Legal information
Last updated: October 2026 · version 2026-10-17-2
If there is any discrepancy between this English version and the Spanish version, the Spanish version prevails, unless the English version is more favourable to you. View the Spanish version
Legal notice
1. Who we are
In compliance with Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), these are the details of the owner of this website:
- Owner: THE BLACK STAIN, S.L.
- Trading names: THE BLACK STAIN and Camisetas Personalizadas Barcelona (CPB)
- Tax ID (NIF): B67345843
- Registered office: Calle de la Estación, 41, 08792 La Granada (Barcelona), Spain
- Registration details: Commercial Register of Barcelona, volume 46715, folio 95, sheet B-528572, entry 1
- Email: info@theblackstain.com
- Phone and WhatsApp: +34 616 261 726
- Address for returns, complaints and claims: that of the registered office
- Website: camisetaspersonalizadasbarcelona.com
- Activity: sale and customisation of textile garments (embroidery, textile vinyl and DTF)
- Codes of conduct: we do not adhere to any
2. Purpose of this notice
This notice governs the use of the website camisetaspersonalizadasbarcelona.com. Purchases are governed by the terms of sale, which you expressly accept in the basket before paying. How we process your data is explained in the privacy policy, and the use of cookies in the cookie policy.
3. Use of the website
You can browse the website and use the editor without registering. We ask you to use it lawfully and, in particular, not to:
- upload content that is unlawful or offensive, that incites hatred or violence, or that infringes the rights of other people (copyright, trademarks, image or privacy);
- attempt to access non-public parts of the website, alter the prices or the operation of the basket or payment, or introduce viruses or malicious code;
- use the website or its content to send advertising or for commercial purposes other than buying your garments.
If we detect such use, we may block the content concerned and, if it forms part of an order, apply the provisions of the terms of sale (rejection of the design with a full refund).
4. Intellectual and industrial property
The texts, photographs, designs, logos, the 3D editor and the code of this website belong to THE BLACK STAIN, S.L. or to third parties who authorise us to use them (for example, the garment manufacturers, whose trademarks belong to their respective owners). You may view and print them for your personal use, but you may not copy, distribute or transform them for commercial purposes without our written permission.
The images and texts you upload to customise a garment remain yours (or belong to whoever authorised you to use them). We only use them for your order, as explained in section 7 of the terms of sale.
5. Liability for use of the website
We work to make sure the website works properly and that its information is accurate, but there may be interruptions due to maintenance, technical faults or causes beyond our control (internet, hosting or payment providers). We are not liable for damage caused by use of the website contrary to this notice, or for the content of third-party websites we link to (Stripe, WhatsApp, Google…), which have their own terms.
Nothing in the above limits the rights the law grants you as a consumer or our liability for orders, which is governed by the terms of sale and by the law.
6. Governing law and jurisdiction
This notice is governed by Spanish law. If you are a consumer, you can bring a claim before the courts of your domicile. If you act as a business or professional, disputes are submitted to the courts of Vilafranca del Penedès.
Privacy policy
Here we explain what personal data we process when you visit the website, write to us or make a purchase; for what purposes, on what legal basis, to whom we disclose it and how long we keep it, in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD).
1. Data controller
- Controller: THE BLACK STAIN, S.L. (Camisetas Personalizadas Barcelona)
- Tax ID (NIF): B67345843
- Postal address: Calle de la Estación, 41, 08792 La Granada (Barcelona), Spain
- Email: info@theblackstain.com
- Phone and WhatsApp: +34 616 261 726
2. What data we process and where it comes from
- In the basket: your name and your email.
- On the Stripe payment page: the delivery address, phone number and payment details. Card details are processed by Stripe: we neither see nor store the full card number.
- Order data: garments, sizes, colours, quantities, amounts, language and the texts you type in the editor.
- Images: the images you upload in the editor and a screenshot of your design. They are uploaded to our storage (Cloudinary) when you click ‘Add to basket’, even if you do not go on to pay. The image is stored as you upload it, with its metadata: for example, the date, the phone or camera model and, if the photo contains them, the GPS coordinates of the place where it was taken. If you do not want to share them, remove them before uploading the image (for example, by exporting it without location data).
- When you write to us (form, email or WhatsApp): name, email, phone number if you use WhatsApp, subject and message.
- Complaints, guarantee claims and withdrawals: the order data and whatever you tell us, including photos of the garment.
