General Terms and Conditions

1. THE PARTIES

The sale of goods via this website is carried out by “PUERTO JOSE BANUS S.A.”, a Spanish company, with registered office at 29600-Marbella (Malaga), Torre de Control del Puerto José Banús, constituted under the name “PUERTO  JOSE  BANUS  DE  ANDALUCIA  LA NUEVA S.A.” by deed granted by the Notary Public of Madrid, Mr. José González Palomino, on 19 May 1967 and registered in the Business Register of Malaga in Volume 509 of the archive, Book 374 of Section 3 (Companies), Folio 79, page number 2649-A, Entry 2. Its CIF (Spanish VAT number) is A28183036 (hereinafter “PUERTO BANÚS”).

You consent to the processing of your personal data in accordance with the provisions of the Privacy and Cookies Policy, and declare that all the information you provide is truthful.

2. PURCHASING SYSTEM

At Puerto José Banús S.A. we want to make your online shopping experience as simple and intuitive as possible. To shop at our Boutique Concept Store you must be of legal age, select the products you are interested in and add them to your shopping cart. The sale of alcoholic beverages to minors is not permitted.

When you have selected all the products you wish to purchase, click on View Cart where you will find all the products you have selected. In this section you will be able to modify the quantity of the goods and to insert a discount coupon if you have one. You will then need to click on “Complete purchase”, fill in the form with your billing and delivery details, and select a payment method.

You will receive your purchase soon thereafter, but should you have any questions regarding delivery times, please contact us at [email protected]

2.1. Method and place of payment

At Puerto José Banús S.A. we make sure that you can complete your purchases in a safe, comfortable and user-friendly manner. Our online boutique accepts payment by debit or credit card, Visa, MasterCard, American Express, or via PayPal or Bizum. The place of payment is Spain.

2.2. Credit card payment

Our online shop connects to the Redsys or Stripe payment platform in a 100% secure manner. Payment is immediate and you are also able to save your card details for future purchases.

3. GENERAL CONDITIONS OF SALE

3.1. Exclusively for end-consumers and end-users

Puerto José Banús S.A. offers the sale of its products via its website to end-consumers only. The end-consumer is any natural person who purchases from Puerto José Banús S.A. for purposes other than business, commercial or professional activities.

3.2. Modification of conditions

Puerto José Banús S.A. reserves the right to modify the commercial offering of its Website at any time (modifications concerning prices, products, promotions, and other commercial and service conditions). These modifications will in no case affect purchases already made.

3.3. Liability

Puerto José Banús S.A. is not responsible for delays in the delivery of orders, or the inability to deliver when the cause is due to a force majeure event, and therefore beyond our control. Although not an exhaustive list, we understand force majeure to apply in the following cases: accidents; strikes; riots, terrorist threats or attacks; fire or explosion; meteorological causes or natural disasters such as storm, flood, earthquake, subsidence, epidemic; issues beyond our control related to the means of transport or telecommunication systems. As far as possible, once the cause of the inability or delay has been resolved, Puerto José Banús S.A. will make every effort to resume its commercial activities and to be able to fulfil its obligations and deliveries.

Unless expressly stated otherwise, our liability in relation to any product purchased through this website shall be strictly limited to the purchase price of such product. Therefore, unless otherwise specified by law, we shall not be liable for any loss of income or sales, loss of business, loss of profits, including loss of savings, loss of data or loss of management time.

3.4. Taxes

The prices shown on this website for countries within the European Union are inclusive of any applicable VAT, but exclude shipping costs, which will be added to the total amount due.

The prices shown on the website for countries outside the European Union do not include VAT or shipping costs, which will be added to the total amount due. Upon receipt of your package, you will be charged a customs and tax surcharge.

