Terms and Conditions of Sale

!! Needs legal review !!

1. PREAMBLE

These General Conditions of Sale apply to orders for products placed on the following websites:

  • abanderado.es
  • flagbearer.com

(hereinafter collectively referred to as the " Site ").

The products that can be purchased on the Site are marketed by DBI Spain Innerwear SA, a sole proprietorship company with Tax ID No. A84435080 and a share capital of €3,489,200, registered in the Mercantile Registry of Madrid, volume 21720, folio 151, section 8, page M-386799, and with registered office at Calle Retama 7, Floor 10, 28045 Madrid, Spain (hereinafter the " Seller ").

Sales are intended exclusively for consumers, i.e. any natural person who is not acting within the framework of a commercial, industrial, craft or professional activity (hereinafter the " Customer ").

The Seller is associated with Global-e France SAS, a French simplified joint-stock company with a share capital of €10,000, registered with the Paris Trade and Companies Register under number 818 358 459 and having its registered office at 320 rue Saint-Honoré, 75001 Paris, France (hereinafter " Global-e ").

Global-e allows Customers to place orders in locations where the Seller does not typically manage order fulfillment and delivery services. Pursuant to an agreement with the Seller, Global-e executes sales on its own behalf and on behalf of the Seller, ensuring that products are available for purchase on the Site, facilitating their delivery to these locations, and handling Customer inquiries related to order fulfillment.

2. OBJECT

These General Conditions of Sale apply to all purchases made by a Customer through the Site, with delivery limited to the territories listed in the "Territories" Annex below.

Any order placed through the Site implies the unreserved acceptance of these General Conditions of Sale by the Customers.

The General Conditions of Sale applicable to orders are those in effect on the Site at the time Customers confirm their order. These General Conditions of Sale may be modified at any time.

3. PRODUCTS

a. Product characteristics

Customers are encouraged to consult the description of each product to familiarize themselves with its main characteristics (color, composition, maintenance, dimensions). However, Customers accept that there may be minor differences between the photograph presented on the Site and the product they receive, particularly with regard to color. These non-substantial differences cannot under any circumstances be considered defects in conformity and do not give rise to the cancellation of the sale.

b. Product availability

The products offered for sale online are those listed on the Site on the day of the Customer's inquiry, subject to available stock. At the time of placing the order, the Customer is informed of the availability of the selected product. Exceptionally, errors or modifications may occur, particularly in the case of simultaneous orders for the same product by several customers.

If a product is unavailable after the order has been placed, the Seller undertakes to inform the Customer as soon as possible by email. Only the price of products actually shipped will be charged. In the case of immediate collection, the price of the product ultimately unavailable will be refunded directly to the payment method used.

4. PRICES

Product prices are indicated in the local currency corresponding to the order's delivery address and include all applicable taxes, as well as any import duties, tariffs, or similar fees that may apply depending on the delivery location. Shipping costs are not included in product prices and vary depending on the shipping method selected.

All applicable charges, including shipping costs, are clearly detailed in the order summary before the Customer confirms the order.

The Seller reserves the right to modify the selection of products offered through the Site, as well as their prices, at any time and without prior notice. The price applicable to the Customer's order is the price in effect on the Site at the time of the Customer's order confirmation, except in the case of obvious errors (computer errors, data entry errors, technical errors, etc.).

If orders have been placed at incorrect and clearly excessively low prices (low prices), the orders will be canceled. The Seller will inform affected customers without delay so that, if they wish, they may place a new order with the corrected price.

5. ORDERS

a. Creating a customer account

To place an order, Customers must identify themselves by logging into their customer account or creating a new account using the procedure indicated on the Site. The username and password chosen by Customers when creating their customer account are personal and inalienable, and they are responsible for any use, particularly fraudulent, that third parties may make of them.

Customers must enter the personal information marked as mandatory and required to process orders, and update it if necessary. The Seller shall not be liable under any circumstances for errors or incidents in the shipment of ordered products due to incomplete or incorrect information.

b. Order registration

Customers wishing to place an order can select the product or products of their choice by clicking "Add to Cart." At any time, Customers can view the contents of their order and obtain detailed information about the selected products (reference, size, color, quantity chosen, unit price) by clicking on the cart icon with the ABANDERADO logo and, if necessary, modify it.