- Browsing: if you accept analytics cookies, data on your use of the website through Google Analytics; and, always, the hosting provider's technical logs (IP address, date and page requested).
If your images or texts include other people's data (their face or their name, for example), or you give us another person's address so that we can send them a gift, you must have their permission and inform them of this policy.
3. What we use your data for, on what legal basis and for how long
a) Managing your order: reviewing the design, producing it, taking payment, shipping it, keeping you informed of its status and assisting you.
- Legal basis: performance of the sales contract (Art. 6(1)(b) GDPR).
- Retention: for the duration of the order and then 6 years from the order (Article 30 of the Spanish Commercial Code), for accounting purposes and to deal with any claims.
b) Storing the images and the screenshot of your design so that we print exactly what you designed.
- Legal basis: pre-contractual steps taken at your request when you add the design to the basket and, if you buy, performance of the contract (Art. 6(1)(b) GDPR).
- Retention: if you do not go on to place the order, we delete them after 30 days; if you do, we keep them until the legal guarantee ends (3 years from delivery), so that we can deal with any claim, and then we delete them.
c) Complying with our accounting and tax obligations (invoices and books).
- Legal basis: legal obligation (Art. 6(1)(c) GDPR).
- Retention: 6 years (Article 30 of the Spanish Commercial Code).
d) Answering your enquiries and quote requests (form, email or WhatsApp).
- Legal basis: pre-contractual steps when you ask us for a quote or for information in order to buy (Art. 6(1)(b) GDPR); for other enquiries, our legitimate interest in responding to the messages you send us (Art. 6(1)(f) GDPR).
- Retention: until your enquiry is resolved and then 12 months, in case you write to us again about the same matter. If the enquiry leads to an order, the period in section a) applies.
e) Handling complaints, guarantee claims and withdrawals.
- Legal basis: legal obligation (consumer legislation, Art. 6(1)(c) GDPR) and performance of the contract (Art. 6(1)(b) GDPR).
- Retention: while they are being handled and then until any legal actions that may arise become time-barred (for example, 5 years from when a defect covered by the legal guarantee becomes apparent).
f) Website usage statistics with Google Analytics 4, only if you accept analytics cookies.
- Data: Google Analytics cookie identifiers, pages viewed, device and browser, and approximate location (city or country) derived from the IP address.
- Legal basis: your consent (Art. 6(1)(a) GDPR). You can withdraw it at any time with the ‘Cookie settings’ button in the footer or ‘Change my cookie choice’ at the end of this page, without affecting prior processing.
- Retention: the cookies last 2 years and the data is kept in Google Analytics for 2 months.
g) Security and technical operation of the website (hosting logs).
- Legal basis: our legitimate interest in protecting the website and preventing fraud (Art. 6(1)(f) GDPR).
- Retention: the limited time for which Netlify keeps its logs, under its own privacy policy.
When these periods end, the data is blocked and kept only at the disposal of courts and authorities for as long as liability may be claimed; it is then deleted (Article 32 LOPDGDD). We do not send you advertising by email and we do not sell your data.
4. Do you have to give us your data?
To buy, yes: without your name, email, address and phone number we cannot prepare or deliver the order (the carrier needs the phone number). To answer an enquiry we need your name and your email. Analytics is optional.
5. Who receives your data
We disclose your data only to the following providers, which process it on our behalf (processors) or, where indicated, as independent controllers:
- Stripe (Stripe Payments Europe, Ltd., Ireland, and Stripe, Inc., USA): payment for orders. It receives your name, email, phone number, address, payment details and order details, including the links to your design images. To prevent fraud and to comply with its own legal obligations as a payment institution, Stripe acts as an independent controller.
- Netlify (Netlify, Inc., USA): hosting of the website, of the function that prepares the payment, which receives the basket contents, your name, your email and the links to the images, and of the function that sends the order emails, which also receives your shipping address and phone number from Stripe and downloads the images to attach them to our notice.
- Cloudinary (USA): storage of the images you upload and of the screenshot of your design.
- EmailJS (EmailJS Pte. Ltd., Singapore, with servers in the USA): sending to our inbox the notification of each customised order (name, email, garment and links to the images) and the messages from the contact form.
- Google (Google Ireland Limited and Google LLC, USA): Google Analytics, only if you accept analytics cookies.
