This document (together with the documents mentioned therein) establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Conditions").
Please read carefully the Conditions before using this website. By using this website or placing an order through it, you consent to be bound by these Conditions, so if you do not agree with all Conditions, you should not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or the conclusion of the Contract (as it is defined below) will be those that apply to you.
2. OUR DATA
This website is operated under the name FETICHE SUANCES by LOVE PINK S.L.U, with address Plaza de Viares 3, 39340 Suances (Cantabria) and CIF B39810924.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
a) Make use of this website only to make queries or legally valid orders.
b) Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.
c) Provide us with your email address, postal address and / or other contact information in a truthful and accurate manner. As well, you agree that we may use this information to contact you (if necessary, see our Privacy Statement).
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.
5. CELEBRATION OF THE CONTRACT
The information contained in these Conditions and the details contained in this web page do not constitute an offer of sale, but rather an invitation to contract. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount will be refunded in full.
To place an order, you must follow the online purchase procedure and click on "Payment by card". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). From there we will manage the order and proceed to its shipment. The contract for the purchase of a product between you and us (the "Contract") will be formalized only when we send you the Shipping Confirmation.
Only those products related to the Order Confirmation will be the object of the Contract. We will not be obliged to supply you with any product that may have been the subject of an order until we confirm the order.
6. AVAILABILITY OF THE PRODUCTS
All orders of the products are subject to their availability.
7. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content thereof. Although we will do everything possible to process all orders always, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, so we reserve the right to do so at any time, to our sole discretion.
We will not be liable to you or to any third party for the fact of removing any product from this website, regardless of whether said product has been sold or not, remove or modify any material or content of the website, or for denying us to process an order once we have sent the Order Confirmation.
Notwithstanding the provisions of Clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the related product/s mentioned in each Shipment Confirmation before the delivery date shown in the Confirmation of Shipment, if no date of delivery was specified, within 15 days from the date of the Confirmation of Shipment.
However, delays may occur for any of the following reasons:
- personalization of the products;
- specialized articles;
- unforeseen circumstances;
- delivery area;
If for some reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with the purchase by establishing a new delivery date.
For the purposes of these Conditions, it will be understood that the "delivery" has taken place or that the order has been delivered at the time of signing the receipt thereof at the mentioned delivery address.
9. IMPOSSIBILITY OF DELIVERY
If after two attempts to deliver your order it results impossible, we will try to find a safe place to leave it. Also, we will leave you a note indicating where your order is and how you could to collect it.
If after expire of 15 days your order which was available to be delivered, has not been delivered for reasons not attributable to us, we will understand that you want to cancel the Contract and we will consider it resolved. As a result of the termination of the Contract, you will be given a credit note for the amount of the purchase you paid, which does not have an expiration date, within a maximum period of 30 days from the date on which we consider the Contract was terminated. In these cases, we will be authorized to charge the shipping costs of the order and of the termination of the Contract.
10. TRANSMISSION OF RISK AND PROPERTY OF PRODUCTS
The risks of the products will be at your charge from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all quantity related with them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this took place at later time.
11. PRICE AND PAYMENT
The price of each product will be that, which is stipulated in each moment on our website, except in case of manifest error. Although we try to make sure that all prices listed on the website are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order according the correct price or cancel it. If we can not contact you, the order will be considered canceled and we will refund you the full amount that have paid.
We will not be obliged to supply you with any product at the wrong lower price (even if we have sent you the Confirmation of Shipment) if the error in the price is obvious and unambiguous and could reasonably have been recognized by you as an incorrect price.
The prices on this website include VAT, but exclude shipping costs, which will be added at the end of the order before its confirmation.
Prices may change at any time, but (except as stated above) the possible changes will not affect the orders to which we have already sent a Confirmation of Shipment.
Once you have made your purchases, all the items you want to buy will have been added to your cart and the next step will be to process the order and make the payment. To do it:
-Click on the "Shopping Cart" button at the top of the page.
-Click on the "View Cart" button.
- Click on the "Process Order" button.
-Fill in or check the contact information, the details of your order, the address to which you want the order to be sent and the address to which the invoice will be sent.
-Enter your credit card information.
-Click on "Authorize Payment"
You can make the payment with Visa, Mastercard and PayPal. To minimize the risk of unauthorized access, your credit card information will be encrypted. Once we receive your order, we will make a pre-authorization of your credit card to ensure there are sufficient funds to complete the transaction. The amount will be charged from your card at the time your order leaves our stores.
