General Terms and Conditions
We present here the general contracting conditions of El Caballo del Malo. These conditions are in accordance with Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November, which adapts Spanish legislation to the provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. The terms and conditions are also in accordance with Law 34/2002 of July 11, 2002, on information society services and electronic commerce. A section on the European Platform for Online Dispute Resolution is also included, in accordance with Regulation (EU) 524/2013 of 21 May 2013 on online consumer dispute resolution.
The business name of the owner of this portal and responsible for the brand El Caballo del Malo is Irene López Fernández, with NIF 53527335X and address at calle Lérida, number seventy, seven a, postal code 28020, Madrid. To contact El Caballo del Malo you can do so either by writing to the email address firstname.lastname@example.org, or by calling the telephone number 679 672 419.
Although you are reading this English translation, the language chosen for the conclusion of this electronic contract is Spanish. We will store the electronic documents in which the purchases are formalised.
The detailed characteristics of the products of El Caballo del Malo appear in the description of the same. To buy products, after examining their characteristics in the store, click the “Add to cart” button (or the buttons “PayPal Buy Now”, “Pay with Google Pay”, “Pay with Apple Pay”...) and, when you have added all your products, access it by clicking on the icon in the upper right corner of the page. From there you will be able to calculate the shipping price and finalize the purchase by following the instructions to enter your personal and shipping data and make the payment (before making the payment you will be able to check the final price, including shipping and taxes). Once you have completed your order, you will receive a confirmation message with your order details; if you do not receive this message, please contact us. If after reviewing the confirmation message you wish to make any changes to the data entered in the purchase process, you can do so by writing to email@example.com or by calling 679 672 419. Please, in case you need to make a change, try to do it as soon as possible, because changes made in the shipping data can only be made before the order has been shipped. If you want to modify the data after shipment, you will have to pay the costs incurred.
All prices of El Caballo del Malo products include taxes. The accepted payment methods are PayPal and Stripe (Card), to which new methods may be added for the convenience of customers.
The price of shipping is added to the price of the products when making a purchase before confirming the order. We will ship the products as soon as we can once your payment is confirmed (we will try to do it at most a couple of days after the confirmation). When we do so, we will inform the consumer that their order has been shipped. Except for shipments to the Canary Islands, where we also offer an economical option of shipping with Correos without tracking the package that can take several weeks to be delivered, we track all our shipments and send them through Packlink PRO (comparator that manages shipments with various transport companies). The delivery time depends on the shipping address and other factors. For shipments to mainland Spain is a couple of days approximately and in the rest of shipments should not exceed two weeks. If there is any delay, the customer will be able to track the shipment with the data that will be provided. The customer will be responsible for any taxes, customs duties or other charges. In the unlikely event of an unexpected problem that causes non-delivery, please contact us to clarify and resolve the problem as soon as possible. If a package is returned for reasons attributable to the customer (repeated no-shows and non-collection of the package, refusal to pay taxes or customs duties...), you will not be reimbursed the shipping costs and you will be responsible for the associated handling and return costs.
We ship to about 80 countries. If you do not find your country in the drop-down menu at checkout, but you are interested in receiving our products, please contact us at firstname.lastname@example.org and we will respond with possible shipping options.
Errors in pricing or availability
Although we will try that this never happens, sometimes computer or typographical errors may occur in the prices of products or their availability. In these cases we will contact the buyer to inform him of the errors, and he may choose to cancel his order (with a full refund of payments received) or to process the order with the correct conditions where possible.
If any of our products are received defective or damaged, please notify us as soon as possible, writing to the email address email@example.com, attaching photographs of the defects or damage, so that we can replace it with another in perfect condition. The shipping costs of the replacement will be borne by El Caballo del Malo. For any claim or query you can contact us through the same email address or by calling the phone number 679 672 419. 679 672 419.
Legal guarantee of conformity
El Caballo del Malo will respond to the lack of conformity or defects that appear within two years of delivery. Unless proven otherwise, it will be presumed that the lack of conformity that become apparent within six months after delivery of the product already existed when it was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity. If a consumer exercises his right to replacement, The Bad Horse may request the return shipment of the defective product. In such a case, El Caballo del Malo will send instructions for the return (and proof of the same when it occurs in which the date of delivery and the lack of conformity that causes the exercise of the right) and bear the shipping costs. Similarly, together with the replaced product, the seller shall deliver to the consumer proof of delivery stating the date of delivery. The consumer must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this deadline will not entail the loss of the right to the corresponding remedy, the consumer and user being responsible, however, for the damages actually caused by the delay in communication.
European online dispute resolution platform
Right of withdrawal
The consumer has the right to return the products purchased without having to justify his decision (except in cases of digital content —e-books, products including videos...— or clearly personalized goods —such as, for example, a book dedicated at the request of the consumer— in which the right of withdrawal does not apply), by sending his unequivocal declaration of withdrawal to firstname.lastname@example.org (Model: “I withdraw from the contract of sale corresponding to order number [write here the number of your order].”). The deadline for sending that declaration is 14 days from the day the consumer or a third party indicated by him, other than the carrier, acquires the material possession of the goods ordered (in case of delivery of multiple goods ordered by the consumer in the same order and delivered separately, the day he or a third party indicated by him, other than the carrier, acquires the material possession of the last of the goods). Outside this period we do not accept returns.
We will confirm as soon as possible the receipt of the decision of withdrawal of the consumer, also providing the address for the return of the goods. The consumer must return the goods by the most convenient means, properly protected and in perfect condition, without having carried out any manipulation other than those necessary to establish its nature, characteristics or operation. The cost of returning the goods shall be borne by the consumer. The consumer must return the goods without undue delay and, in any case, no later than within 14 calendar days from the date you communicate your decision to withdraw.
El Caballo del Malo shall reimburse any payment received from the consumer for the goods, including delivery costs, without undue delay and in any event not later than 14 days after it has been informed of the consumer’s decision to withdraw from the contract (except for additional delivery costs in case the consumer has expressly selected a delivery method other than the least expensive method of delivery). However, El Caballo del Malo may withhold the refund until it has received the goods, or until the consumer has provided proof of the return of the goods, whichever condition is met first.
If you have any doubts or queries about our conditions, please do not hesitate to contact us at the following e-mail address: email@example.com.
These general terms and conditions are subject to change without notice. Please check this page for the latest version of these terms and conditions.
Last updated: 26 September 2022.