- Zoho (Zoho Corporation B.V., Netherlands, with its data centre in the EU): our email service, where we receive your emails and the order notifications, and ZeptoMail, its service for sending you the emails about your order (confirmation, design changes and shipping).
- WhatsApp (Meta): if you write to us on WhatsApp, the platform processes your data as a controller under its own policy.
- Packlink (Auctane, S.L.U., Madrid): the platform we use to book shipments. It receives your name, address and phone number to prepare the label and passes them to the carrier.
- Carrier (whichever company delivers each order): name, address and phone number, to deliver the order.
- Gestoría (accountancy adviser) (QUALITAT I GESTIÓ INTEGRAL A PARTICULARS I EMPRESES, S.L.L.): billing data for accounting and tax purposes.
- Public authorities, courts and tribunals, when required by law (for example, the Spanish Tax Agency).
6. International transfers
Stripe, Netlify, Cloudinary, Google and EmailJS may process data in the United States or in other countries outside the European Economic Area. They only do so with the safeguards required by the GDPR:
- companies that adhere to the EU-US Data Privacy Framework, which is covered by an adequacy decision of the European Commission (Commission Implementing Decision (EU) 2023/1795);
- in other cases, the standard contractual clauses approved by the European Commission (Article 46 GDPR), included in those providers' contracts;
- if the data is processed in a country covered by a Commission adequacy decision (for example, Israel), that decision.
Stripe, Netlify, Cloudinary and Google adhere to the Data Privacy Framework; for EmailJS, and for access by Zoho's technical support from India, standard contractual clauses apply. You can ask us for more information or for a copy of these safeguards by writing to us.
7. Your rights
You can exercise, free of charge and at any time, your rights of access, rectification, erasure, objection (including objection to processing based on our legitimate interest), restriction of processing and portability, and withdraw any consent you have given us (analytics), without affecting processing carried out before.
Write to us at info@theblackstain.com or to our postal address, stating which right you wish to exercise. If we have reasonable doubts about your identity, we will ask you for the information needed to verify it. We will reply within one month at most (extendable by two further months in complex cases, in which case we will let you know beforehand).
If you believe we have not dealt with your rights properly, you can lodge a complaint with the Spanish Data Protection Agency (www.aepd.es, C/ Jorge Juan, 6, 28001 Madrid). If you write to us first, we will try to resolve it.
8. Automated decisions
We do not make automated decisions or carry out profiling with your data.
9. Minors
The website is not aimed at children under 14. If you are under 14, you need the authorisation of your parents or guardians to give us your data. For purchases, see section 1 of the terms of sale.
10. Security
The website uses an encrypted connection (HTTPS), payment is made on Stripe's platform and we do not store card details. Only the people who need your data to manage your order or your enquiry have access to it.
11. Changes to this policy
Version 2026-10-17-2. If we change it, we will publish the new version here with its date.
Terms of sale
Version 2026-10-17-2. These terms apply to orders placed from 17 October 2026. Each order is governed by the version you accepted when you placed it, which we send you with the order confirmation.
Key points
- The seller is THE BLACK STAIN, S.L. (Camisetas Personalizadas Barcelona). All its details are in the legal notice.
- You pay the price shown in the basket, VAT included, plus €6.00 shipping per order (free if the garments total €50.00 or more). Payment in advance by card through Stripe.
- We only ship to Spain (mainland and Balearic Islands). Delivery in 5 to 7 working days from when we approve your design (from payment, if the garment is not customised).
- We check every design before producing it. If it is not feasible, we refund everything, shipping included.
- Uncustomised garments: 14 calendar days to withdraw. Customised garments: no right of withdrawal, but you can cancel the order free of charge until we send you the “Design approved” email (section 10).
- All garments, including customised ones, have a 3-year legal guarantee.
- Questions and complaints: email, phone or WhatsApp, and post. We reply within 15 days at most.
1. Who sells and to whom these terms apply
The seller is THE BLACK STAIN, S.L. (trading name ‘Camisetas Personalizadas Barcelona’), tax ID (NIF) B67345843, with its address at Calle de la Estación, 41, 08792 La Granada (Barcelona), Spain, email info@theblackstain.com and phone and WhatsApp +34 616 261 726. Its other details are in the legal notice.
These terms govern the purchase of garments, customised or not, on camisetaspersonalizadasbarcelona.com. If you are a consumer (you buy for yourself, outside any business or professional activity), you also have all the rights the law gives you, which these terms do not limit. If you buy as a business or professional, please also read section 16.