By clicking "Authorize Payment" you confirm that the credit card belongs to you.
Credit cards will be subjects to check and authorization by the issuer of the same, but if said entity does not authorize payment, we will not be responsible for any delay or failure of delivery and we can not formalize any Contract with you.
12. VALUE ADDED TAX
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located on the territory of application of the Spanish VAT if the delivery address is on the Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be legally valid one at all times depending on the definite itemof what is said about.
In the orders with destination to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with current regulations on each of these territories.
13. CHANGE / RETURN POLICY
1. Legal right to desist from the purchase
In accordance with the applicable regulations, you as a consumer may withdraw from the Contract (except when the object thereof is any of the products related to which the right of withdrawal is excluded, that is mentioned in Clause 14.3 below) at any time within 15 working days from the date of delivery of your order.
In no case, we refund the price paid for the items, but you will be offered the possibility of exchange them for other items or for a credit note for the amount of the purchase made by you, this credit note has no expiration date. You will be charged the direct return shipping costs of the product if you do not make the direct return in the store mentioned in Clause 14.3 below.
You can accredit the act of the right of withdrawal in any way admitted by law, considering in any case validly realised this right by sending the withdrawal document that we provide or by returning the products.
This provision does not affect other rights of the consumer recognized by current legislation.
2. Right of withdrawal.
In addition to the right of consumers and users of withdrawal legally recognized and mentioned in Clause 14.1 above, we grant you a period of 15 days from the date of the Confirmation of Shipment to make returns of products (except those mentioned in Clause 14.3 below, related to which the right of withdrawal is excluded).
In this case, you will be given a credit not for the amount of the purchase made without an expiration date limit. You will be charged the direct return shipping costs of the product if you do not make the direct return in the store mentioned in Clause 14.3 below.
You must realize your right of withdrawal by sending the withdrawal document that we provide or by returning the products.
3. Common regulations
Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them. Please return the item using or including its original packaging. It should also be include all instructions, documents and packaging of the products. In any case, together with the product you want to return you must bring the ticket you received at the time of receiving of the purchased product. No refund will be made if the product has been used or if it has suffered any damage, so you should be careful with the products while they are in your possession.
You will find a summary of the exercise of this right of withdrawal when you receive the Confirmation of Shipment.
- Returns in store.
You can return the products to our store FETICHE SUANCES situated on Plaza de Viares No. 3, Suances (39340) Cantabria, Spain. In this case, you should go to the store and bring together with the item the document of the return (hereinafter "ticket") that you received on the time of delivery of the product duly completed.
- Returns by Courier / Courier
Unless you decide to return items in the store, you will be responsible for payment of returning costs. Please note, that if you decide to return the items to us, we will be authorized to charge you the expenses that may occure.
After examining the item we will let you know if you have the right to change it as soon as possible for a new item or a credit note for the amount of the purchase made without an expiration date will be send you within 15 days from the date the change was approved.
If you have any question, you can contact us through our contact form or by calling 942 844609.
- Returns in the Canary Islands, Ceuta and Melilla
If it is not possible to do so, you must contact us by phone number 942844609. Returns that come from these areas will be made through the Post Office service of Spain.
- Returns of defective items
In cases you believe that at the time of delivery the product does not comply with the provisions of the Contract, you should contact us immediately by our contact form providing the features of the product as well as the damage that suffers, or by calling the phone number 942844609 and we will indicate you the way to proceed.
The product can be returned in our store FETICHE SUANCES, Plaza de Viares 3, 39340 Suances, Spain or sending it by a courier service or the Post office.
We will proceed to examine carefully the returned product and we will notify you by e-mail, within a reasonable time, if the CHANGE or substitution of the sameyou’re your case) is applicable. CHANGE or replacement of the article will be made as soon as possible and, in any case, within 15 days from the date on which we send you an email confirming that the return or replacement of the non-conforming item is appropriate.
The rights recognized by current legislation are safe.
14. RESPONSIBILITY AND EXEMPTION OF RESPONSIBILITY
Except as expressly provided in otherwise manner in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
-In case of death or personal injury caused by our negligence;
-In case of fraud or fraudulent falsehood
-In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the provisions of the foregoing paragraph and as far legally is permitted, and unless otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their origin:
- Losses of income or sales;
- Loss of business;
- Loss of profits or loss of contracts;
- Loss of expected savings;
- Data loss;
-Loss of management time or office time-table.
