1. INFORMATION ABOUT US
THE OWNERSHIP OF THIS WEBSITE AND ITS COMMERCIAL MANAGEMENT BELONGS TO JAVIER VELARDE S.L., NIF B09792326.
2. OBLIGATIONS OF THE BUYER
BY PLACING AN ORDER THROUGH OUR WEBSITE, YOU WARRANT THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS AND THAT YOU ARE AT LEAST 18 YEARS OF AGE.
3. HOW THE CONTRACT IS FORMED BETWEEN US
3.1. AFTER PLACING AN ORDER, AND HAVING PROCEEDED WITH YOUR PAYMENT, YOU WILL RECEIVE AN EMAIL FROM US STATING THAT WE HAVE RECEIVED YOUR ORDER. THIS CONSTITUTES A REQUEST TO US TO PURCHASE PRODUCTS. PLEASE NOTE THAT THIS DOES NOT MEAN THAT YOUR ORDER HAS BEEN ACCEPTED. ALL ORDERS ARE SUBJECT TO ACCEPTANCE BY US AND WE WILL CONFIRM YOUR ACCEPTANCE BY SENDING YOU AN EMAIL THAT THE GOODS HAVE BEEN DISPATCHED (THE DISPATCH CONFIRMATION). THE CONTRACT BETWEEN US WILL ONLY BE FORMED WHEN WE SEND YOU CONFIRMATION OF DISPATCH.
3.2. THE CONTRACT WILL RELATE ONLY TO THOSE GOODS WHOSE DISPATCH WE HAVE CONFIRMED IN THE DISPATCH CONFIRMATION.
4. HOW TO RETURN YOUR PURCHASE
4.1. YOU MAY CANCEL A CONTRACT AT ANY TIME WITHIN FOURTEEN CALENDAR DAYS FROM THE DAY AFTER YOU RECEIVE THE GOODS. IN THIS CASE, YOU WILL RECEIVE A REFUND OF THE PRICE PAID FOR THE PRODUCTS IN ACCORDANCE WITH OUR REFUND POLICY (DETAILED BELOW IN CLAUSE 7).
4.2. TO CANCEL A CONTRACT, YOU MUST INFORM US IN WRITING OF YOUR INTENTION TO RETURN THE GOODS TO INFO@JAVIERVELARDE.COM. FAILURE TO INFORM US IN WRITING OF YOUR INTENTION TO RETURN THE GOODS PRIOR TO DISPATCH MAY RESULT IN A DELAY IN PROCESSING UNDER CLAUSE 7.
4.3. WHEN WE RECEIVE NOTIFICATION OF YOUR INTENTION TO RETURN THE PRODUCTS, WE WILL CONTACT YOU TO INFORM YOU OF HOW TO PROCEED WITH YOUR RETURN.
4.4. YOU MUST RETURN THE PRODUCTS IN THE SAME CONDITION IN WHICH YOU RECEIVED THEM, AT YOUR OWN COST. RETURNED PRODUCTS MUST BE IN THEIR ORIGINAL PACKAGING, IN ORIGINAL, UNUSED AND RESALABLE CONDITION, AND MUST BE ACCOMPANIED BY DETAILS OF THE RELEVANT ORDER.
5. AVAILABILITY AND DELIVERY
5.1. Availability of products. All product orders are subject to product availability. We reserve the right to withdraw any product from this website at any time and/or to remove or amend any material or content on this website. However, at present, all orders may be shipped upon confirmation of order, and we reserve the right to do so at any time, at our discretion. We may remove any product from this Website, whether or not such product has been sold, and modify any material or content on the Website.
5.2. Delivery. Your order will be fulfilled on the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, within a reasonable time from the date of the Dispatch Confirmation, unless there are exceptional circumstances. Notwithstanding the above clause and unless there are extraordinary circumstances, we will endeavour to dispatch the order indicated in the Dispatch Confirmation or, if no delivery date is specified, within 15 days from the date of the Dispatch Confirmation. The possible delay may be due to the following reasons: product customisation, speciality items, delivery area, unforeseen circumstances or circumstances related to the contracted carrier.