You can contact the customs offices in your country to request detailed information regarding these charges. If you decide to refuse your purchase from Puerto José Banús S.A. once the package arrives, you will be liable for the original shipping costs, any taxes or customs charges applied to your order, as well as the cost of sending the package back to our offices. This amount will be deducted from the refund amount of your order. We are required by law to declare the exact value of the contents of the package and cannot alter it in any way.

3.5. Delivery and availability of products

Delivery.- Unless there are circumstances arising from the customisation of the products, or unforeseen or extraordinary circumstances, we will send you the confirmed order within the period indicated on the website according to the delivery method selected. If it is not possible to comply with the delivery date, we will inform you of this and give you the option of continuing with the purchase or setting a new delivery date, or cancelling the order with a full refund of the amount paid.

The item sold will be deemed to have been delivered when you, or a person indicated by you, acquires material possession of the products, which will be evidenced by signature upon receipt of the order at the agreed delivery address or with the certificate of the shipping company. Until then, ownership of the goods remains with Puerto José Banús S.A.

You will acquire ownership of the goods sold provided that Puerto José Banús S.A. has received full payment of all amounts due in respect thereof, including delivery charges, or upon delivery, if this takes place at a later point in time.

Availability.- All orders are subject to product availability. In the event of supply issues, or if items are out of stock, the customer will be informed immediately and any monies paid will be refunded. Please refer to the restrictions of the country of destination for certain types of goods.

We regret that we are unable to ship certain non-exportable items (jewellery [except costume jewellery], pearls, precious metals or stones) internationally.

3.6. Shipping policy

Shipping charges are calculated in the last step of the purchase process and are determined based on the weight, dimensions and destination of the selected items. Shipping charges will be charged along with the purchase of the items at the end of the checkout process.

In some cases, shipments may be free of charge due to current promotions or if there is an offer from a marketing campaign which is activated in a specific season.

Puerto Banús Concept Store has the logistics and transport company SEUR as its official supplier for the shipping and delivery of orders placed through its online shop.

3.6.1. Shipping costs

Free shipping from 100 € to the following countries:

  • Spain
  • UK
  • Italy
  • Germany
  • France
  • Netherlands
  • Belgium

Orders under 100 €:

  • Spain – 5€ (standard rate for mainland and islands)
  • Rest of the world (whether less than 100 € or more than 100 €*) – 15 €.

*If the above countries buy more than 100 € your delivery is free of charge.

3.6.2. Delivery times

Puerto Banús Concept Store, through SEUR, its official supplier of shipments and delivery of orders, has the following delivery times from the time the order is confirmed in the online shop until the customer receives it at the address indicated at the time of placing the order online:

Delivery times depending on destination:

  • Spain: 24-48 hours
  • Europe: 2-4 days
  • Rest of the world: Depends on the country (with a maximum of 30 days).

3.7. Customer care

For any clarification, to make a complaint or in the event of an incident regarding your order, you can contact us at [email protected]

3.8. Returns

At Puerto José Banús S.A. we care about the satisfaction of our customers. If for any reason you are not fully satisfied or if what you have ordered is simply not your size, you have the option of exercising your right of withdrawal within 15 working days from the date on which you received the order.

To return an order, you will need to write to [email protected] within these same 15 working days.

What is the process for returns?

  1. Please contact us within 15 days of receiving your order.
  2. Please provide us with your order number and receipt.
  3. Package and seal the order and add our contact details:
    PUERTO BANÚS CONCEPT STORE
    Torre de Control Puerto José Banús
    C.P. 29660. Marbella, Málaga. ESPAÑA
    Tel. 952 909 800
  4. Please explain the reason for the return, so that the boutique team can better understand why you want to return the product.

The product must be returned in its original packaging. If the product is damaged, we will not be able to accept the return.

Please note that if you complete the online returns process on a Friday, Saturday, Sunday or public holiday, we may not be able to receive your parcel until Monday of the following week or on the subsequent working days.

Your return must meet all of these conditions in order to be accepted.

