Sales Terms and Conditions

These Terms and Conditions regulate the use of the online store, for which Diana Silvia Popescu (hereinafter, Break The Mould) is legally responsible. By accepting it, the User declares that they have read, understood and understand the above and that he/she/they assume all his/her/their obligations. If the User does not agree with the content of this document, he/she/they must leave this website, not being able to access or dispose of the services offered by it. Likewise, the User expressly and without exception accepts that the access and use of this website, its services and the contents of such services takes place under his sole and exclusive responsibility.

These Terms will be accepted by the parties without reservation, and may be modified at any time and without prior notice, being the responsibility of the User to read them when making a purchase or contract. The conditions in force at the time of conclusion of the contract will be those applicable to you.

Applicable regulations

This electronic contract is regulated by Spanish law and, in particular, by the legal regime imposed by Law 34/2002 on Information Society Services and E-Commerce (LSSICE) and by General Law 03/2014 on the Defence of Consumers and Users (LGDCU).

The electronic contract will not be filed by a third party. It is drawn up in English. These Sales Terms and Conditions may be stored and reproduced at any time by the User who makes a purchase using their internet browser’s options. They must be accepted before proceeding to order payment.

User account and error correction

In any case, creation and cancellation of a user account will be governed by the provisions of our Privacy Policy.

In order to make online purchases in this store, you can register by creating a user account or make a quick purchase without registering (as a guest user).

If you choose to make your purchase as a guest, your personal data will not be stored on the website, nor will you be able to check your order history. The personal data provided will only be stored to manage and deliver the requested products.

If you decide to register, you will receive an email confirming that the process has been completed successfully and reminding you of your access details. Via your account, you may make purchases, check your order history, change your password, amend your personal data, modify delivery and billing addresses, make comments, and perform other procedures or management tasks related to your purchases.

Furthermore, you may access your private account at any time to check your personal information and addresses and, if necessary, correct the errors that may have appeared when entering said data or updating them. Delivery and billing addresses may also be corrected or updated during the purchase process.

As User, you may deregister at any time by sending an email from the email address that you wish to deregister to the email address [email protected], which will result in your personal data being cancelled.

In any case, creation and cancellation of a user account will be governed by the provisions of our Privacy Policy.

Checkout process

Making a purchase on Break The Mould is really easy. Just follow these simple steps:

  1. Break The Mould will give you access to a page, which includes a detailed description, main characteristics and price of the service. If you need any further information, feel free to contact us. In the case of product sheets with photographs, products may suffer slight variations in colour or texture with respect to the photograph that appears on the website due to different factors, such as the resolution of your monitor. However, we will do our best to ensure the images are as faithful to reality as possible.
  2. Once you have selected the product you wish to purchase and have filled out the form with your details, you must press the “Add to basket” button to proceed directly with payment.
  3. Once the product selection is concluded, a summary will appear identifying the selected item (s). Finally, to continue with your order, you must press the button “Proceed to checkout”.
  4. As in previous sections, at the end of your purchase, you have the option of doing so by registering, or making a quick purchase without registration (as a guest). When registering, you must indicate your contact information and address, and in your next purchases you will not have to enter your data again.
  5. Finally, you must choose the payment method for your purchase from those offered by Break The Mould (see next section).
  6. Once the purchase process is complete, we will send you an email detailing your purchase’s information, as well as proof of payment or the invoice. If you do not receive this email within 24 hours, or if you notice an error with the data entered, please contact us using any of the following means:

Email: [email protected]
The contact form on this website

Likewise, if you want us to send you the invoice on paper, contact us and we will send it to you at no additional cost.

Payment methods

You can pay for your purchases using the payment method credit or debit card, as well as using Google Pay or Apple Pay.

Payment via credit or debit card is made using the secure payment gateway of Stripe. Via this payment method, Break The Mould never collects or handles any customer data related to their card number. All data are processed directly by Stripe and BBVA, such that Break The Mould may always offer optimal security, transparency and confidentiality in the transaction.

Deliveries

Delivery is available worldwide with DHL Express.

Please allow up to 4 working days for your parcel to be prepared for shipping. Once shipped, delivery is carried out by the express courier company (DHL Express Worldwide) within 2 working days for EU destinations, and between 2 – 4 working days for international deliveries outside the EU. You will always receive a tracking code for your order, and the option for flexible delivery, being able to choose a DHL delivery point or change the delivery day.

