confirmation that your order has been received, confirming that the contract has been concluded.

Price

The prices shown include the legally applicable Value Added Tax (VAT) and are stated in euros. Unless expressly stated otherwise, the prices shown do not include shipping costs.

The applicable VAT rate will be the rate legally in force at any given time according to the specific product concerned. For orders shipped to the Canary Islands, Ceuta and Melilla, or outside the European Community, deliveries will be exempt from VAT pursuant to Article 21 of Spanish Law 37/1992, without prejudice to the application of the relevant taxes and customs duties in accordance with the regulations in force in each of these territories.

The customer can download the order summary containing all order details from their private area and may also request a copy of the corresponding invoice at any time by sending an email to hello@tqelbrand.com

Payment methods

The payment method will be selected during the checkout process. Depending on the method chosen, payment must be made at the end of the process and will be an essential requirement for the order to be completed.

Proof of purchase will be available in the “My Account” section under “Orders” on the website, as well as in the confirmation email that formalises the purchase.

The user must pay the amount corresponding to the order using any of the payment methods available at the time of purchase, preferably by credit or debit card (Visa, Mastercard, American Express, Visa Electron and/or other similar cards, processed through the secure REDSYS platform) and/or through alternative payment systems such as bank transfer, Bizum, Apple Pay/Google Pay (processed through the secure STRIPE payment gateway) or PayPal.

For purchases made in Spain, the card used for payment must have been issued by a Spanish bank or savings bank. If this is not the case, the REDSYS platform may reject the transaction due to anti-fraud security filters.

TQEL uses the highest commercially available security measures in the sector. In addition, the payment process operates through a secure server using SSL (Secure Socket Layer) protocol.

TQEL also states that it does not have access to confidential data relating to the payment method used. Only the Redsys “BBVA” payment gateway and Stripe have access to this information for the purpose of processing payments and collections, and such information is inaccessible to other third parties.

 

Transfer of risk

The risk of loss of or damage to the goods will pass to the consumer when the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the goods. However, if you arrange the transport of the goods yourself or the carrier chosen by you is not one of those proposed by the seller, the risk will pass to the consumer and user upon delivery of the goods to the carrier, without prejudice to any rights you may have against the carrier.

It is important that you inspect the package at the time of delivery. If you notice that the package is damaged or in poor condition, you should report the issue to the carrier and contact us at hello@tqelbrand.com

Right of withdrawal

You have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days from the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the goods. If you have purchased several products and the shipment has been split into separate deliveries, the withdrawal period will expire 14 calendar days from the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the last item.

To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement sent to Calle San Rafael 4b, local 13, 28108 Alcobendas, Madrid, Spain, for example by sending a letter by post, or by email to hello@tqelbrand.com with the subject line “Withdrawal from purchase no. ________”. You may use the model withdrawal form provided for this purpose, although its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of this right before the relevant withdrawal period has expired.

Consequences of withdrawal

If you withdraw from the contract, we will refund all payments received from you, including delivery costs, with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us, without undue delay and in any event no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.

We will make the refund using the same payment method that you used for the original transaction, unless you have expressly requested otherwise. In any event, you will not incur any fees as a result of the refund. Under no circumstances will the refund be made before we have received the goods and checked their condition and integrity.

You must return the goods to our showroom in Alcobendas at C/ San Rafael 4b, local 13, 28108 Alcobendas, Madrid, Spain, without undue delay and, in any event, no later than 30 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline will be deemed to have been met if you return the goods before this period has expired. You will be responsible for the direct cost of returning the goods.

The products being returned must be in perfect condition, together with all accessories and their original packaging. If the order included any gift with purchase, this must also be returned in order for the withdrawal to be accepted.

Exceptions to the right of withdrawal

The right of withdrawal will not apply to orders relating to:

  • The supply of goods made to the consumer’s specifications or clearly personalised.
  • The supply of goods that are liable to deteriorate or expire rapidly.
  • The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

The right of withdrawal will also not be accepted where the item being returned is not exactly the item purchased, except where a different product was sent to you by mistake, where it has been unsealed after delivery, is not in perfect condition, or has been opened or used, except where the purchased product has a fault or defect.

 

Damaged, defective or incorrect products

If, upon delivery of an order, you notice that the packaging has been tampered with or damaged, you should indicate the reason on the carrier’s delivery note and sign it.

If you receive a product with a manufacturing defect, fault or an incorrect product, you have 7 days from receipt of the order to return it, provided that you notify us within 72 hours of receiving the order by email at hello@tqelbrand.com

You must send us a high-resolution photograph of the damaged, defective or incorrect item to hello@tqelbrand.com and keep the item so that we can process the return. You must also send us a photograph of the original packaging and keep the packaging. We will then inform you of the procedure to follow.

If the order included any gift with purchase, this must also be returned in order for the return to be accepted.

Once the goods have been received and their condition has been checked, the corresponding amount will be refunded using the payment method used for the order, or the product will be replaced.

Warranties

All products offered on the website are covered by the statutory 3-year conformity guarantee in accordance with the conditions established in Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws.

Our warranty covers the replacement of affected products in the event of manufacturing defects.

The following are excluded from the warranty:

  1. Burns, cuts, abrasions, wrinkles, marks, scratches or other damage caused by animals or by improper or incorrect use of the product contrary to the recommended and advertised use.
  2. Use of or contact with chemical products such as acids, solvents, dyes, paint, ammonia, lacquers or other hairdressing products, as well as treatment with cleaning products that are not suitable for the specific fabric or material of the product.
  3. Natural variations in colour or texture resulting from normal use and/or maintenance that does not comply with the specified care instructions.
  4. Normal wear and tear or ageing of the product.
  5. Indirect damages and losses of any kind.

