1. INTRODUCTION

The document herein (jointly with the documents it refers to) contains the Terms and Conditions that regulate the use of this website and the agreement that binds both parties- you and us- (hereinafter, the “Terms and Conditions”).

We ask that you read these Conditions carefully before using this website. By using this website or placing any order through the same, you agree to be bound by these Conditions; if you do not agree to all of the Terms and Conditions, you must not use this website.

These Terms and Conditions may be modified at any time, meaning it is your responsibility to read them at regular intervals, as the conditions in effect at the time of using the website or signing the Contract (as defined later on in this document) will be applicable.

2. OUR DETAILS

This website is operated under the name STRADIVARIUS by FASHION RETAIL, S.A., a Spanish company with registered address in Avda. de la Diputación s/n, Edificio Inditex, 15142 Arteixo (A Coruña), listed in the Companies’ Registry of A Coruña in Volume 3425, General Section, Sheet 49, Page C-47.731, entry no.1, with Tax Registration Code A70301981.

3. YOUR DETAILS AND YOUR VISITS TO OUR WEBSITE

Any information or personal data you provide us with will be dealt with subject to the conditions established in the Privacy Statement. By using this website, you agree to the treatment of this information and data, and declare that all the information you provide us with is correct and accurate.

4. USE OF OUR WEBSITE

By using this website and placing orders through the same, you agree to:

• 1. Only use the website to make legitimate enquiries or orders.
• 2. Not to place any false or fraudulent orders. If we are reasonably of the opinion that any such order has been placed, we shall be authorised to cancel it and inform the relevant authorities.
• 3. To provide us with correct and accurate e-mail, postal address and/or other contact details, and acknowledge that we may use these details to contact you in the event of it proving necessary (see our Privacy Statement).

If you do not provide us with all the information that we need, we may not be able to complete your order.

By placing an order through the website, you declare that you are at least 18 years old and legally capable of entering into binding contracts.

5. SERVICE AVAILABILITY

The items offered on this website are only available in Spain.

6. HOW THE CONTRACT IS FORMALISED

The information set out in the Terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been expressly accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the "Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Shipment Confirmation.

Only those products listed in the Shipment Confirmation will be subject to the Agreement. We will not be obliged to supply you with any other product that could be subject to the order until we confirm dispatch of the same to you in a separate Shipment Confirmation.

7. PRODUCT AVAILABILITY

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you may have paid.

8. REFUSAL OF ORDER

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances, which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the Order Confirmation.

9. DELIVERY

Subject to the provisions of Clause 7 above with regard to the availability of products, and unless any extraordinary circumstances occur, we will attempt to dispatch the order consisting of the product(s) detailed on each Order Confirmation prior to the delivery date shown on the Order Confirmation in question, or otherwise, if no delivery date is specified, within 15 days from the date of the Order Confirmation.

Notwithstanding the above, delays may occur for any of the following reasons:

• Product personalisation,
• Specialised items;
• Unforeseeable circumstances; or
• Delivery area.

If we are unable to comply with the delivery date for any reason, we will notify you of this situation and give you the option of continuing with the purchase, setting a new delivery date, or otherwise cancelling the order with full repayment of any monies you may have paid. Please note that we do not deliver on Saturdays or Sundays.

For the purpose of these Terms and Conditions, “delivery” shall be considered as having been effectively made at the moment of signing for “reception” of the same at the agreed delivery address.

10. INABILITY TO DELIVER

If we are unable to deliver the goods after two attempts, we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day.

In the event of the order not being delivered for causes that are not attributable to us after 30 days from your order being available for delivery, we will deem that you intend to cancel the Contract and will consider it as resolved. As a result of the resolution of the Contract, we will return you the price paid for the products as soon as possible, and in any event within a maximum period of 30 days from the date on which we consider the Contract as having been resolved. In these cases, we will be authorised to charge you the transportation costs arising from the delivery and resolution of the Contract.

11. TRANSFER OF RISK AND TITLE

The Products will be at your risk from the time of delivery.

Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 9 above), whichever is the later.

12. PRICE AND PAYMENT

The price of each product will be as stipulated at any given moment on our website, with the exception of manifest errors. Although we make every effort to ensure that all of the prices shown on the website are correct, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect reduced price (even after we have sent you an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by you as such.

The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Shopping Guide.

The prices may change at any time, but (with the exception of the foregoing conditions) any possible changes will not affect the orders with respect to those for which we have already sent an Order Confirmation.

