Conditions of purchase
- Using our website
These Terms are the only conditions applicable to the use of this website and supersede any other, except with the prior express written consent of the Seller. These Terms are important to both you and us as they have been designed to create a legally binding agreement between us, protecting your rights as a customer and our rights as a company. You represent that, by placing your order, you have read and accept without reservation these Terms.
You agree that:
- You may only use the website to make legally valid inquiries or orders.
- You may not place any speculative, false or fraudulent orders. If we have reasonable grounds to consider such an order to have been made, we will be authorized to cancel it and inform the relevant authorities.
- If you do not provide us with all the information we need, we will not be able to place your order.
By placing an order through this website, you warrant to us that you are over 18 years of age and have the legal capacity to enter into binding contracts.
- Service availability
Items offered through this website will only be available in the destinations detailed in the Shipping and Returns section.
- How the contract is formalized
The present information and the details contained on this website do not constitute an offer of sale, but an invitation to do business. There will be no contract between You and us in connection with any product until your order has been expressly accepted by us. If your offer is not accepted and you have already been charged to your account, the amount of your offer will be refunded in full.
To place an order, you must follow the online purchase procedure and click "Authorize payment". After that, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as it constitutes an offer that you make to us to purchase one or more products. All orders are subject to our acceptance and we will confirm such acceptance by sending you an email confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between us (Contract) will be formalized and accepted only when we send you the Shipping Confirmation.
Only those products related to the Shipping Confirmation will be subject to the Contract. We will not be obliged to supply you with any other products that may have been ordered until we confirm the shipment of the same in a separate Shipping Confirmation.
- Product availability
All orders for products are subject to the availability of products and, in this sense, if there are difficulties in their supply, or if there are no items left in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you may order. If you do not wish to place an order for these replacement products, we will refund any amount you may have paid.
- Refusal to process an order
We reserve the right to remove any product from this website at any time and/or to remove or modify any material or content from this website. While we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse the processing of an order after we have submitted the Order Confirmation, and we reserve the right to do so at any time, in our sole discretion.
We will not be liable to You or any third party for removing any product from this website, regardless of whether or not such product has been sold, remove or modify any material or content from the website, or for refusing to process an order once we have sent you the Order Confirmation.
- Right to give up purchase
If you are hiring as a consumer, you may withdraw from the Contract at any time within 14 calendar days of receipt of the item. In this case, the money will be refunded for such products in accordance with our Return Policy. The costs incurred by the return of the product arising from withdrawal, will be borne by us.
Your right to withdraw from the Contract shall apply exclusively to products returned under the same conditions in which you received them. You must also include all instructions, documents, promotional products and product wrappers. No refund will be made if the product has been used or has suffered any damage, so be careful with the product(s) while in possession.
Please treat the products with reasonable care while they are in your possession and store the original boxes and wrappers for the return case. No refund will be made if the product is not returned in the original box with the same content with which it was shipped.
This provision does not affect the rights recognized to the consumer by current legislation.
Unless extraordinary circumstances occur, we will attempt to ship the order of the related product(s) on the Shipping Confirmation before the delivery date set out in the Shipping Policy or, if no delivery date is specified, within 5 business days from the date of the Shipment Confirmation.
The delay may be due to the following reasons:
- Unforeseen circumstances; Or
- Delivery area;
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with the full refund of the price paid. Please note in any case that we do not make deliveries on Saturdays or Sundays.
For the purposes of these Terms, it shall be understood that the "delivery" has occurred or that the product(s) have been "delivered" at the time of signing the receipt of the same at the agreed delivery address.
- Impossibility of delivery
If it is impossible for us after two attempts, to make the delivery, we will contact you through the email you have provided us in order to manage the delivery. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day via email email@example.com
- Transmission of risk and property
The risks of the Products will be at your expense from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery (as defined in clause 7), if this takes place at a later time.
- Price and payment
The price of the products will be the one stipulated at all times on our website, except in case of manifest error. Although we try to make sure that all prices listed on the page are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be deemed cancelled and you will be refunded in full for any amounts that have been paid.