To buy, you must be of legal age or have the authorisation of your parents or guardians.
2. How to buy
Before you start, here are the steps for placing an order (Article 27 LSSI-CE):
- You choose the garment in the catalogue or design it in the editor: model, colour, size, quantity and, if you customise it, the texts and images for each area.
- You add it to the basket. If it is customised, at that moment we store your design and your images (see the privacy policy).
- In the basket you review the garments, the quantities and the total price, including VAT and shipping; you enter your name and email, and you accept these terms by ticking the box.
- You click ‘Pay securely’ and go to the Stripe payment page, where you enter the delivery address and phone number, review the summary and pay. The contract is concluded when payment is completed.
- You see the confirmation on screen and we email you the order confirmation (section 14).
- We check your design and, if it is feasible, we approve it, let you know by email (“Design approved”) and start producing it (sections 5 and 10).
Correcting errors. Until you pay, you can correct any information: the design, in the editor, before adding it to the basket; the quantities or the garments, in the basket; the address and payment details, in Stripe, where you can also go back without paying (your basket remains saved). If you notice an error after paying, write to us straight away: if we have not yet sent you the “Design approved” email, we will correct it.
Filing of the contract. We archive the electronic contract document: the record of the order and of the payment in Stripe, with the version of these terms you accepted, and the confirmation email. You can ask us for a copy at any time. You can also save or print these terms from this page.
Languages. You can enter into the contract in Spanish, Catalan or English. The Spanish and Catalan versions of these terms are equally valid. The Stripe payment page is not available in Catalan and is shown in Spanish; we send you the order confirmation in the language in which you made your purchase. If there is any discrepancy between the English version and the Spanish version, the Spanish version prevails, unless the English version is more favourable to you.
3. The garments
On each garment's product page you can see, before buying, its description, its fabric composition, the sizes and measurements, the available colours and the tiered prices. The photos show the actual model, although the colour may look slightly different depending on your screen. The measurements for each size are the manufacturer's and may vary slightly, as is usual in garment making.
We customise with embroidery, textile vinyl and DTF. The design for each area can measure at most 33 cm on its short side and 60 cm on its long side, with a maximum of 10 elements (texts or images) per garment. We do not do all-over printing, striped garments, panels or colour blocks (these are achieved by weaving and sewing, not by printing), or replicas of official kits, club crests or third-party registered trademarks.
4. Prices and payment
- All prices are in euros and include VAT (21%).
- Shipping costs €6.00 per order, VAT included, and is added to the basket total. It is free if the garments total, VAT included, reaches €50.00.
- The unit price depends on the model, the size and the number of units of the same model in the whole basket, even if they are in different sizes, colours or designs (tiers of 1 to 10, 11 to 25, 26 to 50, 51 to 100 and 101 or more units). If you customise the garment, the price of each customised area is added (small logo, if it fits within 10 × 10 cm, or large logo), with a 15% discount on customisation when the garment has 2 or more areas.
- The ‘from’ price you see on the cards, headings and descriptions is the lowest unit price: uncustomised garment, in the base size, in orders of 101 or more units of the same model.
- The price you pay is the one you see in the basket and in Stripe before paying: there is no prior quote and no price change afterwards. If you place a large order (more than 20 garments), you can, if you wish, ask us for a quote and a personal adviser through the contact form or WhatsApp.
- You pay in advance on the Stripe page, by credit or debit card, Apple Pay or Google Pay. The charge is made when you confirm payment. We do not store your card details.
- If, because of an obvious technical fault, a garment were shown at a clearly wrong price (for example, €0 or a small fraction of its usual price), we will let you know before production and you can choose between paying the difference up to the correct price or cancelling the order with a full refund of what you paid.
5. Review and technical adaptation of your design
We check every design before producing it, within a maximum of 2 working days from payment. We do not produce anything without approving it first. When we approve it, we send you an email with the subject “Design approved”: from that moment your order is in production (section 10).
So that your design can be printed or embroidered properly, our workshop may make the following technical adjustments, without changing the essentials of the design (its content, its composition and the colours you chose):
- increasing the resolution of the image or vectorising it;
- cleaning up edges, backgrounds and stray pixels;
- converting colours to those that can be reproduced with the chosen technique (DTF, vinyl or embroidery);
- in embroidery, simplifying very fine details or very small text that cannot be embroidered sharply;
- slightly adjusting the size or position within the print area, by no more than ± 1 cm in size and ± 2 cm in position.
