General Conditions of Sale and Use (20/09/2010)
1 – Purpose and ownership of the website
The Internet location of www.fundashop.es is run by the company CADEMADRID, S.L. with business address in C/ Monasterio de las Huelgas nº 15, assigned the TIN B-82223231, set up for an indefinite period of time by means of the deed executed in the presence of the Notary public of Madrid Mr. Antonio Francés y de Mateo, on the 7th of January, 1999, under number 26 of his records, and registered in the Companies Register of Madrid in the general volume 13845, page 184, book 0, sheet M-226450, entry 1.
The General Conditions of Sale and use have been drawn up to define the conditions in which the products supplied by Cademadrid, S.L. are sold in fundashop.es. Anyone who accesses the website and shops online is assumed to have accepted these conditions of use. The general conditions of sale are written in Spanish. Fundashop.es is entitled to modify them. Therefore please keep up-to-date with the new general conditions of sale that are in force.
2 – Information about the products
The company Cademadrid, S.L. displays its products in fundashop.es, with the details about the products available that the consumer needs to know before they complete their purchase.
The availability of the products supplied by the company Cademadrid, S.L. depends on the existing stock.
The colours of the products displayed online are for guidance only and they might vary slightly from the final colour of the product. This is due to the fact that the products are handmade and each piece is therefore unique and different.
3 – Order methods
The clients can make their orders online through the website www.fundashop.es.
The clients must guarantee that they are fully authorised to use the payment card. Only individuals with enough legal capacity to enter into contracts concerning the type of goods and services displayed on this website can make orders at fundashop.es.
When the customer clicks on the button “Place Order” during the order making process, they are assumed to fully accept all these General Conditions of Sale.
The data stored by fundashop.es is the proof of all the transactions made between fundashop.es and its customers. Fundashop.es shall send the customer confirmation, within a maximum period of 24 hours that their order has been recorded. Moreover, once the product ordered has been sent, fundashop.es shall inform the customer of this by e-mail.
Fundashop.es shall use the email address that the customer provides it with when they place their orders to send them newsletters and information about special offers later on. If the customer does not want to receive any more information about special offers they can send an email to firstname.lastname@example.org stating their wishes and if they do not want to receive any more newsletters they just cancel their registration under the heading “my account”.
4 – Prices
The prices of our products shown include all the corresponding taxes but not the cost of postage and packaging.
The cost of postage and packaging also includes the corresponding taxes. The freight charges are always separate.
Fundashop.es is entitled to modify these prices at any time; however, the products shall be invoiced according to the existing prices when the orders are recorded.
Fundashop.es is entitled to reject orders if the customer in question is involved in any type of lawsuit.
5 – Availability
If the product is not available, once the order has been received and within a maximum period of 72 hours the fundashop.es Customer Service will send the customer an email informing them of this and then the amount paid shall be returned by cancelling the bank account debit
6 – Payment
Customers must state that they are happy with the information and that they have accepted these General Conditions of Sale before they complete their purchase.
As soon as their purchase is validated, fundashop.es shall send them an email confirming the purchase that summarises their whole order (type of products sent, the amount, and the price).
The purchases shall be paid for by credit or debit card or a transfer. The payment cards that are accepted are: Visa and MasterCard both debit and credit card. We will send a request to the customer’s bank to debit their account for the corresponding amount when payments are made using a bank card; the amount will not be debited from the account until the bank authorises it. The time taken for the debit charge to go through depends on the rules established for the payment method (immediate debit, deferred payment etc.). If the bank rejects the request, the order will be automatically cancelled and the customer will be informed of this via email.
In accordance with the law in force and in order to keep your data safe and confidential, fundashop.es shall not keep the information concerning your bank details.
Customers are held accountable for keeping and printing the proof of their bank transfer if they want to keep the bank details related to the transaction made.
7 – Security
www.fundashop.es has an e-commerce secure payment system through the electronic platform of Caja Madrid.
www.fundashop.es does not have access to the confidential information about the payment methods.
