General Sales Conditions

GENERAL INFORMATION The ownership of this website www.ghosthoodies.com (hereinafter referred to as the Website) is held by: Pau Colomé Masferrer, with NIF: 41531101R, and whose contact details are:

Address: C/ Costa Brava 14b

Contact Phone: 688647211

This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (www.ghosthoodies.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that GhostHoodies carries out through the Website comprises:

Marketing of sweatshirts (clothing)

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 cookie policy, and the privacy and data protection policy of GhostHoodies. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and all the aforementioned, so if you do not agree with all of this, you should not use this Website.

It is also informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website since those in force at the time the acquisition of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact details provided above or, where appropriate, using the contact form.

THE USER Access, browsing, and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or collectively as Users), so they accept, from the start of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as appropriate.

The User assumes their responsibility for the correct use of the Website. This responsibility extends to:

Use this Website only to make legally valid inquiries and purchases or acquisitions.

Not make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities would be informed.

Provide truthful and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years old and to have legal capacity to enter into contracts through this Website.

The User may formalize, at their choice, with GhostHoodies the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

PURCHASE OR ACQUISITION PROCESS Duly registered Users can purchase on the Website by the means and forms established. They must follow the online purchase and/or acquisition process of www.ghosthoodies.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space, and finally, click on: “Compare”.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that GhostHoodies has received their order or purchase and/or service request, that is, the order confirmation. And, where appropriate, they will also be informed by email when their purchase is being shipped. Once the purchase procedure is concluded, the User consents that the Website generates an electronic invoice which will be sent to the User via email. Likewise, the User can, if they wish, obtain a paper copy of their invoice, requesting it from GhostHoodies using the contact spaces of the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular sales conditions that concern the product and/or service in question and that are displayed next to the presentation or, where appropriate, the image of it on its page on the Website, indicating, by way of example, but not exhaustive, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, the way they will be carried out and/or cost of the services; and acknowledges that the realization of the purchase order materializes the full and complete acceptance of the particular sales conditions applicable to each case.

Unless expressly stated otherwise, GhostHoodies is not the manufacturer of the products sold or that could be marketed on the Website. While GhostHoodies makes great efforts to ensure that the information displayed on the Website is correct, occasionally the packaging and/or materials and/or components of the products may contain additional or different information from that appearing on the Website. Therefore, the User should not only consider the information provided by the Website but also the information available in the labeling, warnings and/or instructions that accompany the product.

AVAILABILITY All purchase orders received by GhostHoodies through the Website are subject to product availability and/or that no circumstance or force majeure cause (clause nine of these Conditions) affects the supply of the same and/or the provision of services. If difficulties arise in terms of product supply or there are no products in stock, GhostHoodies undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.
PRICES AND PAYMENT The prices displayed on the Website are final, in Euros (€) and include taxes, unless by legal requirement, especially with regard to VAT, a different issue is indicated and applied.

However, and unless indicated, occasionally otherwise, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where they will consult the shipping methods and costs available and freely choose the one that suits them best.

In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.

Accepted payment methods will be: Credit or debit card GhostHoodies uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the bank issuing them, if such an entity does not authorize payment, GhostHoodies will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once GhostHoodies receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the moment the User is sent the shipping confirmation and/or service confirmation that is provided in form and, where appropriate, place established.

In any case, by clicking on “Compare” the User confirms that the payment method used is theirs.

DELIVERY In cases where it is appropriate to carry out the physical delivery of the contracted good, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands) Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, attributable to it, GhostHoodies could not meet the delivery date, it will contact the User to inform them of this circumstance and, they may choose to continue with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on business days.

If it is impossible to carry out the delivery of the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.

If the User is not going to be at the delivery location at the agreed time, they should contact GhostHoodies to arrange delivery on another day.

In case 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to GhostHoodies, GhostHoodies will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the resolution of the contract, all payments received from the User will be returned to them, except for the additional expenses resulting from the User’s own choice of a delivery modality different from the least expensive modality of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered resolved.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to them.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

The risks that could derive from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when GhostHoodies receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time later than the complete receipt of the amount subject to payment by GhostHoodies.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be considered located in the VAT application territory Spanish if the delivery address is in Spanish territory except the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally valid one at each moment depending on the specific article in question.

TECHNICAL MEANS TO CORRECT ERRORS The User is informed that in case they detect that an error has occurred when entering necessary data to process their purchase request on the Website, they can modify them by contacting GhostHoodies through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal connection space on the Website.

In any case, the User, before clicking on “Compare”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy to gather more information on how to exercise their right of rectification according to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data (GDPR) and in Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

RETURNS In cases where the User acquires products on or through the Website of the owner, a series of rights assist them, 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 a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by them, other than the carrier, acquired the material possession of the goods acquired on the Website of GhostHoodies or in case the goods that make up their order are delivered separately, 14 calendar days from the day that the User or a third party authorized by them, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a contract for services, 14 calendar days from the day of the celebration of the contract.

To exercise this right of withdrawal, the User must notify their decision to GhostHoodies. This can be done, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means chosen to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that GhostHoodies provides as an annex to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding deadline expires.