Once you have finished shopping, all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:

• 1. Click the "My cart" button at the top of the page.
• 2. Click on the “View Basket”.
• 3. Click on the "Process Order" button.
• 4. Fill in or check your contact details, the details of your order, the delivery address and the invoicing address.
• 5. Fill in your credit card details.
• 6. Click on “Authorise Payment”

Payment can be made by Visa, MasterCard, American Express, Affinity Card and PayPal. To minimise the risk of unauthorised access, your card details will be encrypted. Once we receive your order, we will carry out a pre-authorisation check on your credit card to ensure that you have sufficient funds to complete the transaction. The time it takes to complete this check will depend on your bank. The payment will be charged on the date your order leaves our warehouse.

If payment is made via PayPal the amount will be charged upon confirmation of your order.

By clicking “Next”, you are confirming that the Card is yours.

We use “CYBERTRUST” to ensure that the payment has been made in a secure manner.

Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery and will not be able to formalise any Contract with you.

13. BUYING GOODS AS A GUEST

Pursuant to the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of the items shall be understood as having been made in a location where Spanish VAT is in effect if the delivery address is in Spanish territory, with the exception of the Canary Islands, Ceuta and Melilla. The applicable VAT shall be at the prevailing rate depending on the specific item in question.

In the case of orders sent to the Canary Islands, Ceuta and Melilla, deliveries will not be subject to VAT pursuant to the provisions of Article 21 of Law 37/1992, subject to the application of the corresponding taxes and duties applicable in accordance with the prevailing legislation in each of these territories.

14. VALUE ADDED TAX

Pursuant to the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of the items shall be understood as having been made in a location where Spanish VAT is in effect if the delivery address is in Spanish territory, with the exception of the Canary Islands, Ceuta and Melilla. The applicable VAT shall be at the prevailing rate depending on the specific item in question.

In the case of orders sent to the Canary Islands, Ceuta and Melilla, deliveries will not be subject to VAT pursuant to the provisions of Article 21 of Law 37/1992, subject to the application of the corresponding taxes and duties applicable in accordance with the prevailing legislation in each of these territories.

15. EXCHANGES / RETURNS POLICY

15.1 Statutory right to cancel the order

Pursuant to applicable regulations, if you are contracting as a consumer, you may cancel the Contract (unless the object of the same is any of the products for which the right to cancel is not applicable as stipulated in Clause 15.3 below) at any moment within 7 working days from the date on which your order is delivered.

In the latter case the price you have paid for these products will be returned. You will be responsible for the direct costs arising from the return of the product if you do not make use of any of the free methods described in Clause 14.3 below.

You may accredit making use of your right to cancel by any means accepted by law, and this right shall be considered as validly exercised by sending the cancellation document we provide you with or by returning the products.

This provision does not affect any other statutory consumer rights recognised in law.

15.2 Contractual right to cancel

Apart from the right to cancel recognised by law for consumers and users as referred to in Clause 14.1 above, we also give you a period of 30 days from the date of the Order Confirmation to return the products (with the exception of those mentioned in Clause 14.3 below, for which there is no right to cancel).

In this case, you will be refunded the price paid for these products. You will be responsible for the direct costs of the return if you do not make use of any of the free methods described in Clause 14.3 below.

You may make use of the right of withdrawal by sending the withdrawal document we provide or by returning the products.

15.3 Common provisions

You will not have any right to cancel a Contract for the supply of any of the following products:

• Customised items
• Music CDs/DVDs whose original wrapping has been removed
• Hair accessories
• Underwear
• Earrings
• Tights and socks

Your right to cancel the Contract will only apply to products returned in the same conditions as you received them and which contain all of the labels and packaging with which they were delivered (especially the labels that prevent items being tried on, in the case of tights and underwear, with the exception of bras). Please return the item using or including its original packaging. You must also include all instructions, documents and packaging of the products. In any event, you must return the receipt you were given on receiving the product, duly filled in. No refunds will be paid if products have been handled in any way other than opening their packaging, if they have suffered any damage or if they have been tried on in the case of underwear (except for bras) and tights, as a result of which you must take good and reasonable care of the products while they are in your possession.

Exchanges may only be made for the same article in a different size or colour.

You will find further details on how to exercise this statutory right when you receive the Order Confirmation.

You may return items to any STRADIVARIUS store in Spain by messenger/courier, who we will send to your address, or otherwise return them by post.