After-sales service

Our Customer Service team is available to deal with any complaints or issues you may have. You can contact us via WhatsApp at +34 644 43 33 10, by telephone at +34 915 45 26 58, by email at hello@tqelbrand.com, or by post at Calle San Rafael 4b, local 13, 28108 Alcobendas, Madrid, Spain.

Retention of title

Ownership of the product will pass to the buyer once the full purchase price has been paid.

Events beyond our control

We will not be liable for any failure or delay in performing any of our obligations where such failure or delay is caused by events resulting from force majeure.

Force majeure will include any act, event, failure to act, omission or accident beyond our reasonable control, including, among others:

  • Strikes, lockouts or other industrial action.
  • Civil unrest, riots, invasion, terrorist threats or attacks, war, whether declared or not, or threats of or preparations for war.
  • Fire, explosion, storm, flooding, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions imposed by any government or public authority.

Our obligations will be deemed suspended for as long as the force majeure event continues, and we will be granted an extension of time to perform those obligations for a period equal to the duration of the force majeure event.

We will use all reasonable efforts to bring the force majeure event to an end or to find a solution that enables us to fulfil our obligations despite the force majeure event.

Intellectual and industrial property

You acknowledge and agree that all copyright, trademarks and other intellectual and industrial property rights relating to the materials or content provided as part of the website belong at all times to us or to those who have licensed their use to us.

You may use such material only in the manner expressly authorised by us or by those who have licensed its use to us.

This will not prevent you from using this website to the extent necessary to copy information relating to your order or our contact details.

Viruses, hacking and other cyberattacks

You must not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or malicious programs or materials.

You must not attempt to gain unauthorised access to this website, the server on which this website is hosted, or any server, computer or database connected to our website.

You agree not to attack this website by means of a denial-of-service attack or a distributed denial-of-service attack.

Any breach of this provision may constitute an offence under applicable law. We will report any such breach to the competent authorities and cooperate with them in identifying the attacker.

In the event of a breach of this provision, your right to use this website will cease immediately.

We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or malicious program or material that may affect your computer, IT equipment, data or other materials as a result of using this website or downloading content from it or from any website to which it redirects.

Links from our website

Where our website contains links to other websites or third-party materials, such links are provided for information purposes only.

We have no control over the content of those websites or materials and therefore accept no liability for any damage or loss arising from their use.

 

Written communications

Applicable law requires that some of the information or communications we send you be provided in writing. However, by using this website, you agree that most communications between you and us may be made electronically.

We will contact you by email or provide information by posting notices on this website.

For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with any legal requirement that such communications be made in writing. This condition does not affect your statutory rights.

Notices

Any notices you send us should preferably be submitted through the contact form available on our website. In accordance with the previous clause and unless otherwise stipulated, we may send communications to you either by email or to the postal address provided by you when placing an order.

Waiver

If we fail to require strict performance by you of any of your obligations under a contract or these Terms and Conditions, or if we fail to exercise any rights or remedies to which we may be entitled under such contract or these Terms and Conditions, this will not constitute a waiver or limitation of those rights or remedies and will not release you from your obligation to comply with them.

Any waiver by us of a particular right or remedy will not constitute a waiver of any other rights or remedies arising from a contract or these Terms and Conditions. No waiver by us of any provision of these Terms and Conditions or of any right or remedy arising from a contract will be effective unless it is expressly stated to be a waiver, formalised accordingly and communicated to you through the contact details you have provided to us.

Severability

If any of these Terms and Conditions or any provision of a contract is declared null, invalid or unenforceable by a final decision of a competent authority, the remaining terms and conditions will remain in full force and effect and will not be affected by such declaration.

Our right to amend these Terms and Conditions

We reserve the right to amend these Terms and Conditions.

We will keep you informed of any material changes made to them. Such changes will not have retroactive effect and, except where otherwise required in specific circumstances, will apply 10 days after the date on which the corresponding notice is published.

If you do not agree with the changes introduced, we recommend that you do not use our website.

Applicable law and jurisdiction

The use of our website and contracts for the purchase of products through this website will be governed by Spanish law.

These General Terms and Conditions are subject to and governed by Spanish law, in particular:

  • Law 7/1998 of 13 April on General Contracting Conditions (Ley 7/1998, de 13 de abril, sobre Condiciones Generales de Contratación).
  • Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws.
  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC.
  • Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico).

For the resolution of disputes, the parties submit to the Courts and Tribunals of the consumer’s place of residence, waiving any other jurisdiction that may otherwise apply.

Comments, suggestions, complaints and claims

Your comments and suggestions are welcome. Please send us any comments and suggestions, as well as any enquiries, complaints or claims, through our contact form, by telephone, or using the postal or email address indicated in Clause 2 of these General Terms and Conditions.

We also have official complaint forms available to consumers and users. You can request them by calling +34 644 43 33 10 (WhatsApp) or +34 919 48 79 02, or through our contact form.

Complaints and claims submitted to our Customer Service team will be handled as quickly as possible and, in any event, within a maximum period of one month.

If, as a consumer, you believe that your rights have been infringed, you may send your complaint to hello@tqelbrand.com in order to seek an out-of-court resolution of the dispute.

CITA SHOWROOM