Once the cart has been definitively confirmed, Customers must indicate their delivery and billing addresses and accept these General Terms and Conditions of Sale by checking the corresponding box. Customers must then definitively confirm the order by clicking the "Pay Now" button.

c. Payment of the order

All orders placed on the Site must be paid by Customers immediately after confirming the order by clicking on the "Pay Now" icon.

The total price of the order to be paid by the Customer is the amount indicated in the order summary, which the Customer reviewed before confirming their order and includes shipping costs.

All orders placed on the Site are paid exclusively online using one of the following payment methods:

  • Credit or debit card (Visa, Mastercard, American Express)
  • Shop Pay
  • Paypal

The corresponding amount will be charged to the Customer's account upon confirmation of the order. In accordance with Article L.214-1 of the French Consumer Code , the parties expressly exclude the legal qualification of a non-refundable deposit ( arras ) within the meaning of Article 1590 of the French Civil Code .

The Seller uses the secure payment service Shopify Payment , which incorporates the SSL (Secure Socket Layer) security standard. Sensitive data transmitted via this service (card number, expiration date, cryptogram) will be encrypted.

d. Confirmation and acknowledgment of receipt of the order

The sale will only be considered final once the payment method used has been accepted and the Seller has received the full price, via Global-e if applicable. The Seller reserves the right to cancel the order in the following cases: the address is outside the delivery area, a prior dispute with the Customer, non-payment, risk of non-compliance with these General Conditions of Sale, or any other legitimate reason.

Once payment has been validated, and unless the Seller rejects the order, the Customer will receive an order confirmation by email, sent to the email address provided when creating their customer account. This order confirmation includes a summary of all previously communicated information.

All orders are considered firm and final upon receipt of the order confirmation email. Orders cannot be canceled by the Customer, except in the event of exercising the right of withdrawal, in accordance with Article 7 of these General Conditions of Sale.

e. Order and invoice tracking

Customers can access their order and invoice history by clicking on the "My Account" icon and then "My Orders."

6. DELIVERY

Orders placed on the Site will be delivered via Correos Express in mainland Spain, the Balearic Islands, and Portugal; for all other territories, delivery will be made through Global-e, which acts as the authorized carrier on behalf of the Seller. For any questions or issues related to delivery, the Customer may contact the relevant customer service department: Correos Express for national and international shipments to the Balearic Islands and Portugal, or Global-e for all other destinations, as specified in Article 11.

a. Delivery area

Products available for purchase on the Site are delivered only to the territories listed in the “Territories” Appendix below.

b. Delivery conditions / Delays

The products will be delivered to the Customer at the delivery address indicated when placing the order and according to the chosen delivery method.

Deliveries will be made within the timeframe specified in the order summary at checkout, starting the day after payment is received. In any case, delivery will be made within a maximum of thirty (30) days from this date, except in cases of force majeure .

Fixed shipping costs depend on the delivery method chosen by the Customer and will be detailed during the order process.

    c. Receiving orders

    Upon receiving the order, Customers must verify that the products received comply with the order. If Customers wish to return one or more products, they must follow the procedure set forth in Article 7 below. In the event of irregular or abusive returns, the Seller may refuse to confirm any subsequent orders from the Customer.

    7. RETURNS AND REFUNDS

    Only products that have been effectively purchased through the Site may be returned to the Seller, in accordance with the procedures indicated below, which will vary depending on whether the Customer exercises their right of withdrawal or claims that the product does not conform to the order.

    In all cases, products must be returned in their original packaging, with all included accessories (straps, cases, etc.), the size tag, and the delivery note.

    Refunds will be issued using the initial payment method.

    Without prejudice to the application of the legal guarantees specified below in Article 8 , if the return conditions described in this article are not met, Customers will not be able to obtain a refund for the returned products. However, Customers may recover the returned products, at their own expense, in the condition in which they were returned to the Seller.

    a. Right of withdrawal

    Customers have 30 calendar days from the date of receipt of the package containing the product(s) they ordered to return the item(s) at their own expense and risk, without needing to justify the reason.