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 the information transmitted or obtained through this website unless it is established expressly the opposite in it.
All descriptions of products, information and materials that appear on this website are provided as a true body and without implied or expressed warranties on them.
To the extent permitted by law, we exclude before consumers and users all warranties, except those that can not be legitimately excluded.
The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.
15. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, registered trademark and other intellectual property rights over the materials or content provided as part of the website correspond to us at all times or to those who granted us a license for its use. You may use material only in the form in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website in a necessary form to copy information about your order or contact information.
16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful. You will not try to have unauthorized access to this website, to the server on which said website is hosted or to any server, computer or database related to our website. You agreed not to attack this website with an attack of denial of service or an attack of denial of distributed service.
Failure to comply with this clause could entail the commission of infractions typified by the applicable regulations. We will report any break of this regulation to the competent authorities and wil cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be autorized to use this website.
We will not be responsible for any damage or loss caused as a result of an attack of denial of service, virus or any other program or material that is technologically damaging or harmful to your computer, computer equipment, data or materials as a result of using this website or in a result of download of contents from the same or from those websites on which it redirects.
17. LINKS FROM OUR WEBSITE
In case that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without any our control over the content of these websites or materials. Therefore, we accept no responsibility for any damage or loss causing by use of them.
18. WRITTEN COMMUNICATION
The applicable regulations require that part of the information or communication that we send to you must be in written. By using this website, you agree that most of those communications with us will be in electronic form. We will contact you by email or we will provide you with information by posting notifications on this website. For contractual purposes, you consent to use this electronic resource of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in written form. This condition will not affect your rights recognized by law.
The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 19 above and unless otherwise stipulated, we may send you messanges either to e-mail or to the postal address provided by you while placing an order.
It will be understood that notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after sending an email, or three days after the date of postage of 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 sealed and that it was duly delivered to the post office or to a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract is binding both for you and for us, as well as for our respective successors, assignees.
You cannot transfer, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor without having obtained our prior written consent.
We can transfer, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in our favor at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights recognized by law you have as a consumer or will annul, will reduce or limit in any other way the guarantees, both express and implied, that we could have granted.
21. EVENTS OUTSIDE OF OUR CONTROL
We will not be liable for any failure or delay in fulfilling any of our obligations under a contract whose cause lead to the origine beyond our reasonable control ( "Force Majeure").
Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or war preparations.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.
It is understood that our obligations under the Contract shall be suspended during the period that the Force Majeure Event continues, and we will have an extension in the deadline to comply with these obligations for a period of time equal to the duration of the Force Majeure. We will use all reasonable means to end the Cause of Force Majeure or to find out a solution that allows us to fulfill our obligations under the Contract despite the Cause of Force Majeure.
The lack of requirement from our part to comply strictly any of the obligations assumed by you under a Contract or of presen Conditions or the lack of exercise from our part of the rights or actions of said Contract or the Conditions that could correspond to us, shall not imply any resignation or limitation in relation to said rights or actions nor shall exempt you from complying with such obligations.
No resignation of a right or concrete action from our part will imply a resignation of other rights or actions derived from the Contract or the Conditions.
No resignation of any of these Conditions or rights or actions derived from the Contract commited by us shall take effect, unless it is expressly stated that it is a resignation and formalized and communicated to you in written in accordance with the provisions of the Notification section above.
23. PARTIAL NULLITY
If any of these Conditions or any provision of a Contract were declared null and void by a final decision by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
24. COMPLETE AGREEMENT
These Conditions and all document expressly referred to constitute in them the agreement between you and us in relation to the object of the Contract and supersede any other agreement or previous promise verbally or written agreed between you and us.
You and we acknowledge having consented to the execution of the Contract without having relied on any statement or promise made by the other part or that could be inferred from any statement or written declaration in the negotiations conducted by two before said Contract, except that which is expressly mentioned in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless that fraudulent statement was made in uncertain way) and the only action available to the another part will be for breach of contract in accordance with the provisions of these Conditions.
25. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you use this website or make each order, unless by law or decision of government agencies we should make changes retroactively in those policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that you had previously made.
26. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and contracts of product purchase through said website will be governed by Spanish legislation.
Any controversy that arises or relates to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are hiring as a consumer, nothing in this clause will affect your rights that are recognized by current legislation.
27. COMMENTS AND SUGGESTIONS
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form.
In addition, we have official claim sheets available to consumers and users. You can request them by calling 942844609 or through our contact form.
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