If producing it required a bigger change, or one that alters the appearance of the design (for example, because the image has very low resolution or a colour cannot be reproduced), we will write to you before production so that you can choose: approve the change, send us another image or cancel the order with a full refund, shipping included. The delivery period starts to run when we approve the design following your reply. If you do not reply within 10 calendar days, we will cancel the order and refund everything you paid.
6. Colours, tolerances and 3D view
- The editor's 3D view and flat view are an approximate simulation to help you see the layout: they do not exactly reproduce the texture, the sheen, the drape of the fabric or the final colour.
- The actual colour depends on the screen (each screen displays colours differently), on the fabric and its colour, and on the technique: in DTF, colours may vary slightly from what you see on screen; in vinyl, we use the closest available vinyl colour; in embroidery, the closest thread colour, and the relief of the thread changes how details look.
- Size and placement: the result may differ from what you see in the editor by up to ± 1 cm in size and ± 2 cm in position, because of the size, the seams and the manual positioning of the garment on the heat press or the embroidery machine.
- These tolerances are inherent to textile customisation and form part of the description of the product you are buying; that is why we also summarise them for you next to the checkbox in the basket before you pay.
- The garment is in conformity if it faithfully reproduces your design, with the technical adjustments described in section 5 or any changes you have approved: errors in the design itself are not defects (for example, spelling mistakes, or pixelated or cropped images that you decided to keep after our warning).
- These tolerances do not limit the legal guarantee: if the garment has a genuine defect (a printing error on our part, a changed design, a stain, peeling, a garment in a different size or colour from the one ordered, or differences greater than those stated), you have all the rights set out in section 12.
7. Your images and texts: rights and permission to use them
- By uploading images or texts, you warrant that you are their author or that you have permission to use them and for us to reproduce them on the garment, and that they do not infringe the law or the rights of other people (copyright, trademarks, the right to one's own image, honour or privacy). If other people appear in them, you must have their consent.
- If a third party makes a claim against us because your design infringes their rights, we will let you know, and you will be liable, in accordance with the law, for the damage arising from that breach.
- Limited licence: you give us permission to use, reproduce and technically adapt (section 5) your images and texts only for your order: to review, produce and ship it and to deal with guarantee claims or complaints. We do not use them for anything else (not on social media, not on the website, not as samples) without your express written permission. We do not acquire any other rights over your design.
- We keep them for the period stated in the privacy policy.
8. Designs we cannot produce
We only reject a design for the following objective reasons:
- it exceeds the maximum dimensions (33 × 60 cm per area) or requires all-over printing, stripes, panels or colour blocks;
- it reproduces an official kit, a club crest or a third party's registered trademark;
- the quality or format of the image does not allow a correct result even with the adjustments in section 5, and you do not send us another one;
- its content is unlawful, infringes the rights of third parties, is offensive or discriminatory, incites hatred or violence, or is sexually explicit;
- it cannot be made with our techniques on that garment or area (for example, embroidery that is too large or too detailed for the fabric).
In that case we will write to you explaining the reason and refund the full amount, shipping included, using the same payment method, within a maximum of 14 calendar days from when we notify you of the rejection. If the order contains other garments, you can choose between going ahead with the rest (we refund the amount for the rejected ones) or cancelling the whole order (we refund everything, shipping included).
9. Shipping and delivery times
- Delivery area: we only ship to addresses in Spain: mainland Spain and the Balearic Islands. We do not ship to the Canary Islands, Ceuta or Melilla, which lie outside the territory in which VAT applies, to which the prices on the website correspond. If an order is placed with an address in those territories, we will let you know and cancel it with a full refund.
- Delivery time: we deliver the order within 5 to 7 working days (Monday to Friday, excluding public holidays) from when we approve your design; if the garments are not customised, from payment. This is the same period you see on the Stripe payment page.
- Delays: if we are running late, we will let you know. If we do not deliver within the period, you can give us an appropriate additional period and, if we do not meet that either, cancel the order with a refund of everything you paid. If, before buying, you told us that delivery by a specific date was essential for you, you can cancel it immediately.
- Carriage: we ship with a courier company. The garment travels at our risk until it is received by you or by the person you indicate to us. If the parcel arrives damaged or opened, we would be grateful if you would point this out to the carrier and let us know with photos, although this is not required in order to keep your rights.