Delivery will be charged based on the product weight and destination, and you are able to check this prior to making a purchase. To do so, please fill out your shipping address details on the “Add to basket” page, and you will be able to check shipping prices before making a purchase.

The delivery company usually makes deliveries during business hours.

Break The Mould will not be liable for the SAD nor import expenses and taxes (ISPI, IGIC), tariffs or duties generated at customs in the destination, if applicable. 

*Please note: We are currently not offering delivery to the United Kingdom, as we are sorting Brexit-related requirements.

Delivery Times

The delivery time is shown during the purchase process, and implies acceptance by you.

In case of non-compliance with delivery times, you must tell us an additional period appropriate to the circumstances that caused the initial delay. In the event that we are also unable to deliver the item within that additional period, you will be able to terminate the contract. In the event that the delivery time is essential in the light of all the circumstances that occur in the conclusion of the contract or when you have informed us, prior to the purchase, that delivery before a certain date or on a certain date is essential. In such cases, you will be able to terminate the contract immediately.

In any case, if the termination of the contract occurs, the amounts paid in full will be refunded.

In the event that the User purchases a product that has not yet been released, but already has a release date, the shipping times will be provisional and modifiable, and will be subject to the number of units per product that the suppliers have at any given time. In such a case, we will contact you to inform you of the variations in such products, as well as the possibility to end the contract.

In some cases, there may be a lack of stock. Our staff will contact you to give you a solution and to inform you of the delivery time once the selected product is available, or to terminate the contract if you wish.

IMPORTANT: In general, we are not responsible for non-compliance or delay of obligations due to causes beyond our control, such as in case of force majeure (confinement by alarm state, for example), natural disasters, strikes, accidents, etc. If any incident arises, we will contact you to resolve the issue.

Prices, taxes, tariffs and duties

Prices are expressed in Euros. Prices for Break The Mould products may vary, but possible changes will not affect orders for which a Shipping Confirmation has already been sent.

Taxes will be applied as follows to the items on our website:

  • The retail price of items with a delivery address in mainland Spain and the Balearic Islands includes VAT.
  • The retail price of items with a delivery address in other EU countries, and if the buyer is an individual, includes Spanish VAT at 21%.
  • The retail price of items with a delivery address in other EU countries, and if the buyer is a business or professional, does NOT include VAT provided that they are registered in the Intra-Community Operators Register (in which case they must provide us with a valid tax identification code). If they are not registered as an Intra-Community Operator, the retail price will include the Spanish VAT at 21%.
  • The retail price of items with a delivery address in the Canary Islands, Ceuta or Melilla and, in general, any country outside the EU, does NOT include VAT, given that the transaction is treated as an export. The price indicated for each item is its final price for deliveries to these destinations. Break The Mould will not be liable for the SAD nor import expenses and taxes (ISPI, IGIC), tariffs or duties generated at customs in the destination, if applicable.

Down of accounts and services, cancellation and blocking

User accounts are not deleted for lack of use. The User can unsubscribe by requesting it to the staff of “Break The Mould”, by sending an email to [email protected] or through the profile of their account.

In case of non-payment of an order, it may be temporarily suspended until the situation of non-payment has been resolved by the User. In case of more than 15 days, “Break The Mould” may proceed to the cancellation of the order.

“Break The Mould” reserves the right to block without prior notice access to the User account (or directly delete the User account), if they use it illegally or violate the obligations and rules set forth herein, a fact that will be communicated by email. Blocking or deleting the User account will have no effect on the obligation to pay for the products purchased, if applicable.

In exceptional cases, under the free discretion of the administrators of “Break The Mould”, and evaluating the severity of the fact, administrators may choose to notice the infringing User, before deleting or blocking their account permanently.

By registering as a User, you agree that the owners of this site reserve the right, being able to act at any time and without prior notice, to modify or discontinue this website and its services, or to delete data provided, either temporarily or permanently.

Returns

Break The Mould is committed to customer satisfaction and makes every effort for you to have a positive experience with your order. For this reason, we offer you various methods you can use to return an item that does not meet your needs or expectations. Possible cases of return include:

  1. The product is incorrect, it has a defect, or it has been damaged during transport:

We take special care to ensure all of our items and deliveries are in perfect condition. However, if you receive an incorrect item, please get in touch with us as soon as possible to fix it. Before opening the product, check that the packaging matches what you have requested: colour, size, finish, etc.

If the products received have any defect or deterioration, we will respond to the lack of conformity as set out in the “Guarantees” section within these conditions of sale.