In order to meet the delivery, you will be given the option to go ahead with a new delivery date or to cancel the order, with a full refund of the price paid. For the purposes of these Conditions, delivery shall be deemed to have taken place or the product(s) to have been delivered at the moment that receipt of the product(s) at the delivery address indicated is confirmed by the contracted transport company.
6. PRICE AND PAYMENT
6.1. The price of any Product shall be the price shown on our website, except in cases of error.
6.2. These prices include Value Added Tax (VAT) but exclude delivery costs, which will be added to the total amount due.
6.3. Prices are subject to change at any time, but changes will not affect orders for which we have already sent a Dispatch Confirmation.
6.4. Despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally check prices as part of our shipping procedures so that, where the correct price of the Products is lower than the stated price, we will charge the lower amount when we send the Products to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before shipping the Goods, or reject your order and notify you of such rejection.
6.5. We are under no obligation to supply the Products to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and may have been recognised by you as a pricing error.
6.6. Payment for all goods must be made by Paypal or credit or debit card, prior to dispatch of the order.
7. REFUNDS POLICY
7.1. Upon cancellation of the Contract between us within the fourteen day cooling off period (see clause 4.1), we will process the refund due to you as soon as possible and in any event within 30 days of receipt of the returned Goods. In this case, we will refund you the price of the Goods less the original shipping costs.
7.2. For any other reason (for example, because you have notified us in accordance with clause 15 that you do not agree with any change to these terms and conditions, or because you claim that the Goods are faulty), we will examine the returned Goods and notify you of your refund by email within a reasonable period of time. We will generally process the refund due as soon as possible and in any event within 30 days of the date on which we confirm to you by email that you are entitled to a refund for the faulty Goods. Goods returned by you because of a defect or because we have made a mistake with your order will be refunded in full, together with the delivery charges.
7.3. We will generally refund the money received using the same method originally used to pay for your purchase.
8. OUR LIABILITY
8.1. We warrant to you that all Products you purchase from us through our website are of satisfactory quality and reasonably fit for all purposes for which Products of this type are commonly supplied.
8.2. Subject to clause 9.5, our liability for any loss you suffer as a result of a breach of this agreement, including wilful breaches or any loss which is a foreseeable consequence of a breach of the agreement, is strictly limited to the purchase price of the Goods which were purchased.
8.3. Subject to clause 8.5, we are not liable for indirect losses occurring due to a secondary effect or damage caused by third parties, including but not limited to delays or damage caused by the company responsible for the shipments.
8.4. Nothing in these terms and conditions shall in any way exclude or limit our liability:
8.4.1. for personal injury caused by our negligence; 8.4.2. for fraud;
8.4.2. For fraud or fraudulent misrepresentation; or 8.4.3.
8.4.3. For any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
9. IMPORT DUTIES
9.1. If you order products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your customs office for more information before placing an order.
9.2. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We shall not be liable for any failure by you to comply with such laws.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you must be in writing or by email. By using our website, you agree that communication with us will be primarily electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to these electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with applicable legal requirements.
11. EVENTS BEYOND OUR CONTROL
11.1. We reserve the right to defer the date of delivery or cancel the Contract (without liability to you) if we are prevented or delayed in continuing our business due to a force majeure event, provided that, if the event in question continues for a period of more than 60 days, you shall be entitled to give us written notice to terminate the Contract.
11.2. Our performance under any Contract shall be deemed to be suspended for the period during which a Force Majeure Event continues and we shall have an extension of time for your performance for the duration of that event. We will use all reasonable endeavours to find a solution whereby our obligations under the Contract can be fulfilled despite the Force Majeure Event.
12. ENTIRE AGREEMENT
These terms and conditions, and any other documents expressly referred to in them, represent the entire agreement between us and supersede any previous agreements between us, whether oral or in writing. For further information please read our Terms and Conditions, which are included on this page.
13. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with Spanish law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Spain.
