Terms of use and purchase

1. INTRODUCTION

This document (together with all documents referred to in it) establishes the conditions under which the use of this website (www.insane-shop.com) and the purchase of products on it are governed (hereinafter, the "Conditions"), regardless of the application, digital medium, support, or device through which access can be obtained. Please read these Conditions and our Privacy and Cookies Policy carefully before using this website. By using this website or placing an order through it, you consent to be bound by these Conditions and our Privacy and Cookies Policy. If you do not agree with all the Conditions and the Privacy and Cookies Policy, you should not use this website.

If you have any questions regarding the Conditions or the Privacy and Cookies Policy, you can contact us through our contact channels.

2. OUR DETAILS

The sale of items through this website is carried out under the name INSANE DON'T REMAIN THE SAME by INSANE GLOBAL, S.L., a Spanish company registered in the Commercial Register of Barcelona, Volume 47524, Folio 67, Sheet B-554542, 1st registration, with NIF B02658391 and email hello@insane-shop.com.

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

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

4. USE OF OUR WEBSITE

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

- Use this website only to make legally valid inquiries or orders.
- Not place any false or fraudulent orders. If it could reasonably be considered that such an order has been made, we are authorized to cancel it and inform the relevant authorities.
- Provide us with your email address, postal address, and/or other contact details truthfully and accurately. Likewise, you consent that we may use this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, we may not be able to process your order.
- When placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5. SERVICE AVAILABILITY

The items offered through this website are only available for shipping within Spanish territory.

If you wish to place an order from another country through this website, you can certainly do so; however, please note that we only offer deliveries to a shipping address within Spanish territory.

6. HOW TO PLACE AN ORDER

To place an order, you must follow the online purchase procedure and click on "Authorize payment." After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Likewise, we will inform you by email that the product is being shipped (the "Shipping Confirmation").

7. TECHNICAL MEANS TO CORRECT ERRORS

If you detect an error when entering your personal data during your registration as a user on this website, you can modify them in the "My Account" section.

In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service through the email hello@insane-shop.com, via social networks (on Instagram and Facebook), and by exercising the right of rectification as outlined in our Privacy and Cookies Policy through hello@insane-shop.com.

This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections has not been provided correctly. Also, this website provides details of all the items you have added to your basket during the purchase process, so before making the payment, you can modify the details of your order.

If you detect an error in your order after completing the payment process, you must immediately contact our customer service, by phone or at the email address mentioned above, to rectify the error.

8. PRODUCT AVAILABILITY

All orders are subject to product availability. If there are difficulties regarding the supply of products or if items are out of stock, we will refund any amount you may have paid.

9. DELIVERY

Before placing the order, you must select the delivery method that best suits your needs. Unless otherwise agreed, we will send the order consisting of the product(s) specified in each Shipping Confirmation without undue delay and at the latest within 30 calendar days from the date of the Order Confirmation.

Please note that there are circumstances arising from the customization of products or unforeseen or extraordinary circumstances that may affect the delivery date.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the paid price. Please note that, in any case, we do not make home deliveries on Saturdays or Sundays.

For the purposes of these Conditions, it will be understood that the "delivery" or that the order has been "delivered" at the moment when you or a third party indicated by you acquires physical possession of the products, which will be evidenced by the signature on the receipt of the order at the agreed delivery address.

10. IMPOSSIBILITY OF DELIVERY

If we are unable to deliver your order, we will try to find a safe place to leave it. If we cannot find a secure place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to have it sent to you again. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.

If, after 15 days from when your order is available for delivery, the order has not been delivered due to reasons not attributable to us, we will consider that you wish to cancel the contract, and we will consider it resolved. As a result of the contract resolution, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer) without undue delay and, in any case, within a maximum period of 14 days from the date we consider the contract resolved. Please note that transportation costs resulting from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs to you.

11. TRANSFER OF RISK AND OWNERSHIP

The risks of the products will be at your expense from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this occurs at a later time.

12. PRICE AND PAYMENT

The prices on the website include VAT but exclude shipping costs, which will be added to the total amount due as outlined in our Buying Guide - Shipping.

Prices may change at any time, but (except as stated above) such changes will not affect orders for which we have already sent an Order Confirmation.

Once you have selected all the items you want to purchase, they will be added to your basket, and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchasing process, filling in or checking the information requested at each step. Also, during the purchasing process, before making the payment, you can modify the details of your order. A detailed description of the purchasing process is available in the Buying Guide. Additionally, if you are a registered user, you have a detailed record of all orders placed in the My Account section.

You can use Visa, Mastercard, PayPal, Apple Pay as a means of payment. By clicking on "Authorize Payment," you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or charge card.