• 1. Returns to STRADIVARIUS stores.
  You may return the products to any of our STRADIVARIUS stores in Spain. In this case, you must hand in the item you wish to return with the correctly filled in returns document (hereinafter referred to as the ‘receipt’) you received when the item was delivered.
• 2. Returns via messenger/courier service
  You must contact us using our return request form so that we can arrange to collect the item(s) from your home. You must return the items in the same packaging in which they were received, following the instructions given in the “RETURNS” section of this website. The provisions of this clause shall not apply if you buy goods as a guest.

You will not be required to make any additional payment for any of the aforementioned options.

If you do not wish to return the item or items via either of the free options, you will be liable for the return shipping costs. Please note that if you decide to return us the items “cash on delivery”, we will be authorised to charge you for any costs we may incur.

After examining the item we will inform you wether you are entitled to a refund for the amounts paid. The refund will be paid as soon as possible, and in any event within 30 days from the date on which you inform us of your intention to cancel the Contract. Refunds will always be made using the same payment method you used to purchase the item.

If you have any doubts or queries, please get in touch with us by using our contact form or by calling 900 456 002.

15.4 Returns in the Canary Islands, Ceuta and Melilla

If you wish to return and item delivered within the Canary Islands, Ceuta or Melilla, you may take the items to any STADIVARIUS store pursuant to the terms and conditions included in this clause. If this is not possible, you can call us on 900 456 002 in order to arrange with us or an agent acting on or behalf for the item to be picked up by a courier service. Alternatively, you may return the item(s) at your own cost.

15.5 Returns of faulty products

In cases when it is considered that at the moment of delivery the product was not in the conditions stipulated in the Contract, you must get in touch with us immediately using our contact form, indicating the details of the product as well as the defect in question, or otherwise calling 900 456 002 where we will inform you of how to proceed.

The product may be returned to any of our STRADIVARIUS stores in Spain, by giving it to a courier who we will send to your home, or by returning it by post.

Upon receipt of the product we will fully examine it and notify you of your right to a replacement or refund (if any) by e-mail or telephone within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement.

Any amounts paid for products that are returned because of faults or defects, when these actually exist, will be refunded in full, including the delivery costs paid to return the item. We will refund any money using the method used to make payment.

These provisions do not affect your statutory rights.

16. LIABILITY AND DISCLAIMERS

Unless specifically expressed otherwise in these Terms and Conditions, our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product.

Notwithstanding the above, our liability is not excluded or limited in the following cases:

• 1. For death or personal injury caused by our negligence;
• 2. For fraud or fraudulent misrepresentation; or
• 3. In any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability.

Without prejudice to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms and Conditions, we accept no liability for the following losses, regardless of their origin:

• I. Loss of income or revenue;
• II. Loss of business;
• III. Loss of profits or contracts;
• IV. Loss of anticipated savings;
• V. Loss of data; and
• VI. Loss of time in management or business hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we are unable to guarantee the accuracy and security of the information transmitted to and obtained through this website, unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided "as are" and without specific guarantees, implied or otherwise.

To the fullest extent permissible by law, but without excluding anything that may not lawfully be excluded before consumers or users, we hereby disclaim all other guarantees of any kind.

Nothing contained in this Clause will affect your statutory rights as a consumer and user, or your right to cancel the Contract.

17. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by our licensors or us. This does not prevent you using this website to the extent necessary to make a copy of any order or Contact details

18. VIRUSES, PIRACY AND OTHER COMPUTER SECURITY ATTACKS

You must not make any unlawful use of this website by means of the intentional inclusion of viruses, Trojans, worms, logic bombs or any other type of programme or material that is technologically prejudicial or harmful. You will not attempt to gain unauthorised access to this website, to the server on which this website is hosted, or to any server, computer or database connected with our website. You agree not to attack this website through a denial of service attack or a denial of distributed service.

Any breach of this clause may be associated with committing the infractions defined in current legislation. We will notify the competent authorities of any such breach and will cooperate with them in order to discover the identity of the attacker. Likewise, failure to comply with this clause shall mean that you are no longer authorised to use the website with immediate effect.

We will not be liable for any loss or damage resulting from a denial-of-service attack, virus or any other technologically damaging or destructive programme or material that may affect your computer, IT equipment, data or material as a result of using this website or downloading the contents of the same, or any others to which you may be re-directed from the same.