- Failed deliveries: if the parcel is returned to us because the address you gave us was incorrect or incomplete, or because it could not be delivered owing to the recipient's absence after the carrier's attempts, we will let you know and send it to you again once you have paid for shipping again (€6.00). If it is not delivered because of an error on our part or the carrier's, we will send it again free of charge.
10. Cancelling an order before production
Customised garments are not subject to the right of withdrawal (section 11), but we give you time to change your mind before we make them:
- When production starts. When we approve your design (section 5), we send you an email with the subject “Design approved” and your order number. That email marks the start of production. We send it within a maximum of 2 working days from payment, unless we need to ask you about a change to the design.
- Until that email, you can cancel free of charge. Write to us by email at info@theblackstain.com (you can also reply to the order confirmation) or on WhatsApp at +34 616 261 726, with your order number. We will confirm the cancellation in writing and refund everything you paid, shipping included, using the same payment method, within a maximum of 14 calendar days.
- How we know whether you were in time. We compare the date and time we received your message with the date and time we sent you the “Design approved” email. If your message arrived first, the order is cancelled.
- After that email the order is in production and can no longer be cancelled, without prejudice to the legal guarantee (section 12).
- If we write to you to choose a change to the design (section 5), you can cancel the order free of charge until you reply approving it.
Uncustomised garments can be cancelled before shipping or returned under the right of withdrawal (section 11).
11. Right of withdrawal
Uncustomised garments. You have the right to withdraw from the contract within 14 calendar days without giving any reason. The withdrawal period expires 14 calendar days after the day on which you, or a person indicated by you (other than the carrier), receives the garments; if they arrive in several parcels, 14 calendar days after the day on which the last one is received.
To exercise this right, inform us of your decision before the period expires by means of an unequivocal statement: by email to info@theblackstain.com, by WhatsApp to +34 616 261 726, by letter to Calle de la Estación, 41, 08792 La Granada (Barcelona), Spain or using the ‘Withdraw from contract here’ link in the withdrawal section. You may use the model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication before the withdrawal period has expired. We will confirm by email, without delay, that we have received it.
Effects of withdrawal. We will reimburse all payments received from you, including what you paid for standard shipping (€6.00, or nothing if it was free) if you withdraw from the whole order, without undue delay and in any event not later than 14 calendar days from the day on which you inform us of your decision to withdraw. If you withdraw from only part of the order, we do not refund the shipping cost, because it would have cost the same. We will use the same means of payment that you used, unless you expressly agree otherwise, and it will not cost you anything. We may withhold reimbursement until we have received the garments back or until you have supplied evidence of having sent them back, whichever is the earliest.
Returning the garments. You must send them back to us without undue delay and in any event not later than 14 calendar days from the day on which you communicate your withdrawal to us, to Calle de la Estación, 41, 08792 La Granada (Barcelona), Spain. The deadline is met if you send them back before it has expired. You will bear the direct cost of returning them.
Condition of the garments. You may inspect them as you would in a shop. You are only liable for any diminished value resulting from handling other than what is necessary to establish their nature, characteristics and functioning (for example, if you have worn, washed or damaged them).
Customised garments. Garments made to your specifications or clearly personalised (with your text, your image or your design) are not subject to the right of withdrawal (Article 103(c) of the consolidated text of the Spanish General Law for the Protection of Consumers and Users). We also remind you of this next to the checkbox in the basket before you pay. This does not affect the legal guarantee: if they arrive with a defect, you have all the rights set out in section 12.
Mixed orders. If your order contains both customised and uncustomised garments, you can withdraw from the uncustomised ones.
12. Legal guarantee
All our garments, including customised ones, are covered by the legal guarantee of conformity (Articles 114 to 124 of the consolidated text of the Spanish General Law for the Protection of Consumers and Users):
- We are liable for any lack of conformity that exists at the time of delivery and becomes apparent within the following 3 years. If it becomes apparent within the first 2 years, it is presumed to have existed already, unless proven otherwise.
- You can choose between repair and replacement of the garment (for a customised garment, this normally means making a new one), unless one of them is impossible or disproportionate. If that is not possible, if we do not do it within a reasonable time, if the defect reappears or if it is serious enough to justify it, you can ask for a price reduction or termination of the contract with a refund of your money.
- All of this is free of charge for you, including shipping.
