Terms & Conditions

 

1. INFORMATION ABOUT US

  • Bespoke Factory Group, S.L. (hereinafter BFG) is a limited liability company registered and subject to the laws of Spain (Avinguda Jubalcoi 14-A Bajo 1, 03202 Elche (Alicante) Spain, CIF/VAT: B42525303). We operate at the following website: https://backoffice.mtofactory.com
  • BFG has developed an online platform that allows to create custom shoes and sell them worldwide using its website.
  • These Terms and Conditions apply to the use of all our designing and ordering tools by our direct customers. By using our website or services you agree to the applicability of these Terms and Conditions thereto. If the customer does not agree to these, BFG will not be able to offer the customer its products and services.
  • The terms and conditions hereby described are exclusively applicable to the commercial relationship maintained between BFG and its direct customer (hereinafter CUSTOMER). The commercial relationship between the CUSTOMER and any other third party (end customers) is not subject to the present terms and conditions. BFG will not have any liability if a conflict between its CUSTOMER and the above mentioned third parties exists.
  • We reserve the right, from time to time, to change these Terms and Conditions at our sole discretion. The Terms and Conditions in force will be accepted every time a payment is completed.

2. SERVICE

  • BFG shall use commercially reasonable endeavors to make the Services available 24 hours a day, seven days a week, except for:
  • Planned maintenance
  • Unscheduled maintenance caused by force majeure
  • In order to perform certain types of services and orders, it is necessary to pay a monthly subscription that gives access to the use of a control panel and a 3D configurator, where the customer can place orders and track them (Software-as -a-Service). Payment of said subscription, which is made in advance and allows MTO (made to order) orders and other services, is non-refundable. Not having made use of these services during the paid monthly payment, does not imply any reason to refund of the subscription.

3. PAYMENT CONDITIONS

  • Transactions paid through our online payment provider: the CUSTOMER receives payment confirmation when payment details are entered and the ordering process is concluded. Orders are launched to production automatically after the payment is confirmed.
  • Transactions paid through bank transfer: Payment shall be made in EUR and the CUSTOMER shall bear any charges applied by the bank. The amount transferred to our account must be the same as the amount shown on the screen. Order will not begin until our bank confirms that payment has been received. This process may take up to 7 working days.
  • By submitting the payment of an order the CUSTOMER agrees to our Terms and Conditions.
  • To launch an order for production and be able to be shipped, it must be paid in full in advance , unless BFG and the customer agree to another form of payment. In cases where the order exceeds € 1,500, the customer may choose the form of installment payment (AP 50% -BS 50%). Through this form of payment, the order will be launched to production once the client completes the advance payment corresponding to the 50% of the total order. Once the order is finished, the customer must complete the payment of the remaining 50% so that the order can be shipped. In case of not receiving the remaining 50%, BFG may suspend the sending of other orders already completed and paid, as well as withholding all advances received as a guarantee of payment. If within 3 months from the completion of partially paid orders the customer does not complete the amounts due, BFG may dispose of the merchandise manufactured to sell it in any channel it deems appropriate, losing the customer the advance made and not having any right of claim on said merchandise.

4. INVOICING

  • BFG is a Spanish based business. We strictly follow invoicing procedures and guidelines that comply with official SPAIN and EU regulations.
  • All EU based business are required to provide a valid VAT number in order to establish a commercial relationship with BFG. No taxes will be added on our invoices
  • Spanish based business and EU CUSTOMERS that fail to provide a valid VAT number, will be charged with 21% of taxes on all their invoices.
  • Business from other countries outside the EU, will not be charged any taxes on their invoices.