19. LINKS FROM OUR WEBSITE

In the event of our website containing links to other websites and third party materials, any such links are only provided for informative purposes, without us having any control whatsoever over the contents of any such websites or materials. As a result, we will not accept any liability for any losses or damages arising from their use.

20. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. By using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communications should be in writing. This condition does not affect your statutory rights.

21. NOTICES

The most effective form of communicating with us is via our contact form. In accordance with the provisions set forth in clause 19, and unless stated otherwise, we are entitled to send you information either by email or to the postal address provided by you when placing the order.

Notifications will be deemed as having been received and properly served immediately when posted on our website, 24 hours after an e-mail has been sent, or three days after the date of the postmark on any letter. Proof of notification will be deemed to be sufficient, in the case of a letter, if the said letter was properly addressed, stamped and posted and, in the case of an e-mail, if the email as sent to the address specified by the recipient.

22. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract is binding both on you and us as well as for our respective successors and assignees.

You may not transfer, assign, encumber or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, encumber, subcontract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. To avoid any doubts, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer, where applicable, or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

23. FORCE MAJEURE

We will not be liable for any breach or delay in performance of any of our obligations under a Contract that is the result of events beyond our reasonable control (“Force Majeure Event”).

A Force Majeure Event shall include any event, act or occurrence, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

• 1. Strikes, lock-outs or other industrial action.
• 2. Civil revolts, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• 4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• 5. Impossibility of the use of public or private telecommunications networks.
• 6. The acts, decrees, legislation, regulations or restrictions of any government or public authority.
• 7. Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

24. WAIVER

Any failure on our part to insist on the strict performance of any of your obligations under the Contract or any of these terms and conditions, or any failure on our part to exercise any of the rights or remedies that may correspond to us under the Contract or the terms and conditions of the same, shall not constitute a waiver or any limitation in relation to these rights or remedies, nor shall it release you from your obligation to comply with said obligations.

No waiver by us of any specific right or remedy shall represent any waiver of the other rights or remedies derived from the Contract or the terms and conditions of the same.

No waiver by us of any of these Conditions or the rights and remedies derived from the Contract shall take effect unless expressly established as a waiver and formally communicated to you in writing, in accordance with the provisions set forth in the Notifications section above.

25. SEVERABILITY

In the event of any of these Terms and Conditions or any provisions of a Contract being declared by any authority to be invalid and unenforceable to any extent, the remaining terms and conditions shall remain in full effect, without being affected by any such declaration of unenforceability.

26. ENTIRE AGREEMENT

These Terms and Conditions and any document to which express reference is made in the same constitute the entire agreement existing between you and us in relation to the object of the Agreement and replaces any other prior pact, agreement or promise acquired between you and us, either verbally or in writing.

Both you and us acknowledge that in entering into this Contract, neither you nor us has relied on any representation or promise given by the other or that may be inferred from anything said or written in the negotiations between you and us prior to this Contract, except as expressly stated in these Terms and Conditions.

Neither you nor us shall have any remedy in respect of any untrue statement made by the other party, whether orally or in writing, prior to the date of the Contract, unless any such statement was made fraudulently, and the sole remedy of the other party shall be for breach of contract as provided in these Terms and Conditions.

27. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We have the right to revise and amend these Terms and Conditions at any moment in time.

You will be subject to the policies and Terms in force at the time of using this website or in the event of placing an order, except in the event that we are required to make changes to said policy, Terms and Conditions or Privacy Policy due to legislation or the decision of governmental bodies, in which case any such changes will also affect any orders you many have made previously.

28. APPLICABLE LAW AND JURISDICTION

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

Any dispute arising in relation to the use of the website or these contracts will be subject to the non-exclusive jurisdiction of Spanish courts and tribunals.

If you are contracting as a consumer, the contents of this clause will not affect your statutory rights as recognised in currently applicable legislation.

29. COMMENTS AND SUGGESTIONS

Your comments and suggestions are important to us. Please send us your comments and suggestions via our contact form.

If you as a buyer consider your rights have been breached, you can address your complaints to us via the email address contact@stradivarius.com in order to seek an out-of-court settlement.

In this regard, if the purchase from us was concluded online through our website, we, in line with EU Regulation No. 524/2013, hereby inform you that you are entitled to seek the consumer dispute with us out-of court, through the platform for the online dispute resolution accessible through the Internet address http://ec.europa.eu/consumers/odr/.