    This period of thirty (30) calendar days will begin to count:

    • From the date of delivery of the products to the delivery address provided by the Customer (or, in the absence of the Customer, from the date of the first attempt to deliver the package containing the products).
    • Or, when the Customer has chosen delivery to a collection point, from the day they are notified by email and/or text message that the order has been delivered to the selected collection point.

    The product(s) must be returned to the Seller in perfect condition, in their original packaging, including the delivery note and size tag. The product(s) must have been purchased through the Site. Items returned incomplete, damaged, used, damaged, or soiled will not be refunded. Likewise, all accessories that are part of the finished product must be returned. Returns will be rejected if any accessories are missing.

    Customers must return the product(s) at their own expense, accompanied by the return slip. To obtain the return slip, and as a mandatory requirement, the Customer must first initiate a return request through the "Returns and Refunds" section of the Site, by clicking "Start a Return" and completing the order details.

    If all of the above conditions are met, the Seller, through Global-e if applicable, will refund the Customer the full amount paid for the order, including the initial shipping costs if the entire order is returned.

    The Seller will issue the refund within a maximum of 14 calendar days after receiving the returned products. The actual credit date to the Customer's bank account may vary depending on the contract with their bank. In accordance with Article 5.c, the Seller will credit the bank card used for the purchase, providing their service provider with information regarding the order number.

    b. Defective or non-compliant products

    In the case of non-compliant or defective products (for example, a product that is damaged or does not correspond to its description), Customers may contact Global-e's customer service, as specified in Article 11 , who will inform them of the procedure to follow.

    In the event that the non-conformity of the product is confirmed, and unless it is evident that the lack of conformity occurred after delivery to the Customer, the Seller, through Global-e if applicable, will refund all amounts paid by the Customer at the time of purchase, including initial shipping costs, within a maximum period of twenty-eight (28) days.

    Refunds will be subject to prior return of the product, unless the Seller decides, at its discretion, to waive this requirement. If a return is required, the refund will be processed only after receipt and registration of the returned products.

    8. LEGAL GUARANTEE OF CONFORMITY

    Customers will benefit from the legal guarantee of conformity (Articles L.217-3 et seq. of the French Consumer Code ), as well as the legal guarantee covering hidden defects (Articles 1641 et seq. of the French Civil Code ), under the conditions and according to the terms indicated below.

    The consumer will have a period of two years from the date of delivery of the goods to assert the legal guarantee of conformity in the event of a defect in conformity. During this period, the consumer must only prove the existence of the defect in conformity, not the date of its appearance.

    When the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty shall apply to said digital content or digital service for the entire expected supply period. During this period, the consumer must only prove the existence of the defect of conformity affecting the digital content or digital service, and not the date of its appearance.

    The legal guarantee of conformity implies the obligation of professional operators, where appropriate, to provide the necessary updates to ensure the conformity of the goods.

    The legal guarantee of conformity grants the consumer the right to have the goods repaired or replaced within thirty days of the request, free of charge and without significant harm to the consumer.

    If the goods are repaired under the legal guarantee of conformity, the consumer will benefit from a six-month extension of the initial warranty period.

    If the consumer requests repair of the goods, but the seller requires their replacement, the legal guarantee of conformity will be renewed for a period of two years from the date on which the goods are replaced.

    The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if:

    1. The merchant refuses to repair or replace the goods.
    2. The repair or replacement of the goods occurs after a period of thirty days.
    3. The repair or replacement of goods causes serious inconvenience to the consumer, particularly where the consumer must ultimately bear the cost of recovering or removing the non-compliant goods, or where the consumer must bear the cost of installing the repaired or replaced goods.
    4. The lack of conformity of the goods persists even though the seller has unsuccessfully attempted to bring them into conformity.

    The consumer is also entitled to a reduction in the price of the goods or to withdrawal from the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or withdrawal from the contract. In such cases, the consumer is not required to request prior repair or replacement of the goods.

    The consumer has no right to withdraw from the sale if the lack of conformity is a minor defect.

    Any downtime of the products, with a view to their repair or replacement, will suspend the warranty period remaining until the delivery of the returned products.

    The above-mentioned rights arise from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code .

    Any seller who, in bad faith, obstructs the application of the legal guarantee of conformity shall be sanctioned with a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code ).