8 – Delivery
- a) Forms and place of delivery
The products shall be sent with the delivery note and the invoice to the address that the customer supplied when placing the order.
Customers are notified about our deliveries by e-mail, and they are given the dispatch number so that their can track their orders through www.seur.com.
Fundashop.es delivers products in Spain and Portugal.
In order to optimize the delivery service, we would be grateful if customers could supply us with a delivery address where the order can be delivered within the normal business hours.
- b) Delivery time
As the products are handmade and can be personalised the delivery time is approximately 20 working days from when the order is received by fundahop.es. Fundashop.es gives the courier service company SEUR its products to deliver.
If fundashop.es detects any production problems that make it impossible to give the courier service company the order within the estimated 20 days, Fundashop shall get in touch with the client to inform them of the incident and give them a new delivery date. The customer is entitled to get a refund for their purchase (including freight charges) if they decide to cancel the order for this reason.
Cademadrid, S.L. cannot be held responsible for any delays in the delivery once the order is in the logistics stage, nor for the consequences of the delay.
If this delay is caused by force majeure, while the product is in the logistics stage, fundashop.es shall inform the customer of this situation and that therefore, they shall have to bear the costs of requesting the cancellation of their order and that they are not entitled to ask for a refund for the order.
Fundashop.es does not make deliveries in August as this is considered to be the holiday period. The Customer Service Department of fundashop.es shall get in touch with clients who place orders from the 15th of July onwards informing them of this and arrange another delivery date with them. If the customers ask to cancel the order, this shall be fully refunded including any associated delivery costs.
The delivery times are the average times taken to prepare and send the products. These periods vary according to the destination and they do not include weekends or holidays.
Each delivery is considered to be complete as soon as the courier service hands over the product to the customer; this is shown on the control system used by the courier service company.
- c) Points to take into account when the order is delivered
If the order does not arrive at the stated address (incorrect address), the fundashop.es Customer Service Department will get in touch with the client to ask them for the correct address. If the courier service company reports three failed attempts to deliver the order, the product will be returned to the Fundashop.es warehouses and the customer will be told that their order has been left in the warehouse so that they can go and pick it up. Refunds will not be given for the order. The customer can ask for the order to be delivered once again to the stated address as long as the new delivery costs are paid for first by means of a bank transfer.
If the client is not at the address when the order is delivered, the courier service company will try again. Fundashop.es will be told about this and it will get in touch with the customer to see whether the products can be delivered at another time. If there are problems with the delivery, in particular if the product is damaged, the customer must notify the courier of this by phoning the SEUR Customer Service 91 322 80 00 and tell them about the state that the product and the packaging are in within a period of forty eight (48) hours after the product has been delivered. The client must send a copy of the delivery note and a letter of complaint by fax (91 322 84 06). At the same time the client must inform Fundashop.es about this by getting in touch with our Customer Service. Clients can exercise their rights to ask for a refund or an exchange if the products that have been delivered do not match up to the specifications stated on the delivery note. In this case the client must, within the seven day time period after the order has been delivered, file a complaint with the fundashop.es Customer Service. If there are problems with the delivery of the orders, whether it is because the customer is not there, the delivery information is incorrect, etc.; we shall give the courier service company the customer’s telephone number so that it can then get in touch with the customer and therefore make sure that the order is delivered.
- d) Lost packages
Nevertheless, if after 8 working days from when the package has been dispatched, the customer has no news of their order, they should get in touch with the SEUR Customer Service by phoning 91 322 80 00 and state the dispatch number (stated in the email confirming that the order has been sent).
If neither the SEUR Customer Service nor its tracking device (www.seur.com) can find the package, the customer must get in touch with fundashop.es through our “Customer Service” unit stating that they still haven’t received their order yet, even though they have received the email confirming that it has left our warehouses.
The fundashop.es Customer Service shall look into the matter with the help of SEUR.
The client will be sent an e-mail informing them that the matter is being dealt with. It takes anywhere from one to two weeks to get a definitive answer, starting from when the e-mail is sent to the customer. If the package cannot be located a refund will then be given.
