Terms and Conditions
General Terms and Conditions of Sale
1. General information
This document (as well as all/other documents referred to herein) governs the conditions governing the use of this Website and the purchase or acquisition of products on this Website (hereinafter referred to as the Conditions). This document and other related documents are accessible on the Website for consultation.
For the purposes of these Conditions, it is understood that the activity that Nora Branni Saliner (CEO of Branni Pets) carries out through the Website comprises: the sale and marketing of leather dog walking accessories, such as collars, leads, dog carriers, etc.
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 Branni Pets Privacy and Data Protection Policy. By using this Website or by making and/or requesting the purchase of a product through this Website, the User agrees to be bound by these Terms and Conditions and all of the above, and if the User does not agree to all of the above, the User should not use this Website.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided or, where appropriate, using the contact form.
The information on the conditions of purchase and navigation on the website are written in Spanish. They are permanently available for printing or saving.
2. The user
Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
To make use of this Website only to make enquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
Provide truthful and lawful contact details, e.g. email address, postal address and/or other details (see Legal Notice).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in Spain. Branni Pets makes no representation that the Website complies with the laws of other countries, either in whole or in part. Branni Pets disclaims any liability that may arise from such access. The User may enter into a purchase contract with Branni Pets for the purchase of the desired products in any of the languages in which these Terms and Conditions are available on this Website.
3. Purchase or acquisition process
To proceed with the purchase of the product, the User must select the product you wish to purchase and add it to the Cart. Once the selection of products to be purchased has been completed, the User must click on the "Cart" icon. The products selected for purchase will then be indicated and the User must select from the options available for the delivery of the products to the address indicated and the method of payment for the same.
The data provided to Branni Pets through the relevant form are identifiers to access and make purchases and are personal and non-transferable.
Subsequently, the User will receive an email confirming that Charuca has received their order or purchase request, i.e. order confirmation. 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 to the Website generating an electronic invoice which the User may download via his or her personal space connected to the Website. The User may also, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Branni Pets using the contact spaces on the Website or through the contact details provided.
The User acknowledges being aware, at the time of purchase, of certain special conditions of sale concerning the product in question and which are shown next to the presentation or, where appropriate, image of the product 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, colour, product details, or characteristics and acknowledges that the placement of the purchase order or materializes the full and complete acceptance of the special conditions of sale applicable to each case.
All purchase orders received by Branni Pets through the Website are subject to the availability of 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, Branni Pets undertakes to contact the User and reimburse any amount that may have been paid by way of payment.
5. Prices and payment
The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless, by legal requirement, especially with regard to VAT, a different matter is indicated and applied.
The products will be sold at the price indicated at the time of order confirmation by the customer.
Other taxes, duties, tariffs or surcharges are not included in the final prices of the products as shown on the Website.
In no case shall Branni Pets automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
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 shall be:
-Payment by credit or debit card
Branni Pets uses all means to ensure the confidentiality and security of payment details 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 authorisations by the issuing bank, if the issuing bank does not authorise payment, Branni Pets shall not be liable for any delay or non-delivery and cannot enter into any contract with the User.
Once Branni Pets receives the purchase order from the User through the Website, a pre-authorization will be made in the appropriate card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the shipping confirmation is sent to the User.
6. Purchasing as a guest
This website also allows the purchase through the guest purchase functionality. In this mode of purchase, you will only be asked for the essential data to be able to process your order.
Once you have completed the purchase process, you will be given the option of registering as a user or continuing as an unregistered user.
7. Value Added Tax and invoicing
In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the articles shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. The User expressly authorises us to issue the invoice in electronic format, although he/she may at any time indicate his/her wish to receive an invoice in paper format, in which case we will issue and send the invoice in this format.
Deliveries are generally made by private courier service. For those Users whose shipments are destined for other countries, you can opt for the National or International Postal Service.
If for any reason, for which it is responsible, Branni Pets cannot meet the delivery date, it will contact the User to inform him/her 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 User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.
For deliveries within the national territory, if 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons attributable to the User, Branni Pets will understand that the User wishes to withdraw from the purchase. As a consequence, all payments received from the User will be refunded, with the exception of delivery costs, costs arising from the cancellation of the purchase and 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 days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be charged to the User.
For the purposes of these Conditions, delivery shall be understood to have taken place or the order to have been delivered at the moment when the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.
9. Technical means for correcting errors
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting Branni Pets through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on "FINISH PURCHASE", has access to the space, trolley or basket where his or her purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use for more information on how to exercise their right of rectification as established in the General Data Protection Regulation (EU) 2016/679 RGPD and the LO 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.
In cases where the User purchases 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 withdraw from said purchase within 14 calendar days without the need for justification.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the Branni Pets Website or, in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of these goods making up the same purchase order.
In order to exercise this right of withdrawal, the User must notify Branni Pets of his decision. This can be done, where appropriate, through the contact spaces provided on the Website or through the email address: firstname.lastname@example.org.
The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Branni Pets makes available as an annexed part of these Conditions, however, its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In the event of withdrawal, Branni Pets shall reimburse the User for all payments received, including shipping costs and excluding return costs, without undue delay and in any event not later than 14 calendar days from the date on which Branni Pets is informed of the User's decision to withdraw.