    Consumers also benefit from the legal guarantee covering hidden defects under Articles 1641 to 1649 of the French Civil Code , for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or a full refund if they are returned.

    9. RESPONSIBILITY

    The Seller cannot be held liable for non-performance of the contract due to force majeure within the meaning of Article 1218 of the French Civil Code .

    Except in cases where the Seller has breached its legal or contractual obligations, the Seller disclaims all liability for:

    • any interruption of the website;
    • any occurrence of computer errors;
    • any damage resulting from fraudulent intrusion by a third party that causes the information available on the Site to be modified;
    • minor and non-substantial errors and defects related to the products (without prejudice to the Customer's right of withdrawal);
    • in case of temporary unavailability of customer service.

      10. PERSONAL DATA

      To learn how your personal data is processed, Customers are encouraged to consult the Seller's Privacy Policy, which can be accessed in the "Privacy Policy" section of the Site.

      11. CUSTOMER SERVICE AND CONTACT INFORMATION

      For any questions, concerns, or complaints related to an order (including delivery and shipping, returns and refunds, or other order-related issues), the Customer may contact Global-e Customer Service via:

      • Email: service@global-e.com
      • Contact form or chatbot available in the "Contact" section of the Site.

      If necessary, Global-e may redirect the Customer to the Seller's customer service.

      12. CLAIMS - APPLICABLE LAW - LITIGATION

      These General Conditions of Sale are governed by French law.

      The Customer may submit a complaint to the Seller through Global-e's customer service, as indicated above in article 11 .

      If the Customers' claims are not resolved, they may resort to a conventional mediation procedure or any other alternative dispute resolution method, in particular by resorting, free of charge, to the competent consumer mediator, whose contact details are indicated below: Médiateur de la consummation FEVAD – BP20015 – 75362 PARIS CEDEX 8 – https://www.mediateurfevad.fr .

      If an amicable agreement is not reached, or at any other time, the Client shall be free to submit the dispute to the competent courts.

      SELLER INFORMATION AND LEGAL NOTICE:

      Without prejudice to the provisions set forth above in Article 11 , which specifies the primary contact for matters relating to orders, the Seller may be contacted using the following contact information:

      • Email address: abanderado.spain@dim.com
      • Telephone: 91 665 37 30
      • Postal address: Service E-commerce - Calle Retama, 7, 28045 Madrid, Spain

      NIF/CIF: A84435080
       Unique identification number for the "Textile Products" sector: FR209003_11IYYV
       Unique identification number for the "Household Packaging" sector: FR209003_01BMVD

      Site Editor: DBI Spain Innerwear SA, a Spanish simplified joint-stock company with a share capital of €3,489,200, registered in the Mercantile Registry of Madrid, volume 21720, folio 151, section 8, page M-386799, with NIF A84435080.

      Publication Director: Mr. Alberto Jimenez, in his capacity as General Director

      Hosting of the Site: SHOPIFY International Limited, with registered office at Victoria Building 1-2, Haddington Road, Dublin 4, D04XN32, Ireland.

      ANNEX – Territories

      The products available for purchase on the Site are delivered exclusively to the following territories:

      • Albania
      • Germany
      • Andorra
      • Austria
      • Belgium
      • Bosnia and Herzegovina
      • Bulgaria
      • Cyprus
      • Croatia
      • Denmark
      • Peninsular Spain (excluding the Canary Islands, Ceuta and Melilla)
      • Balearic Islands
      • Estonia
      • Finland
      • Gibraltar
      • Greece
      • Guadalupe
      • Guernsey
      • Guyana
      • French Guiana
      • Ireland
      • Italy
      • Latvia
      • Liechtenstein
      • Lithuania
      • Luxembourg
      • North Macedonia
      • Malta
      • Martinique
      • Mayotte
      • Moldova
      • Monaco
      • Montenegro
      • Norway
      • New Caledonia
      • Netherlands
      • French Polynesia
      • Portugal (excluding Azores)
      • Romania
      • United Kingdom
      • Meeting
      • Saint Bartholomew
      • San Marino
      • Serbia
      • Sweden
      • Swiss
      • Czech Republic
      • Wallis and Futuna