To minimize the risk of unauthorized access, your credit card data will be encrypted. Credit cards are subject to checks and authorizations by the issuer, but if the issuer does not authorize payment, we will not be responsible for any delay or failure to deliver, and we will not be able to formalize any contract with you.

13. GUEST CHECKOUT

This website also allows purchases through the guest checkout functionality. In this mode of purchase, only the essential data needed to process your order will be requested.

Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.

14. VALUE ADDED TAX AND INVOICING

In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of items will be deemed located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally prevailing one 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 current regulations in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may indicate at any time your preference to receive a paper invoice, in which case, we will issue and send the invoice in that format.

15. RETURN POLICY

Legal right to withdraw from the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 natural days without the need for justification.

The withdrawal period will expire after 14 natural days from the day you or a third party indicated by you, other than the carrier, acquires physical possession of the goods, or in the case of goods that make up your order are delivered separately, 14 natural days from the day you or a third party indicated by you, other than the carrier, acquires physical possession of the last of those goods.

To exercise the right of withdrawal, you must notify us at INSANE GLOBAL SL, via email (hello@insane-shop.com), of your decision to withdraw from the contract through an unequivocal statement. You can use the withdrawal form model attached to these Conditions, although its use is not mandatory. To meet the withdrawal deadline, it is sufficient that the communication regarding the exercise of this right is sent before the corresponding period expires.

Consequences of withdrawal

In case of withdrawal on your part, we will refund all payments received from you, including delivery costs to the initial shipping address (except for additional expenses resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without undue delay and, in any case, no later than 14 natural days from the date we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction unless you indicate otherwise, expressly detailing the means of payment through which you want us to make the refund. You will not incur any fees as a result of the refund. However, we may withhold the refund until we have received the goods or until you have provided proof of their return, depending on which condition is met first.

You must request the return through a courier service on our website without undue delay and, in any case, within a maximum period of 14 natural days from the date you communicate your decision to withdraw from the contract. The deadline will be considered met if you return the goods before this period has expired.

You must bear the direct cost of returning the goods.

You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

Contractual right of withdrawal

In addition to the legally recognized right of withdrawal for consumers and users mentioned in clause 15.1 above, we grant you a period of 30 days from the Shipping Confirmation to make returns of products (except those mentioned in clause 15.3 below, for which the right of withdrawal is excluded).

If you return the products within the contractual withdrawal period, but after the legal period has expired, you will only be refunded the price paid for such products. You will be responsible for the direct return costs of the product.

You may exercise your right of withdrawal in accordance with the provisions of clause 15.1 above. Still, if you communicate your intention to withdraw from the contract after the legal withdrawal period has elapsed, you must, in any case, deliver the goods to us within the 30-day period from the Shipping Confirmation.

Common provisions

Your right to withdraw from the contract will apply exclusively to those products that are returned in the same condition in which you received them. No refund will be made if the product has been used beyond merely opening it, if the products are not in the same condition as they were delivered, or if they have suffered any damage, so you must be careful with the product(s) while they are in your possession. Please return the item using or including all its original packaging, instructions, and any other documents that may accompany it.

You can make returns through a Tipsa courier that we will send to your home.

You must contact us through our return request so that we can arrange the collection at your home. You must deliver the goods in the same package in which you received them, following the instructions found in the "RETURNS" section on this website. If you made a purchase as a guest, you can request returns through the Tipsa courier by sending an email to devoluciones@insane-shop.com.

Neither of the two options will entail an additional cost for you.

If you do not want to return the products through any of the available free options, you will be responsible for the return costs. Please note that if you decide to return the items to us with postage due, we will be authorized to charge you the expenses we may incur.

After examining the item, we will inform you if you are entitled to a refund of the amounts paid. The refund of shipping costs will only be made when the right of withdrawal is exercised within the legal period, and all items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date you notified us of your intention to withdraw. However, we may withhold the refund until we have received the goods or until you have provided proof of the return of the goods, depending on which condition is met first. The refund will always be made in the same payment method you used to make the purchase.

If you have any questions, you can contact us by email at devoluciones@insane-shop.com.

Please note that, having delivered the order, in case of exercising the legal or contractual right of withdrawal, when you organize the transport yourself, without this service having been offered by us, we cannot assume the risk of the return package when it comes to causes not attributable to INSANE.

Likewise, remember that you will be responsible for the content of the return package when using any of the return options offered by INSANE. In the event of an error in the content of the return package not attributable to INSANE, we will be authorized to pass on the corresponding costs if it is possible to manage the return of the package to your attention.

Rights and actions recognized by current legislation are always preserved.

Returns in the Canary Islands, Ceuta, and Melilla

If you want to exchange or return a product that has been delivered in the Canary Islands, Ceuta, or Melilla, you must contact us at devoluciones@insane-shop.com to agree with us or one of our representatives on the collection of the product by a courier or return it at your own cost.