In the event of withdrawal, GhostHoodies will refund to the User all payments received, including shipping costs (with the exception of additional expenses chosen by the User for a shipping modality different from the least expensive modality offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which GhostHoodies is informed of the User’s decision to withdraw.

GhostHoodies will refund the User using the same payment method that they used for the initial purchase transaction. This refund will not generate any additional cost to the User. However, GhostHoodies may withhold such refund until it has received the products or items of purchase, or until the User presents proof of their return, whichever condition is met first.

The User can return or send the products to GhostHoodies at: C/ costa brava 14b caldes de malavella girona

And must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which GhostHoodies was informed of the decision to withdraw.

The User acknowledges that they must bear the direct cost of returning (transport, delivery) the goods if any is incurred. Additionally, they will be responsible for the decrease in value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of illustration, and not exhaustively, this would be the case for: personalized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their packaging, as sealed in the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery; supply of digital content without physical support.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by GhostHoodies, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond mere opening, of products that are not in the same conditions 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, in addition to a copy of the purchase invoice.

In the following link, you can download the Model of withdrawal form:

Return of defective products or error in shipping These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and therefore, they must contact GhostHoodies immediately and let them know the existing disagreement (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 about how to proceed with the return of the products, and once returned, they will be examined and the User will be informed, within a reasonable period, if the refund proceeds or, where appropriate, the replacement of the same.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item proceeds.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, 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 recognized in the legislation in force at any time for the User, as a consumer and user, will always be observed.

Warranties The User, as a consumer and user, enjoys warranties on the products that they may acquire through this Website, under the terms legally established for each type of product, with GhostHoodies, therefore, being responsible for the lack of conformity of the same that manifests within three years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by GhostHoodies and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case regarding the products delivered to the User, they must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and which therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User considers it to be a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right to legal warranty directly with them during the three years following the delivery of said products. For this, the User must have kept all the information in relation to the warranty of the products.

EXEMPTION OF LIABILITY Unless legally provided otherwise, GhostHoodies will not accept any responsibility for the following losses, regardless of their origin:

any losses that were not attributable to any breach on their part;

business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or

any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was formalized between both parties.

Likewise, GhostHoodies also limits its liability in the following cases:

GhostHoodies applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or browser problems that are used or others of this nature.

GhostHoodies will act with the utmost diligence in order to make available to the company responsible for the transport of the product object of the purchase order. However, it is not responsible for damage arising from a malfunction of transport, especially due to causes such as strikes, roadblocks, and in general any others typical of the sector, that result in delays, losses or theft of the product.

Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. GhostHoodies uses all the means at its disposal to carry out the process of purchase, payment, and shipping/delivery of the products, however, it exempts itself from responsibility for causes that are not attributable to it, fortuitous case, or force majeure.

GhostHoodies will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, GhostHoodies will also not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.

In general, GhostHoodies will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, that are due to force majeure, and this may include, by way of illustration but not exhaustive:

Strikes, lockouts or other claim measures. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war. Fire, explosion, storm, flood, earthquake, sinking, epidemic, or any other natural disaster. Impossibility of using trains, ships, airplanes, 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 force majeure cause continues, and GhostHoodies will have an extension in the term to fulfill them for a period of time equal to that which lasts the cause of force majeure. GhostHoodies will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.

WRITTEN COMMUNICATIONS AND NOTIFICATIONS By using this Website, the User accepts that most communications with GhostHoodies are electronic (email or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that GhostHoodies send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with GhostHoodies through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, GhostHoodies may contact and/or notify the User at their email or at the postal address provided.

WAIVER No waiver by GhostHoodies of a specific legal right or action or the lack of requirement by GhostHoodies of strict compliance by the User with any of their obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from fulfilling their obligations.

No waiver by GhostHoodies of any of these Conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

NULLITY If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.
COMPLETE AGREEMENT These Conditions and any document expressly referred to in them constitute the entire existing agreement between the User and GhostHoodies in relation to the object of sale and purchase and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.

The User and GhostHoodies acknowledge having 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.

DATA PROTECTION The information or personal data that the User provides to GhostHoodies in the course of a transaction on the Website will be treated in accordance with what is established in the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website the User consents to the processing of such information and data and declares that all the information or data that they provide is true.
APPLICABLE LAW AND JURISDICTION Access, navigation, and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish law.

Any controversy, problem or disagreement that arises or is related to access, navigation, and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between GhostHoodies and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

COMPLAINTS AND CLAIMS The User can send their complaints, claims, or any other comment they wish to make to GhostHoodies through the contact details provided at the beginning of these Conditions (General Information).

In addition, GhostHoodies has official complaint forms available to consumers and users, which they can request from GhostHoodies at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if a controversy emanates from the celebration of this purchase contract between GhostHoodies and the User, the User as a consumer can request an extrajudicial resolution of controversies, in accordance with Regulation (EU) 524/2013 of the European Parliament and the Council, of May 21, 2013, on the resolution of online consumption disputes and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

This document of General Sales Conditions has been created using the online general sales conditions template generator on 01/18/2024.