Branni Pets shall reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement shall not generate any additional cost to the User. However, Branni Pets may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User may return or send the products to Branni Pets at:
Branni Pets de Nora Branni Saliner, Carrer Farnés 10 local 2, 08032 Barcelona, Spain and must do so without undue delay and in any event not later than 14 calendar days from the date Branni Pets was informed of the decision to withdraw.
The User acknowledges being aware that he/she shall bear the direct cost of returning (transport, delivery) the goods, should he/she incur any. Furthermore, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal. These include, but are not limited to: personalised products; products which may deteriorate or expire rapidly; products which, for reasons of hygiene or health, are sealed and have been unsealed after delivery.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, 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.
Return of defective products or delivery errors
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and should therefore contact Branni Pets immediately and let them 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 the refund or, if applicable, the replacement of the product is appropriate.
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 the refund or replacement of the item.
The amount paid for those products that are returned because of a defect, when it really exists, will be refunded in full, including delivery costs and the costs that the User may have incurred 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 recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.
The User, as a consumer and user, enjoys warranties on products that may be purchased through this Website, under the terms legally established for each type of product, Branni Pets, therefore, responding for the lack of conformity of the same that is manifested within two years from 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 provided by Branni Pets and possess the qualities presented therein; they are suitable for the uses to which products of the same type are normally put; and they present the usual quality and performance of a product of the same type and that they are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or delivery errors.
On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of said products. In order to do so, the User must have retained all information regarding the warranty of the products.
11. Exclusion of liability
Unless otherwise provided by law, Branni Pets accepts no liability for the following losses, regardless of their origin: any losses that are not attributable to any breach by you, business losses (including loss of profits, loss of revenue, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill or unnecessary expenses incurred), or any other indirect losses that were not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between both parties.
Likewise, Branni Pets also limits its liability in the following cases:
Branni Pets applies all measures concerning providing 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 being used or others of this nature.
Branni Pets will act with the utmost diligence in order to make available to the company responsible for the transport of the product ordered. However, Branni Pets shall not be held responsible for any damage caused by transport malfunctions, especially for causes such as strikes, road delays and, in general, any other causes typical of the sector, which result in delays, loss or theft of the product.
Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the website for maintenance or other reasons, which prevents the availability of the service. Branni Pets puts all the means at its disposal for the purpose of carrying 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.
Branni Pets shall not be liable for the misuse of the products that have been used by the User. At the same time, Branni Pets shall not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Branni Pets shall not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events beyond our reasonable control, i.e. due to force majeure, and this 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, flood, earthquake, subsidence, epidemic or any other natural disaster. Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private. Impossibility of using public or private telecommunications systems. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Branni Pets will have an extension in the deadline to fulfil them for a period of time equal to the duration of the cause of force majeure. Branni Pets shall use all reasonable endeavours to find a solution to enable us to fulfil our obligations despite the force majeure.
12. Written communications and notifications
By using this Website, the User agrees that most communications with Branni Pets will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Branni Pets sends electronically comply with the legal requirements of being in writing. This condition shall not affect the User's statutory rights.
The User may send notifications and/or communicate with Branni Pets through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Branni Pets may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by Branni Pets of any specific legal right or action or failure by Branni Pets to require strict compliance by the User with any of its obligations shall constitute or waive any other rights or remedies arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.
No waiver by Branni Pets of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by said declaration of nullity.
15. 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 Branni Pets in relation to the subject matter of the sale and purchase and supersede all prior agreements, understandings or promises made orally or in writing by the same parties.
The User and Branni Pets acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
16. Data protection
17. Applicable legislation and jurisdiction
Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.
Any dispute, problem or disagreement arising from or related to access, browsing and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between Branni Pets and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
18. Complaints and claims
The User may send Branni Pets their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Terms and Conditions (General Information).
In addition, Branni Pets has official complaint forms available to consumers and users, which they can request from Branni Pets at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information). The user can download an official complaint form from the website of the Directorate General for Consumer Affairs of each Autonomous Community.
Furthermore, if a dispute arises from the conclusion of this purchase contract between Branni Pets and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with the legislation in force in this area.
In this regard, in accordance with EU Regulation No. 524/2013, we inform that the User has the right to request Branni Pets an out-of-court settlement of consumer disputes accessible through the Internet address http://ec.europa.eu/consumers/odr.
19. Personalisation of Branni Pets articles
This website includes for sale three specific articles called Regular Medallita, Toy Medallita and Medallita Holder with which the User can personalise certain products by including texts and characters selected by the User. The User can find all the information by consulting the characteristics of this service.
The User must take into account that, due to technical or other reasons beyond our control, the actual colour, texture and size may vary from those shown in the photographs. Likewise, the User must take into account that as these are personalised items, it will not be possible to return or exchange these products.
The User guarantees that he/she is authorised to use the texts that form part of the personalisation of the products. Although Branni Pets reserves the right to refuse personalisation or to cancel orders for personalised products for non-compliance with these conditions, the User shall be solely responsible for the personalisation he/she requests. Branni Pets may refuse your personalisation or cancel orders for personalised products in the event that we detect that the personalisation consists of or includes elements that are inappropriate, owned by third parties or otherwise unlawful.
Branni Pets assumes no obligation to verify, nor does it assume responsibility for the texts that form part of the personalisation created by the User of this service. Branni Pets does not guarantee the legality of such texts and, consequently, assumes no liability for any damages and/or losses that may arise for any user(s) and/or any other third parties - whether private individuals or public or private entities - arising directly or indirectly from the use of the services or in any way directly or indirectly related to the said service and/or personalised products.