5. REJECTION OF AN ORDER

  • BFG explicitly reserves the right not to accept an order for any reason.
  • BFG also reserves the right to cancel an order in the following situations without being liable for any damage or costs other than repayment of any amount received from you in relation to the cancelled order:
  • Information provided by the CUSTOMER is incorrect
  • The product manufacturing is not feasible due to any reason
  • Payment by the CUSTOMER was not received
  • Due to force majeure

6. CANCELLATIONS

  • BFG may only accept cancellations of orders during the first 24 hours from the date of purchase. The exception to this rule is special orders, which cannot be cancelled.
  • To cancel an order the CUSTOMER should send an e-mail to customerservice@mtofactory.com during the first 24h, and our team will process the request and issue a refund for the full purchase price of the item cancelled.
  • Orders that have been more than 24 hours in production may also be cancelled. However, depending on the production stage the item is at, a cancellation fee to cover for raw material expenses and partial labour work may be applied. This cancellation fee might go up to 100% of the original order total, and will be calculated for each order separately.

7. SHIPPING COSTS

  • Delivery costs will be applied depending on the recipient’s location. Shipping rates may vary based on shipment type and destination. Rates will be automatically calculated at checkout.
  • BFG reserves the right to pass any extra shipping charges or fees charged by our courier after the order has been delivered for any of the following reasons:
  • Wrong or incomplete address / Change of delivery address
  • Remote location delivery
  • Extra delivery attempts
  • Parcel rejected or not delivered after the 3rd attempt
  • Costs arised from the return of any undelivered parcel to our warehouse
  • BFG will provide a tracking number after the parcel is expedited from our warehouse. The CUSTOMER shall be responsible for tracking the package and fulfill any delivery request from the courier.
  • In the event that the parcel could not be delivered by any reason, the courier holds the right to abandon the parcel 10 days after the first unsuccessful attempt. Once a parcel has been abandoned, it will not be possible to recover it by any means. BFG shall not be liable for abandoned parcels.

8. GROUP SHIPPING

  • Bear in mind that CUSTOMER can use our “group shipping / consolidation” feature, with which they will be able to group MTO orders for invoicing and shipping purposes. Group shipping will help in reducing shipping costs per pair.
  • Orders selected to be consolidated will be shipped together. It is understandable that some orders might be completed before others, therefore delivery time will depend on production time needed to complete all the orders being consolidated in a shipping batch. Please, realize that it is not advisable to group many orders together since they will all need to be shipped together. A consolidated group of orders might be delayed if any of the orders contained on it is delayed.
  • If for any reason a CUSTOMER needs the orders of a consolidation to be sent separately, there might be a cancellation/modification fee of up to €30. Furthermore, the CUSTOMER shall bear the adjusted shipping costs corresponding to the new shipments.

9. PRODUCTION

  • All shoes ordered to BFG are custom made specifically for the CUSTOMER.
  • MTO orders are manufactured in approximately 3 to 4 weeks.
  • BULK orders are manufactured in approximately 6 to 8 weeks.
  • In exceptional cases, where more time may be required for production, the CUSTOMER may be contacted.
  • BFG will always aim to deliver orders within its standard production time. However, BFG shall not be liable for any damage or economic loss caused by manufacturing delays or late deliveries. BFG will not incur in any kind of compensation or discount due to the causes above mentioned.

10. TRACKING YOUR ORDER

  • CUSTOMERS are able to track the progress of their shipments with a tracking number which will be emailed once the shoes are shipped from the factory. It will also be possible to trace the order through the backoffice.

11. DELIVERY

  • Delivery time of finished orders will depend on the shipping method selected and the destination country. It may vary from 2 to 5 days unless it is hold at customs for any reason.
  • Damages during transportation may occur. By default, shipments are covered by a standard insurance required by law to the courier Company which may provide a compensation for lost and damaged merchandise. If an additional insurance is desired the CUSTOMER will need to inform BFG in advance.
  • Upon delivery, please inspect the packaging for potential damages. If it appears that the products are damaged, please do not accept the shipment.
  • In the event the parcel has been accepted, if the CUSTOMER wishes to report that it has been damaged during shipment, they will need to contact their local Courier office to file a claim within 24-48 hours upon receipt of the merchandise. After this period, the CUSTOMER will not be entitled to receive any kind of compensation. The CUSTOMER will need to provide the name of the person who collected the parcel as well as a contact telephone number. Please, retain all packaging together with the damaged items, which will be examined to decide whether compensation is granted. CUSTOMER can contact BFG at customerservice@mtofactory.com if any further information is required.