We will not be obliged to supply you with the product(s) at the wrong lower price (even if we have sent you the Shipping Confirmation) if the error in the price is obvious and unequivocal and could reasonably have been recognized by You as the incorrect price.
The prices of the website include the relevant taxes, but exclude shipping costs, which will be added to the total amount due as set out on our Shipping and Returns page.
Faraneo S.L. is not responsible for other expenses charged to it by the courier company.
Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a Shipping Confirmation.
Once you have made your purchases, all the items you wish to purchase will have been added to your cart and the next step will be to process the order and make the payment. To do so:
- Click the "Shopping Cart" icon at the top of the page.
- Click the "Finish Purchase" button.
- Fill in or verify the contact information, your order details, the address to which you want the order to be sent to you, and the address to which the invoice will be sent.
- Click the "Finish Purchase" button.
- Enter your credit card or Paypal account details.
- Click "Authorize Payment".
You can make the payment with Visa, Mastercard and PayPal cards. To minimize the risk of unauthorized access, your credit card details will be encrypted.
If your payment method is Paypal, the charge will be made at the time we confirm the order.
By clicking "Authorize Payment" You are confirming that the credit card is yours.
Credit cards will be subject to checks and authorizations by the issuing entity, but if such entity does not authorize payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any Contract with You.
- Return policy
Returns in exercise of the right to withdraw from the purchase.
General policy: If you wish to withdraw from the Contract within the period set out in clause 6 above, you can return the goods to us by courier. To do this, you must send us an email to firstname.lastname@example.org with the withdrawal and we will contact the courier company to collect the package.
If you have any questions, you can contact us via email email@example.com
Please note that to accept the return it is essential to send the item including its original packaging in addition to the instructions, documentation and packaging that may accompany it.
After examining the item we will inform you if you are entitled to a refund of the amount corresponding to the returned products. Such refund will be made as soon as possible and, in any case, within 30 days from the date the product is received at our facilities.
The shipping costs paid by the customer in the purchase will not be in any case refundable, as it is a service already enjoyed.
Products that are not in the same condition in which they were received, or that have been used beyond the mere opening of the product, will not be returned.
Returns of defective products
In cases where You believe that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately through our contact email firstname.lastname@example.org providing the product details as well as a description of the damage you are suffering and we will tell you how to proceed.
We will carefully examine the returned product and notify you by email, within a reasonable time, whether the return or replacement of the same (if any). The return or replacement of the item will be made as soon as possible and, in any case, within 30 days from the date on which we send you an email confirming that the return or replacement of the non-compliant item is necessary.
The amounts paid for those products that are returned due to some tare or defect, when it actually exists, will be refunded in full, including the delivery costs incurred to deliver the item as well as the expenses generated by the return of the defective product. The refund will be made on the same payment method that was used to pay for the purchase.
The rights recognized by current legislation are safe.
11.1 Return address
Domestic returns within the Peninsular Territory, Balearic Islands, Ceuta and Melilla, will be returned to the address:
- Liability and disclaimer
Our liability in relation to any Product purchased on our website will be strictly limited to the purchase price of such Product.
Nothing in these Terms of Purchase excludes or in any way limits our liability:
- In the event of death or personal injury caused by our negligence;
- In case of fraud or falsity; Or
- In any matter where it is illegal or unlawful that we exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the provisions of the preceding paragraph and to the extent permitted by law, and unless otherwise provided in these Terms, we will not accept any liability for indirect damages averted as a side effect of the main loss or damage, occurring in any way, and whether caused by civil wrongdoing (including negligence), breach of contract or others, even if they could have been provided, including without limitation the following:
- loss of revenue or sales;
- loss of business;
- loss of profits or loss of contracts
- loss of expected savings;
- data loss; And
- wasted management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise in it.
All product descriptions, information and materials on this website are provided "as is" and without express, implied or otherwise derived warranties.
To the extent permitted by law, we exclude all warranties by leaving safe those warranties that cannot be legitimately excluded from consumers.