Size Exchange

In cases where you feel that the size of the purchased product doesn't meet your requirements, and without prejudice to your legal and contractual right of withdrawal, you may request a size exchange in the "Orders and Returns" section of the "My Account" on this website, within 30 days from the Shipping Confirmation. Please select the size for which you want to exchange the initially purchased product, provided that (i) it's the same product, (ii) it has an equal or higher value than the initially purchased product (in this case, the price difference won't be charged to you), and (iii) specific payment methods have been used (refer to the Clause in these Terms and Conditions for more details). Note that this option will be visible only when the aforementioned conditions are met.

Once the size exchange is requested, and you choose the delivery method from the options below, you are required to deliver the product through a courier that will be sent to your address. You must deliver the product promptly and, in any case, within a maximum period of 14 calendar days from the Size Exchange Request on the website. Neither of these options will result in an additional cost for you.

If you opt for delivery through a courier organized by us, you should deliver the merchandise in the same package you received, following the instructions in the "Orders and Returns" section on this website.

For delivery through a courier sent to your address, we will dispatch the new order, consisting of the product with the size you've selected, within 2-3 business days from the exchange request, and, in any case, within a maximum period of 30 days from that date. This option won't incur additional costs for you. The new order will be subject to the provisions of the Purchase Conditions, including those related to the exercise of the right of withdrawal.

Please be aware that if 14 days have passed since the Size Exchange Request on the website, and you haven't returned the initially purchased product using the means provided by INSANE, we are authorized to charge you the costs associated with the new order, as outlined in the Purchase Conditions.

Returns of Defective Products

In situations where you believe that the product doesn't conform to the contract's stipulations upon delivery, contact us immediately through our provided channels, providing details of the product and the damage it has sustained. Alternatively, call the number 900 814 900, and we will guide you through the process.

You can return the product by handing it over to a courier that will be sent to your home when you request the collection. We will carefully examine the returned product and notify you via email within a reasonable period whether a refund or replacement is appropriate. The refund or replacement will be processed as soon as possible and, in any case, within 14 days following the date we send an email confirming the appropriateness of the refund or replacement for the non-compliant item.

Amounts paid for products returned due to defects or flaws, when confirmed, will be fully refunded, including the delivery costs incurred for the item to reach you and the costs you've incurred to return it to us. The refund will be made using the same payment method used for the purchase.

Rights recognized by current legislation are preserved in any case.

Right of Withdrawal and Return of Orders from Abroad

If you've placed an order through this website from a European Union member state other than Spain, the clauses mentioned above will apply, with the restriction that the return through a courier organized by us can only be made from the original delivery address in Spain.

Additionally, please note that under no circumstances (except as provided in clause 17.6, to which this clause 17.7 doesn't apply) will we be obliged to refund shipping costs other than those incurred for the original delivery address in Spain or return costs from a destination outside Spanish territory.

 

16. WARRANTIES

If you contract as a consumer, we provide warranties on the products we sell through this website, as legally established for each type of product. We are responsible for the lack of conformity that manifests within two years from the product's delivery.

Products are considered compliant with the contract if (i) they match the description provided by us and have the qualities presented on this website, (ii) they are suitable for the ordinary uses of products of the same type, and (iii) they exhibit the usual quality and features of a product of the same type that can be reasonably expected. If any product is not in conformity with the contract, you must inform us following the procedure detailed in the previous section 15.6 and through any of the specified communication channels.

The products we sell, especially handcrafted items, may often exhibit characteristics of the natural materials used in their manufacturing. These characteristics, such as variations in veins, texture, knots, and color, are not considered defects. On the contrary, their presence should be expected and appreciated. We selectively choose products of the highest quality, but natural features are inevitable and should be accepted as part of the individual appearance of the product.

17. LIABILITY AND DISCLAIMER

Unless expressly stated otherwise in these Conditions, our liability regarding any product purchased on our website will be strictly limited to the purchase price of that product.

However, and unless legal provisions dictate otherwise, we will not accept any liability for the following losses, regardless of their origin:

(i) loss of revenue or sales;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data; and

(vi) loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless expressly stated otherwise.

18. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark, and other industrial and intellectual property rights on the materials or content provided as part of the website belong to us at all times or to those who licensed us to use them. You may use such material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to copy information about your order or contact details.

19. VIRUSES, HACKING, AND OTHER CYBER ATTACKS

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs, or any other technologically harmful or damaging material. You must not attempt to gain unauthorized access to this website, the server on which this website is hosted, or any server, computer, or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Breach of this clause may constitute offenses under applicable regulations. We will report any breach of such regulations to the relevant authorities and cooperate with them to discover the attacker's identity. Moreover, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically harmful or damaging material that may affect your computer, computer equipment, data, or materials due to the use of this website or downloading content from it or to which it redirects.