If the product has been damaged during transport, it is essential that you inform us as soon as possible and, if it’s possible, you note the incident on the carrier’s delivery note.

Products must be returned in the same condition as they were received, such that they are protected, within a box and original supporting packaging and any tags if applicable. Break The Mould makes available to the buyer a delivery company for the return of incorrect/faulty/damaged goods with a completely free service. If you wish to return goods using a delivery company different to the carrier suggested by Break The Mould, and the delivery company you choose offers higher rates, you must pay the difference in transport costs.

  1. Right to return:

We don’t want you to end up with something you don’t like, for which reason you can return an item if it doesn’t meet your expectations, in accordance with the provisions of the Consumer Rights Act.

To exercise this right to return goods, you must do so within a maximum of FOURTEEN (14) calendar days from receiving your order. You must inform us by emailing [email protected] of your decision to return the purchase made (to do so, you may also use the following return form model, if you wish).

You must return the products to the following address:

 

Break The Mould

Diana Silvia Popescu

C/ Isidre Margenat 17, PB2a

08195, Sant Cugat del Vallès

Barcelona

Spain

In order to exercise this right, the product must be returned in perfect condition, and preferably retain the original packaging, along with all of its parts. Please note that most of our products are fragile, and therefore need to be packaged securely for a safe return. You may consider purchasing insurance with the carrier company you choose for the return.

In the event that the products do not arrive in perfect condition, do not include all their parts and accessories, or do not keep their original packaging, Break The Mould reserves the right to pay a lower amount in the return, a circumstance that will be notified to you.

The refund of the amount paid will be made once the condition of the product has been inspected. The refund will be made using the same payment method used to make the purchase and, in any case, it will take place within a maximum of 14 calendar days from when the product return is reliably received.

Return delivery costs resulting from the right to return will be payable by the buyer.

  1. If you have not yet received your order:

If you have not yet received your order and you wish to cancel or amend it, simply inform us of the changes you wish to make. This will not involve any extra costs if your order has not yet been processed.

Contact Information for Returns:

*Notification through this website using the “Contact” section
*Email: [email protected]

All product returns must be sent to the following address: C/ Isidre Margenat 17, PB 2a, 08195, Sant Cugat del Vallès, Barcelona, España

Guarantees

With the exception of those that, given their nature, are excluded from regulations on consumer goods guarantees, all of our products are guaranteed nationally against manufacturing defects for two years from their date of purchase (or date of delivery, if this is later), or one year if the item is not new.

Most of the products we sell are vintage and very fragile. By purchasing a product, customers declare that they have read and agree to all the information, and accept that they may have age-related defects.

We will address nonconformities. The buyer must inform us of these within two months of identifying them.

If the defect or nonconformity were to arise in the first six months following delivery of the item, whether it is a new product or second-hand product, it will be assumed that the defect or nonconformity already existed when the product was purchased (or delivered, if this was later), meaning that a manufacturing defect exists, unless we can demonstrate that the defect or nonconformity is not a manufacturing defect, but rather, for example, it is owed to misuse or poor maintenance by the buyer.

On the other hand, if the defect or nonconformity were to arise after six months and before two years have elapsed, it will be presumed that a manufacturing defect does not exist.

In the event of a defective product, we may proceed, where applicable, to repair it, replace it, reduce its price, or terminate the product. These procedures will be free to the buyer (including transport costs, where applicable).

Therefore, defects and deterioration that occur due to external events, accidents, wear and tear, or use that does not conform to our instructions or those of the manufacturer (misuse) are excluded from the guarantee. In addition, products modified or repaired by the customer or any other person not authorised by Break The Mould, as well as products that are the subject of a specific contract, are also excluded. In these cases, the consumer will be responsible for their repair.

According to regulations, and unless proven otherwise, products will be considered to conform to the contract provided that they comply with all requirements expressed below:

  1. a) They adapt to the description provided and possess the product qualities presented to the consumer and User in the form of a sample or model.
  2. b) They are suitable for the uses that similar products are ordinarily used for.
  3. c) They present the usual quality and capabilities of a product of the same type that the consumer and User may reasonably expect in view of the product’s nature.

Dispute resolution

As required by new European regulations, the User is hereby informed of the existence of a European platform for online dispute resolution. Thus, in order to resolve consumer disputes (pursuant to Art. 14.1 of Regulation (EU) 524/2013), you can access European Commission’s online dispute resolution platform via the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES

 

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