The provisions of this clause shall not affect your statutory rights as a consumer, nor your right to withdraw from the Contract.
- Intellectual property
You acknowledge and agree that all copyright, trademark and other intellectual property rights in the materials or content provided as part of the website are at all times ours or who licensed us to use them. You may use such material only in the manner expressly authorized by us or who licensed us to use it. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.
- Written communications
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most communications with us are electronic. We will contact you by email or provide you with information by hanging notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that any contract, notice, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition will not affect your statutory rights.
We may send you communications either to the email or to the postal address provided by you when placing an order.
Notifications shall be deemed to have been received and correctly made 24 hours after an email has been sent, or three days after the postage date 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, it was properly sealed and that it was duly delivered in post or in a mailbox and, in the case of an email, that it was sent to the email address specified by the receiver.
- Assignment of rights and obligations
The Agreement between You and Us is binding on both You and Us, as well as our respective successors, assigns and successors.
You may not transmit, assign, tax or otherwise transfer a Contract or any of the rights or obligations arising therefrom to you or to you, without obtaining our prior written consent.
We may transmit, assign, tax, subcontract or otherwise transfer a Contract or any of the rights or obligations arising therefrom to our behalf or to us, at any time during the term of the Agreement. For the avoidance of doubt, such transmissions, assignments, levies or other transfers will not affect the rights you have as consumers recognized by law or will nullify, reduce or otherwise limit the express warranties as unspoken, which we could have bestowed upon them.
- Events beyond our control
We will not be liable for any failure or delay in fulfilling any of our obligations under a Contract, the cause of which is due to events beyond our reasonable control ("Force Majeure Cause").
Force Majeure Causes shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and shall include special (without limitation) the following:
- Strikes, lockouts or other claiming measures.
- Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Impossibility to use trains, boats, aircraft, motor transport or other means of transport, public or private.
- Impossibility to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of other governments.
- Strike, failure or accident stake of maritime or river transport, postal or any other type of transport.
Our obligation to comply under any Contract shall be deemed to be suspended for the period in which the Force Majeure Cause continues, and we will have an extension within the period to fulfil our obligation for the duration of such period. We will use all reasonable means to terminate the Force Majeure Cause or to find a solution by which we can fulfill our obligations under the Contract despite the Force Majeure Cause.
If during the term of a Contract, we stop insisting on strict compliance with any of the obligations assumed under it or any of these Terms, or if we stop exercising any of the rights or remedies we may be You may exercise or bring under such Agreement or these Terms, such fact shall not constitute a waiver of such rights or remedies or relieve You of such obligations.
Any waivers we make to enforce compliance shall not constitute a waiver by us of subsequent compliance.
No waiver by us of any of these Terms shall take effect unless expressly provided that it is a waiver and is communicated to You in writing in accordance with the provisions of the Notices section above.
If any of these Terms or any provision of a Contract is held to be invalid, illegal or unenforceable to any extent by the competent authority, they shall be separated from the remaining conditions and provisions that will remain valid in the to the extent permitted by law.
- Integrity of the contract
These Terms and any documents expressly referred to herein constitute the entire agreement between You and us with respect to the subject matter of the Agreement and supersede any prior agreements, agreements or promises agreed between you and us. You and us verbally or in writing.
You and we acknowledge that you have agreed to enter into this Agreement without receitinoring any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two prior to such Contract, except as expressly mentioned in these Terms.
Neither You nor We will have any appeals against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such uncertain statement has been made fraudulently) and the sole recourse of which the other party will provide will be for breach of contract in accordance with these Terms.
- Our right to change these terms
We have the right to revise and modify these Terms at any time.
You will be subject to the policies and Conditions in effect at the time you place each order, unless by law or decision of government agencies we must make changes to such policies, Terms or Privacy Statement, in which case, any possible changes will also affect orders that you had previously placed.
- Applicable law and jurisdiction
Contracts for the purchase of products through our site will be governed by Spanish law.
Any dispute arising out of or relating to such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect the rights recognized by applicable law as such.