9 – Retraction and returns
Customers can ask for a return/refund (including the packaging and postage expenses) for products that they receive that are not what they ordered, or for any products that have been damaged while they are being delivered (after the customer has followed the instructions given in section 8c). They will be entitled to ask for a refund (including the cost of postage and packaging) for products that are ordered but are no longer in stock, those that cannot be delivered within the estimated 20 days due to an incident in the production process, which means that the customer decides to cancel the order or those whose delivery date is expected to be during the holiday period and that after the fundashop Customer Service has informed the customer that the delivery will be delayed, they decide to cancel the order. Moreover, they shall also be entitled to ask for a refund for any orders that get lost and cannot be located within two weeks from the date that they are sent out.
If the products are faulty or are not what the customer ordered, they must get in touch with the fundashop Customer Service that shall then (after validating the return conditions) get the courier service SEUR, to go and pick up the products. In this case fundashop.es shall bear the costs of returning the products.
The fundashop.es Customer Service must be notified about any returns sent by the clients who have received products that they did not order. The products must be returned in their original packaging, in a perfect condition so that they can be resold, they must not be damaged in any way, marked or dirty, and they must come with all their accessories, and a copy of the invoice. Packages shall not be accepted either if they do not come with something that helps to identify the sender (order number, surnames, name, address). Once the package has reached the fundashop.es warehouses and the returned products have been checked to make sure that they comply with the refund requirements, the refund for the corresponding amount paid for the products returned will then be processed. The client shall be informed about this refund procedure by means of an e-mail. Once this procedure has started, fundashop.es shall then pay back the whole amount that the customer paid initially into their bank account or the credit or debit card that was used to pay for the order initially as soon as possible. The refund shall be for the same amount as the price of the product (s) that was/were bought, which shall be made within 30 days from when the products are received by fundashop.es. The refund shall therefore include the costs of postage and packaging.
If the returned products do not comply with the return conditions when they are sent back, fundashop.es shall inform the customer, who shall then have to pay for the cost of collecting the goods and the new transportation costs by means of a transfer before they are sent back again. If the client decides to cancel the order in this case they are not entitled to ask for a refund.
Returns shall be sent to:
Dept: Online Store
C/ Monasterio de las Huelgas, nº 15
10 – Intellectual property
The reproduced photographs and the texts describing the products that are on sale are publicised by way of illustration, therefore Cademadrid S.L., cannot be held responsible for this under any circumstances whatsoever, as it is only accountable for the content of the pages that it edits. Fundashop.es does not focus on selling to professionals.
The texts, the comments, the work, the illustrations and the images that are reproduced in the website of fundashop.es are protected by copyright and the applicable intellectual property rights all around the world. In this sense and pursuant to the provisions established in the regulations governing Intellectual Property, they are meant for private use only, unless different provisions or the most restrictive regulations of the intellectual property code are applicable. Any other use shall be considered as being a violation of the Intellectual Property and it shall be duly penalized, unless authorization to do so is obtained from fundashop.es beforehand.
The total or partial reproduction of the fundashop.es catalogue is strictly forbidden.
11 – Responsibility – Disputes – Applicable legislation
The photographs and texts reproduced that show the products, which are on sale, are for information purposes only.
Fundashop.es cannot be held responsible for any type of damage done, whether it is material, non-material or bodily, which could arise from the misuse of the products sold.
In any case, the responsibility of fundashop.es shall be limited to the cost of the order and it shall not be bound by simple errors or omissions that could have occurred, when all the necessary precautions have been taken in terms of the presentation of the products.
fundashop.es shall not be held responsible for any indirect damage, losses in the operating income or profits suffered by a client or a third party, which have occurred by whatever means, even though this damage, loss or disadvantage could have been foreseen by fundashop.es or if it knew about this eventuality.
Pursuant to the aforementioned, and in view of the general conditions, the responsibility of fundashop.es shall not go further than the amount paid or payable after the transaction in question, whatever the cause or the type of action in question.
