GENERAL TERMS AND CONDITIONS (T&C)

www.backbonefightwear.com (hereinafter, the Website) is a website owned by Sebastiano Minardi, under the brand name BACKBONE FIGHTWEAR, hereinafter THE OWNER, with registered office at:

Carrer de la Diputació 211, 08011 Barcelona.

Access, reproduction and use of the Website services require prior acceptance of the Terms of Use in force at any given time; THE OWNER reserves the right to modify these Conditions when deemed appropriate, by publishing the new text on the Website. It is the user's responsibility to know the Terms of Use before accessing the products and services of the Website; if you do not agree with them, please refrain from using it.

OWNERSHIP

The Website is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, including the html codes of the website, etc.), the Intellectual Property of which belongs to THE OWNER, except for those materials obtained under license from third parties.

THE OWNER and its licensors retain at all times the Intellectual Property over the Website and over the different elements that compose it, individually considered, in all copies made (whatever the medium on which they are incorporated), granting only the rights of use described below. Any right not expressly granted is understood to be reserved.

In addition to the foregoing, THE OWNER is responsible for the selection, design of the structure and arrangement of the contents of the Website, as well as being the one who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitizing and presenting it, therefore, the protection that article 12 and Title VIII of Book II of the Intellectual Property Law may grant on the website, considered as a database, corresponds to it.

THE OWNER is also the sole owner of the design and graphic image of the Website, reserving the relevant legal actions that may correspond to it against people who make imitations or unfair uses thereof.

WEB CONTENT AND DOWNLOADS. PERMITTED AND PROHIBITED USES.

The following is permitted:

• Browsing the Website, that is, accessing and viewing it on a device, with any temporary or ancillary reproduction being authorized, provided that it is not voluntary and forms an integral and essential part of the technological transmission process. Browsing certain sections of the Website requires prior registration.
• Benefiting (after registration) from the services and advantages provided by THE OWNER through the Website to its users, under the conditions expressly indicated in the different sections.

The following is strictly prohibited:

• Any operations regarding the Website, its contents, downloaded products and copies thereof that are contrary to the Law, good customs and good faith.
• Any use outside the personal and private sphere, especially those with commercial or professional purposes, including the sending of advertising or messages and the collection and processing of third-party data.
• Any type of extraction, public communication and/or transmission, in whole or in part, by any means, outside the private sphere of permitted use and, especially, its incorporation into any other work, including web pages, collections or databases. The publication in the media of downloadable materials from the Press Room section is exempt from this prohibition.
• The removal, concealment or falsification of notices and warnings about the Intellectual or Industrial Property of the Website or any of the products provided through it.
• The operations and activities expressly prohibited in any other sections of these General Conditions and, in general, any that may harm the normal functioning of the Website, other users or any third party.

LINKS TO THE WEBSITE

• The establishment of links and hyperlinks to the Website from other pages or websites is authorized, provided that they are not made in a way that harms the public image and brand of THE OWNER, the Website or any of the people and products referred to therein. In the establishment of links to the Website, the use of techniques that imply confusion about the identity and ownership of the contents, such as framing or others, is expressly prohibited.
• The establishment of links from pages or websites whose contents promote or advocate, directly or indirectly, any type of violence, discrimination, pornography or illegal activity is prohibited. Likewise, the establishment of links for commercial purposes is expressly prohibited.

In the creation of links, the use of elements extracted from the Website is expressly prohibited without the prior and express consent of THE OWNER.

In no case may it be understood that links to the Website from third-party pages or websites imply a relationship between THE OWNER and their owners, nor does it imply any endorsement, sponsorship or recommendation by THE OWNER regarding them, so THE OWNER will not be responsible at all for their content and legality.

CONTENTS AND USER BEHAVIOR

As a client or user of the Website, you undertake to make appropriate use of the content and services offered through it and not to use them to:

1. Engage in illicit, illegal activities or activities contrary to good faith and public order.
2. Disseminate content or propaganda of a racist, xenophobic, pornographic nature, that advocates terrorism or that violates human rights.
3. Cause damage to the physical and logical systems of THE OWNER, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are susceptible to causing the aforementioned damage in the network.
4. Disseminate content that violates the image and reputation of THE OWNER or third parties.
5. Violate the Intellectual Property, Industrial, image, honor or other rights corresponding to THE OWNER or third parties.

THE OWNER will have full freedom to decide whether or not collaborations and messages are finally published on the Website, being empowered to remove them when deemed appropriate.

The infringement of any of the rules contained in these Terms of Use and, especially, of the provisions of this clause, will enable THE OWNER to immediately unsubscribe you as a user or subscriber of the Website.

PAYMENT METHODS

The payment methods accepted in the online store are:

• Credit card (Visa, Mastercard, American Express and others accepted by the platform).
• Google Pay.
• Apple Pay.

SHIPPING METHODS

The shipping methods available in the online store are:

• Standard Shipping

DELIVERY TIMES

The estimated delivery time for orders placed through the online store is between 2 and 5 business days for shipments within Spain, and between 2 and 12 business days for international shipments, which may vary depending on the destination.