20. LINKS FROM OUR WEBSITE

In case our website contains links to other websites and third-party materials, these links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from their use.

21. WRITTEN COMMUNICATIONS

Applicable regulations require that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with legal requirements to be in writing. This condition will not affect your legally recognized rights.

 

22. NOTIFICATIONS

Any notifications you send to us should be communicated through email or via social media (Facebook and Instagram). In accordance with the provisions of the previous clause 22, unless otherwise specified, we may send communications either to the email or to the postal address provided by you when placing an order.

Notifications will be deemed to have been received and properly made at the same moment they are posted on our website, 24 hours after an email is sent, or three days after the date of posting any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was properly stamped, and was duly delivered to the post office or a mailbox. In the case of an email, it will be sufficient to prove that it was sent to the email address specified by the recipient.

23. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding for you and us, as well as for our respective successors, assigns, and heirs. You may not transfer, assign, encumber, or otherwise transfer a contract or any of the rights or obligations arising from it without our prior written consent.

We may transfer, assign, encumber, subcontract, or otherwise transfer a contract or any of the rights or obligations arising from it at any time during its term. To avoid any doubt, such transfers, assignments, liens, or other transfers will not affect the rights that you, as a consumer, are recognized by law, nor will they cancel, reduce, or otherwise limit the warranties, both express and implied, that we may have granted you.

24. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed when it is due to events that are beyond our reasonable control ("Force Majeure").

Force Majeure includes any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including but not limited to:

- Strikes, lockouts, or other labor disputes.
- Civil unrest, riot, invasion, threat or terrorist attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
- Inability to use trains, ships, planes, motor transport, or other means of public or private transport.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Obligations will be considered suspended during the period in which the Force Majeure continues, and we will have an extension of the term to fulfill those obligations for a period equal to the duration of the Force Majeure. We will make every reasonable effort to end the Force Majeure or to find a solution that allows us to fulfill our obligations despite the Force Majeure.

25. WAIVER

Our failure to demand strict compliance on your part with any of the obligations assumed by you under a contract or these Conditions, or our failure to exercise the rights or actions that may correspond to us under said contract or the Conditions, shall not constitute a waiver or limitation in relation to such rights or actions, nor shall it exempt you from fulfilling such obligations.

No waiver by us of a specific right or action shall constitute a waiver of other rights or actions arising from a contract or the Conditions. No waiver by us of any of these Conditions or the rights or actions arising from a contract shall be effective unless expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.

26. PARTIAL INVALIDITY

If any of these Conditions or any provision of a contract is declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity.

27. COMPLETE AGREEMENT

These Conditions and any document referred to in them constitute the entire agreement between you and us in relation to their subject matter and replace any other agreement, understanding, or previous promise agreed upon between you and us, verbally or in writing.

You and we acknowledge that we have consented to enter into a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations carried out by both parties before it, except as expressly mentioned in these Conditions.

Neither you nor we will have action against any untrue statement made by the other party, verbal or written, prior to the date of a contract (unless such untrue statement was made fraudulently), and the only action available to the other party will be for breach of contract in accordance with the provisions of these Conditions.

28. OUR RIGHT TO MODIFY THESE CONDITIONS

We reserve the right to modify the Terms and Conditions. The introduced modifications will not have retroactive effect.

If you do not agree with the introduced modifications, we recommend that you do not use our website.

29. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.

Any dispute that arises or is related to the use of the website or said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights recognized to you by the current legislation.

30. COMMENTS, SUGGESTIONS, COMPLAINTS, AND CLAIMS

Your comments and suggestions will be welcomed. We ask you to send such comments, suggestions, and inquiries through our contact channels.

Likewise, you can send your complaints and claims through our contact channels or the email hello@insane-shop.com, which will be handled by our customer service as soon as possible and, in any case, within the legally established period. They will also be registered with an identifying code that we will inform you of, allowing you to follow up on them.

If you, as a consumer, believe that your rights have been violated, you can address your complaints to us through the email address hello@insane-shop.com in order to request an out-of-court resolution of consumer disputes.

In this regard, if the purchase between you and us was made online through our website, in accordance with EU Regulation No 524/2013, we inform you that you have the right to request an out-of-court resolution of consumer disputes with us accessible through the Internet address http://ec.europa.eu/consumers/odr/.

31. CONTACT

Please note that the email hello@insane-shop.com is provided to allow easy and direct access to the identifying data of INSANE GLOBAL SL. as a commercial entity of the goods, as well as for you to file any complaints or claims you deem appropriate.

For more information, please refer to the "Contact" section of the website.