In the event that your return does not meet these conditions and is not accepted, Puerto José Banús S.A. will contact you regarding the option of returning to you the items that have not been accepted. All costs arising from the return, including the shipping of the items, taxes or customs duties, shall be borne by you. If you do not accept this option, Puerto José Banús S.A. can keep the goods and the price of same.

As soon as Puerto José Banús verifies that all the above conditions are fulfilled, we will contact you by e-mail informing you of the acceptance of the return.

From that date we have 30 working days to refund your purchase. Shipping costs will not be refunded under any circumstances.

Items returned correctly and undamaged will be refunded on the same credit card that was used to make the purchase, including VAT and excluding shipping costs.

*No refunds will be given on discounted items

Shipping costs will only be refunded if the reasons for the return are attributable to Puerto José Banús S.A., e.g., the item is not what you ordered or is defective.

The refund will be made through the means of payment you used:

For more information on returns and the procedure, please contact [email protected]

Exchanges

Have you changed your mind? If so, and you would like to exchange your product for a different one, please contact us within 15 days of receiving your item.

We recommend that you make a new purchase and specify the number of the order you want to return, so that the driver delivering your new order will pick up the previous one. Once we have received the return, we will proceed with the refund.

Please note that shipping costs will be borne by you.

3.9. Order cancellations

Puerto José Banús reserves the right to cancel orders placed on the basis of typing or arithmetical errors or which contain an inaccurate delivery address which may hinder the delivery of the goods.

If you wish to cancel an order that has not yet been dispatched, you can do so by sending us an email at [email protected] with the number of the order you wish to cancel. Once the order has been dispatched, no cancellations will be accepted.

3.10. Wrong item

If you have received the wrong item in your order, you can return it to us and we will replace it with the correct item.

In this case, please contact us by e-mail at [email protected] providing us with the relevant details.

3.11. Damaged or defective product

If the item received is damaged or has a manufacturing defect, you can return it and after evaluation we will exchange it for another one. Send us an email with photo(s) of the product and purchase receipt to [email protected].

We do not accept returns of items with breakage resulting from misuse or wear and tear over time.

If you have any questions or suggestions about our returns and exchange policy, or if there is anything we can do for you, please do not hesitate to contact us.

4. SECURITY AND CONFIDENTIALITY OF ELECTRONIC COMMUNICATIONS

Puerto José Banús S.A. guarantees security and confidentiality in all communications with its customers.

All online payment transactions are carried out via a secure server, based on the SSL standard, which protects the data against attempted violations by third parties.

Puerto José Banús S.A. guarantees the protection and confidentiality of personal details, address details, payment and any other type of details provided by our customers in accordance with the provisions of Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

In compliance with the provisions of said Organic Law 3/2018, of 5 December, you may at any time exercise your right of access, rectification, erasure and objection regarding your personal data by writing to [email protected]

5. INTELLECTUAL PROPERTY RIGHTS

The user acknowledges and agrees that all copyright, designs, photographs including all image rights, graphics, sounds, music, video, audio, text, trademarks and all other content and intellectual property rights and materials relating to the content described herein, including the software of Puerto José Banús S.A. and all HTML codes contained in this website, are protected by copyright and other intellectual property rights of Puerto José Banús S.A. and other rights holders.

Puerto José Banús S.A. does not guarantee that the contents are accurate or error-free or that your use of them will not infringe the rights of third parties. Your use or misuse of this website and its contents is at your own risk.

6. APPLICABLE LAW AND JURISDICTION

These General Conditions are governed by Spanish law. In the event of any dispute or conflict related to the application or interpretation of same or to the execution of the contract, the parties shall submit to the Courts and Tribunals with territorial jurisdiction in accordance with the legislation in force.

Puerto José Banús S.A. is not a member of any accredited alternative dispute resolution entity, so that in the event of a procedure being initiated in this respect for a claim that could not be resolved, it will not participate in the aforementioned procedure.