RIGHT OF WITHDRAWAL

The customer has 14 days from receipt of the order to voluntarily withdraw from their purchase, without any penalty and without stating the reasons. In the event that the consumer and user wishes to withdraw from the purchase of the product or service, they may use the withdrawal form (this form can be found in the "CONTACT" section at the bottom of the page) to communicate their decision to the seller or service provider.

The purchase must be returned with all its products. In any case, for hygiene reasons, the products to be returned must be in perfect condition, unused, in their original packaging and seal and with all their accessories.

The customer must bear the costs of return shipping. Cash on delivery shipments will not be accepted under any circumstances.

The customer will be responsible for ensuring that both the product and its packaging arrive in perfect condition, requiring the items to be properly packaged to prevent possible deterioration during transport.

Once the return package is received, we will verify its condition and as soon as we confirm that both the returned items, as well as any accessories, samples, promotional gifts and documentation, are complete and in perfect condition, we will send the customer an email to notify them of the approval or rejection of their refund.

The refund of all payments received for the purchase will be made within 14 days from the communication of the withdrawal.

The refund will be processed through the same payment method used by the customer for the initial transaction.

We reserve the right to withhold the refund until we have received the products or until the customer has presented proof of their return, whichever condition is met first.

We will not issue a refund if the product has been used.

LEGAL WARRANTY

In the event that the customer receives a wrong or damaged product, or in case of loss or damage of products by the transport company, the customer may request its return and/or replacement within 14 days after its delivery. In such a case, we undertake to bear the return shipping costs, we will be responsible for collecting the defective product and/or replacing the missing product with an identical product at no additional cost to the customer.

In general, the legal warranty for products is three years from their delivery (two years for digital content or services).

The user or customer has two months to report any lack of conformity that may be observed in the product. In any case, those reported after the first six months will not be presumed to be manufacturing defects.

WITHDRAWAL FORM

You must complete and submit this form if you wish to withdraw from the contract or service you have purchased.

• To the attention of (here you should insert the name of the company, full address and, if available, telephone number, fax and email address).
• I/We (*) hereby notify you that I/we (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*).
• Ordered on/requested on (*).
• Name and address of the consumer(s) and user(s).
• Date and signature of the consumer(s) and user(s). 

EXCHANGE POLICY

To request a product exchange, the customer must contact customer service during business hours. Original shipping costs will not be refunded. The costs derived from the return shipment will be assumed by the buyer, unless the return is due to an error attributable to the seller. Subsequent to the receipt of the order.

Shipments with freight collect will not be accepted under any circumstances.

In the event that the product to be exchanged has a higher price than the one previously purchased, the customer must pay the difference in value. If, on the other hand, the new product has a lower price than the one previously purchased, the difference in the amount will not be refunded in cash, but will be issued as a gift voucher to be used in their next purchase.

To manage any type of return or exchange of products purchased at www.backbonefightwear.com the customer must contact our Customer Service.

The customer must provide us with the order number and we will tell them exactly all the steps to follow. We also inform you that we will not accept exchanges or returns that have not been previously communicated through the indicated channels.

CANCELLATIONS

The client or user may cancel their order, as long as it has not left our warehouses. In such a case, they must contact the OWNER via email info@backbonefightwear.com or through the Customer Service channels, communicating their identification details and order reference number.

In case of cancellations, the amounts previously paid by the user or client will be refunded through the same means used for the initial transaction.

CUSTOMER SERVICE

The customer may cancel the order without any charge and without providing any reason, by contacting customer service as soon as possible via the following email address: info@backbonefightwear.com, whose customer service hours are: Monday to Friday from 9:00 a.m. to 3:00 p.m.

If the order has not left our warehouses, we will cancel it without problem, but if the order is already on its way, we will have to wait to receive it back and once its receipt is confirmed, the amount of the product will be refunded minus shipping costs and the refund will be carried out using the same payment method used in the purchase.

DATA PROTECTION

The information or personal data you provide will be processed in accordance with the Privacy Policy. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide is truthful and corresponds to reality.

MODIFICATIONS

THE OWNER reserves the right to make, without prior notice, any modifications it deems appropriate to the Website, being able to change, delete or add both the content and services provided through it, and the way in which they are presented or located.

Although THE OWNER will make its best efforts to keep the information contained on the Website updated and free of errors, it offers no guarantee regarding its accuracy and timeliness. The achievement of any specific result or purpose is not guaranteed either, so access to and use of the Website is the sole responsibility of the users and customers.

LEGAL ACTIONS

THE OWNER will pursue the breach of these Terms of Use, as well as any improper use of the Website or its contents, infringements of the rights corresponding to it or its licensors, especially those of Intellectual and Industrial Property, exercising all actions, civil and criminal, that may correspond to it by law.

OUT-OF-COURT DISPUTE RESOLUTION

Likewise, in the terms set out in Article 14 of EU Regulation 524/2013, on consumer dispute resolution, a direct link is provided to the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm

APPLICABLE LAW AND JURISDICTION

For any controversy or conflict that may arise from these terms or conditions, Spanish Law shall apply. The resolution of judicial conflicts will be subject to the jurisdiction of the Courts and Tribunals of the user's or client's domicile.

REV: 20.3009