Fundashop.es cannot be held responsible for the non-compliance of the contract signed in the event that the stocks run out or the product is unavailable, or if there is an event of force majeure, or if the activity is interrupted or there is a total or partial strike, in particular, of the postal service and means of transport or communication, floods or fire.
These General Conditions of Sale that are written in Spanish shall be implemented and interpreted pursuant to the Spanish law in force, which is the legislation that the parties must comply with.
12 – Processing personal data
CADEMADRID, S.L. with its business address in C/ Monasterio de las Huelgas nº 15 28049 Madrid (Spain), is the owner of the website http://www.fundashop.es. Pursuant to the existing law in force on data protection as well as that concerning the Information Society and Electronic Commerce Services, users accept that the personal data supplied when registering or any other data that is given to CADEMADRID, S.L. to access any of the website services, shall be stored on files that are owned by this company, so that it can provide the services requested, which include:
Keeping them up-to-date, either by email or another means of communication about the future sales and services related to the website http://www.fundashop.es.
Dealing with basic administration tasks.
Asking them for permission to use and process their orders/payments and consignments.
Improve and personalize communication with the customers:
Users authorise CADEMADRID, S.L. to pass on or inform third parties of this data whenever this is necessary to process consignments, to ensure certain aspects of the after sales service, and also to carry out satisfaction surveys. If necessary, CADEMADRID, S.L. can pass on this data in response to a court order.
Pursuant to the provisions established in article 22 of the Law 34/2002, dated the 11th of July, on Information Society and Electronic Commerce Services (LSSICE), CADEMADRID, S.L informs the owners of the data of its intentions to email them advertising or send it to them by another means of communication.
CADEMADRID informs users that they can decide to revoke their acceptance to have their data passed on to third parties at any given time, without this being retroactive.
CADEMADRID, S.L. agrees to comply with its obligation to keep personal data secret and confidential and to this end it takes the technical, organisational and security measures necessary to prevent any unauthorized alteration, loss, processing or access, pursuant to the provisions established in:
The Organic Law 15/1999 dated the 13th of December, on the Protection of Personal Data and the Royal Decree 1720/2007 on Security Measures and other applicable legislation.
Users shall in any case be held responsible for the veracity of the data supplied, whereby CADEMADRID, S.L. is entitled to refuse to supply the registered services to all users who provide false information, regardless of whatever other legal action that might be taken.
On registering, users clearly and unambiguously agree to have their personal data processed so that CADEMADRID, S.L. can render its services correctly as well as pass on this data to third parties to provide the service requested, where appropriate.
Finally, in compliance with the provisions established in the LOPD, users can exercise their rights to access, rectify, cancel and oppose the processing of their personal data kept in the files of CADEMADRID, S.L. by notifying the “Head of the Data protection File” of their wishes along with the documentation proving their identity to the business address of CADEMADRID, S.L. based in C/ Monasterio de las Huelgas nº 15 Madrid (Spain). They can also express their wishes via email to the email address: email@example.com.
CADEMADRID, S.L. shall not be held responsible for any damage or loss caused by any interference, omissions, interruptions, computer viruses, telephone faults or disconnections in the operations of this electronic system, for reasons that are beyond the control of CADEMADRID, S.L.; or delays or blockages in the use of this electronic system caused by faults or overloads in its Data Processing Centre, telephone lines, the Internet system or in other electronic systems; or damage that might be caused by third parties through illegal interference or meddling that is beyond the control of CADEMADRID, S.L.
13 – Modifying the General Conditions of Sale
If the files are handed over when the business is transferred to a third party, fundashop.es agrees to inform the users of the website about this first.
fundashop.es is entitled to modify the General Conditions of Sale.
Customers who do not want the contractual relations to be governed by the new version of the conditions of sale must notify fundashop.es of their wishes and, from the date that the new version comes into force, they must stop using the fundashop.es services.
In the event that some of the terms of the General Conditions of Sale are declared to be illegal or not binding due to a court ruling, the other provisions shall still prevail.