12. CUSTOMS DUTIES, IMPORT TAXES & OTHER FEES

  • Orders are produced and sent from BFG’s factories in Spain. Customs duties may apply in certain regions and would eventually depend on the country’s local customs and tax bureaus of the recipient.
  • BFG shall not be liable for any taxes, duties or custom charges the parcel may incur in. It will be the recipient’s responsibility to be aware of the specific country customs regulations. Any duties or fees arising from the delivery will be born by the recipient.
  • Shipments are made under incoterm DAP when they are managed by BFG, or EXW when they are managed by the CUSTOMER.

13. RETURN POLICY

  • Understandably, each of our MTO orders is produced strictly following the specifications entered, therefore returns are not permitted.
  • BFG guarantees that all items are made substantially in accordance with the specifications selected during the order creation / checkout. Material variations and minor imperfections may occur and shall not be a ground for a return or refund since all shoes sold by BFG are handmade and custom-made for the CUSTOMER.
  • Production issues caused by order comments made at checkout or separate emails shall not be a ground for a return or refund.
  • Fitting issues shall not be a ground for a return or refund.

14. DEFECTIVE MERCHANDISE – REFUND POLICY

  • CUSTOMERS are entitled to return products ONLY under the following circumstances: demonstrable manufacturing issue (defective on origin), or item received not in conformity with the order specifications on file.
  • If a defective product is received, the CUSTOMER will have 10 days upon reception to provide the appropriate evidence through customerservice@mtofactory.com
  • BFG will examine the evidence provided in order to decide if there has been a production issue. In such event, the CUSTOMER will be offered a compensation discount at first instance if they are willing to keep the item. If the CUSTOMER refuses to keep the item, BFG will send a label so the order can be returned for inspection and potential repair. If the order cannot be repaired, BFG will offer the possibility to remake the item or use the amount paid in a new order.
  • In the event a production defect cannot be clearly identified by examining the provided evidence, BFG will send a return label whose cost shall be born by the CUSTOMER. If it is decided that the defect can be attributed to BFG, the shipping cost paid by the CUSTOMER will be refunded. BFG will offer the possibility to remake the item or use the amount paid in a new order.
  • Products must be returned in new condition (no visible wear on the upper or sole of the shoe; no visible creases or stretch marks on belts), and with the original packaging.
  • If any of the above conditions is not met, BFG reserves the right to reject the return, and not apply any of the options above mentioned.

EXCLUSIVITY AND PRIVACY DISCLAIMER

  • Any kind of exclusive material, pattern, shoe design and/or shoe last provided or developed exclusively for a CUSTOMER will remain for their exclusive use.
  • BFG reserves the right to take and use images of any products made with our MTO designing tool, for commercial purposes. With the exception of items manufactured with exclusive materials, which are exclusive of a particular CUSTOMER.

COLOR DISCLAIMER

  • Products in the platform are intended to represent reality as much as possible, both in terms of colour and finish. However, the products may still appear in different tones depending on the screen or monitor used to access our 3D tool configurator. The product design image on our interface has visualization purpose only.
  • The color names and descriptions seen on our website are solely intended for our brand. They do not correspond to other general or universal descriptions used by any other sources or brands.
  • Slight variations in color tone or intensity may eventually occur on any material due to the inherent consequences of leather dyeing. BFG shall not be liable for any tone variation in the color selected appearing on the products.

FORCE MAJEURE

  • BFG shall have no liability to the CUSTOMER in the event of being prevented from or delayed in performing the obligations contained in these Terms and Conditions by any act, event, omission or accident beyond its reasonable control, including, without being limited to, strikes, lock-outs or other industrial disputes (whether involving the workforce of BFG or any other party), failure of a utility service or transport or telecommunications network, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the CUSTOMER is notified of such event and its expected duration.

GOVERNING LAW AND JURISDICTION

  • These Terms and Conditions and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Spain.
  • The parties irrevocably agree that the courts of Spain have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).