14. DATA PROTECTION
You agree that we may use the personal information you have provided to us to carry out our obligations under the Contract and, where necessary, appropriate anti-fraud checks. The personal information you provide to us will not be disclosed to third parties. It may, however, be given to a credit reference or fraud prevention agency, which may keep a record of that information. For further information please see our Privacy Policy.
CONDITIONS
1. Introduction
This document contains the Terms and Conditions governing the use of this website. These terms and conditions relate to the rights and obligations of all users in relation to the products or services we offer through this website or any other website we may link to.
By using this website or placing an order through this website, we consider that you will be bound by these terms and conditions and by our privacy statement, so if you do not agree to all of the terms and conditions and the privacy statement, you should not place an order. These terms and conditions are subject to change and should be read before placing each order.
2. Use of our website
You agree that:
2.1. You may only use this website to learn about our products or services, make enquiries or place legally valid orders.
2.2. You may not place any false or fraudulent order. If we have reasonable grounds to believe that you have placed such an order we will treat it as void.
2.3. You are also required to provide us with your personal details, email address, postal address and/or other contact details and consent that we may use that information to contact you if necessary (see our Privacy Statement). If you do not provide us with the information we require, we will not be able to process your order.
3. How the Contract is concluded
This information and the details on this website is an invitation to do business. No contract exists between us if you have not yet made an offer to purchase. To place an order, you must follow the online payment procedure via Paypal. In this case, you will be sent an email confirming receipt of your order (“Order Confirmation”). 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 (the “Contract”) will be formed when the Dispatch Confirmation is sent. You will be bound by the Contract for the products referred to in the Dispatch Confirmation. We shall not be obliged to supply you with any other products which may have been the subject of your order until we confirm the dispatch of those products to you in a separate Dispatch Confirmation.
4. Liability and disclaimer of liability
Our liability in relation to any Product purchased on our website shall be strictly limited to the purchase price of such Product. Nothing in these Conditions of Purchase excludes or limits our liability in any way:
1. In the case of personal injury caused by our negligence;
2. In the case of fraud or fraudulent misrepresentation; or
3. In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Terms, we will not accept any liability for consequential damages arising as a secondary effect of the principal loss or damage, whether arising in any way, or whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
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 information transmitted or obtained through this website unless expressly stated otherwise on this website. All product descriptions, information and materials on this website are provided “as is” and without warranties expressed, implied or otherwise. To the fullest extent permitted by law, we exclude all warranties, except those which cannot be lawfully enforced against consumers. Nothing in this clause shall affect your statutory rights as a consumer or your right to withdraw from the Contract.
5. Intellectual Property
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of this website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorised by us. This does not prevent you from using this website to the extent necessary to copy information about your order or Contact details.
6. 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 will be electronic. We will contact you primarily by e-mail. For contractual purposes, you consent to use this electronic means of communication and you acknowledge that any contracts, notices, information and other communications that we send to you electronically comply with legal requirements. This condition will not affect your statutory rights.
7. Assignment of rights and obligations
The Contract between us is binding on both parties. You may not transfer, assign, encumber or otherwise transfer a Contract or any of your rights or obligations under it without our prior written consent. We may convey, assign, charge, encumber, sub-contract or otherwise transfer a Contract or any of our rights or obligations under it to or for us at any time during the term of the Contract. For the avoidance of doubt, any such assignment, transfer, assignment, encumbrance or other transfer will not affect your statutory rights as a consumer or void, reduce or otherwise limit any express or implied warranties we may have given to you.
8. Waiver
If, during the term of an Agreement, we fail to insist upon strict performance of any of our obligations under the Agreement or any of these Terms, or if we fail to exercise any right or remedy which we are entitled to exercise or enforce under the Agreement or these Terms, such failure shall not constitute a waiver of such right or remedy or relieve you from compliance with such obligations. Any waiver by us to require performance shall not constitute a waiver by us to require subsequent performance. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and communicated to you in writing in accordance with the notices above.
9. Our right to change these terms and conditions
We have the right to revise and amend these Terms at any time. You will be bound by the policies and terms in effect at the time you place each order, unless we are required by law or governmental action to make changes to such policies, terms or privacy statement, in which case any such changes will also affect orders previously placed.
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