- Your right to bring a claim becomes time-barred 5 years after the defect becomes apparent.
- To speed things up, we will ask you for the order number and photos of the defect. There is no deadline shorter than the legal one for notifying us, although the sooner you write to us, the sooner we can resolve it.
- The guarantee does not cover normal wear and tear from use, or damage caused by use or washing contrary to the garment's care instructions, which you will find on its label and in the parcel.
We do not offer any additional commercial guarantees; the legal guarantee always applies.
13. Customer service and complaints
- Channels: email info@theblackstain.com, phone and WhatsApp +34 616 261 726 (at no cost beyond that of an ordinary call or message) and post to Calle de la Estación, 41, 08792 La Granada (Barcelona), Spain.
- When you send us a complaint or claim, we will give you a reference number and proof of receipt by email, and we will reply as soon as possible and, at the latest, within 15 days of receiving it.
- Official complaint and claim forms (hojas oficiales de queja, reclamación y denuncia): these are available to you; ask us for them by email or WhatsApp and we will send them to you.
- If you are not satisfied with our reply, you can go to the municipal consumer information office (OMIC) of your municipality, to the Catalan Consumer Agency (Agència Catalana del Consum) or to the Catalan Consumer Arbitration Board (Junta Arbitral de Consum de Catalunya), an accredited alternative dispute resolution entity (consum.gencat.cat). We have not joined any consumer arbitration system, but we will consider every request for arbitration.
14. Order confirmation and invoice
When you complete payment you will see the confirmation on screen. In addition, within 24 hours at most, we will email you the order confirmation, with its reference, a summary of what you have bought and the price, these terms in the version you accepted and the withdrawal form. Keep it: it is your proof of the contract.
You are entitled to receive the invoice on paper, free of charge: by default we include it in the parcel. If you prefer to receive it only as a PDF by email, ask us by email or WhatsApp; that request will constitute your consent to electronic invoicing, which you can revoke at any time in the same way. If you need an invoice in a company's name, give us its tax details.
15. Liability
We are liable for orders in accordance with the law. If you are a consumer, nothing in these terms limits our liability or your statutory rights. We are not liable for delays or failures to perform caused by force majeure (unforeseeable or unavoidable events beyond our control, such as disasters, general transport strikes or general supply outages); in that case we will let you know and, if the delay is significant, you can cancel the order with a full refund.
16. If you buy as a business or professional
- Consumer protection rules do not apply (including, among others, the right of withdrawal and the consumer legal guarantee).
- We are liable for defects in the garments in accordance with the Spanish Commercial Code: you must notify us of visible defects within 4 days of receipt and of hidden defects within 30 days of receipt (Articles 336 and 342 of the Commercial Code).
- Our liability is limited to the amount of the order concerned, except in cases of wilful misconduct or gross negligence.
- For any dispute, the parties submit to the courts of Vilafranca del Penedès.
17. Governing law and jurisdiction
These terms are governed by Spanish law. If you are a consumer, you can bring proceedings before the courts of your domicile, and nothing in these terms deprives you of the protection afforded by the mandatory rules of the country in which you reside.
18. Changes to these terms
We may update these terms; the new version will be published here with its number and date. Each order is governed by the version in force that you accepted when you made your purchase.
Withdrawal
If you have bought uncustomised garments, you can withdraw from the contract within 14 calendar days of receiving them, as explained in section 11 of the terms of sale. Customised garments are not subject to the right of withdrawal, but you can cancel the order free of charge until we send you the “Design approved” email (section 10 of the terms of sale), and they are covered by the legal guarantee.
This link opens an email addressed to us. Give your name, the order number or order date, the garments you are withdrawing from and the email address you used to buy, and send it. We will confirm by email, without delay, that we have received it, with the date and time. You can also write to us by WhatsApp on +34 616 261 726, send us a letter or use this model form.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
- To THE BLACK STAIN, S.L. (Camisetas Personalizadas Barcelona), Calle de la Estación, 41, 08792 La Granada (Barcelona), Spain, info@theblackstain.com:
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods: ……………………
- Ordered on/received on (*): ……………………
- Name of consumer(s): ……………………
- Address of consumer(s): ……………………
- Signature of consumer(s) (only if this form is notified on paper)
- Date: ……………………
(*) Delete as appropriate.
Indicative review only; it should be validated by a lawyer or a gestoría (accountancy adviser).