Purchase conditions

1. Introduction

This document conteins the conditions that regulate this website’s use and the contract that vincules the buyer and the seller (ABANICOS VIBENCA).

These conditions establish the rigths and the obligations of any user (hereinafter, you/your/user) and Abanicos Vibenca (hereinafter we/our/the company/the seller) regarding products/services that we offer in our website. We pray you to read the conditions before using this website or place an order. By the use of the website www.abanicosvibenca.es you agree to bound by this terms,  so if you don’t agree with all this conditions, you may never place an order on this website.

These terms and conditions could be modified, so you should read them before placing each order.

If you have any question about the purchase conditions or about privacy policies, you can contact us to abanicosvibenca@gmail.com. VICENTE BENLLOCH CABALLER -ID: 24316152T,  with registerd office in order to comply with Art.10 of Ley de los Servicios de la Sociedad de la Información y Comercio Electrónico, in Plaza Lope de Vega nº 5 (Valencia, Spain)- is the owner of www.abanicosvibenca.es (hereinafter, the website).

2. Use of our website

These conditions are exclusive on this website and replace any other, unless express prior written consent of the seller. These conditions are important not only for you but also for us because they have been written in order to create a legal binding contract between your rigths as a buyer and our rigths as a company.

Placing your order, you declare that you have read and accepted the current conditions.

You accept that:

-You may only use the website to perform legally valid queries or requests.

-You could not place a speculative request, false or fraudulent. If we have any reasons to believe that you have placed a fraudulent order, we will be authorised to cancel it and inform the relevant authorities.

-You are obligated to give us your correct email address, address and personal data. You also consent that we could use this information to contact you if necessary.

-If you don’t provide us the necessary information we could not make your order.

-Placing an order on this website, you warrantee to us that you are of legal age and you are able to celebrate binding contracts.

3. Service Availability

Items offered over this website are only available for delivery to Spain, Portugal, Islas Canarias, Islas Baleares, Ceuta and Melilla.

4. Shipping confirmation

Users may order their order on our website www.abanicosvibenca.es, available 24h, 7 days per week (unless there are any exceptional circumstances).

Personal data provided by the user and registered by Abanicos Vibenca during the registration and the order constitute the proof of the transactions made among Abanicos Vibenca and the user.

After the validation of the order by the user, Abanicos Vibenca will send a confirmation email in order to notify you that the order has been made properly. The user has to check the order confirmation and, in case of any mistake, the user has to notify it inmediatly to Abanicos Vibenca .

5. Shipping Availability

All orders for items are subject to availability and in this regard, in the event of supply difficulties, we will inform you to decide if you would like to wait for the availability of the product or if you prefer to cancel your order.

6. Characteristics of the items

We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website.

We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation. In this event, you will be informed and you will be able to cancel your order.

7. Right to cancel the purchase

You may return your order for defect or breakage up to 7 days from the date on which you receive the product. The right to return will not apply to those products that are personalized or that for reasons of hygiene or other exceptions legally contemplated are not subject to repayment. Read the returns policy and delivery terms.

8. Delivery

Subject to availability (see Clause 5 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, we will send you the product in 15-20 days of the date of the Order Confirmation, because it is an artisan product realized ex profeso.

Abanicos Vibenca will always inform the user about the delivery terms on its website. The user will also be able to consult, whenever he wants, the estatus of his product on “My Account”.

If our supply of the items is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and you will be able to continue buying stablishing a new delivery date or you will be able to cancel the purchase with the total refund of the price paid. Please note however that we do not deliver on Saturdays or Sundays.

If you accept this delivery service, you are accepting the entry of a delivery man at your home.

For the purpose of these Terms, “delivery” or “delivered” shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address.

9. Unable to deliver

If it is not possible to make the deliver, we will try to give it back to you twice more times. If we can not find the person to whom the order has to be delivered, your product(s) will be sent to the courier’s office and you will be able to pick it up in a delay of 10 days. If during this period the client does not withdrawe his order, it will be returned, having to pay for this return. Please, inform us if your are not going to be at your place at the delivery agreed time.

10. Risk and title

The Items will be at your risk from the time of delivery. Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in Clause 8), whichever is the later.

11. Price and payment

The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible.
The prices on this website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Buying Guide. Prices are liable to change at any time, but (other han as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Once you have finished shopping, all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make payment. To do this:

The User can make the payment by means of Payment by card (Visa, MasterCard, …). In the case of choosing this modality, the User will be able to carry out safely and securely his purchases with his card through a secure payment platform. If the User uses this payment method, their order will not be validated until the payment is made in the indicated account, with authorization from the competent payment centers. If the payment is not authorized, the User’s order can not be accepted and will be canceled for that reason.

In the event that the data of the buyer and the cardholder do not correspond, Abanicos Vibenca reserves the right to contact the User to confirm their identity or to contact the bank to ensure that there are no notifications of subtraction of the bank card.

Charges will be made on the bank card at the time the purchase details are confirmed. In case it has not been possible to perform for any reason, we will contact you through the email address you provided in the registry to inform you of this incident.

Payments made with a bank card will not have additional expenses.

The payment gateway provided by Abanicos Vibenca has adequate security measures to avoid interceptions in communications. Abanicos Vibenca does not have access to confidential data related to the means of payment used, and therefore does not store them either.

12. Value added tax

All purchases done through this website are subject to the statutory Value Added Tax (VAT). The prices on the website already have VAT included. 

13. Returns policy and warranty

RIGHT OF WITHDRAWAL
General policy:

You may cancel your order for any reason up to 14 days  from the date on which you receive the product. Abanicos Vibenca will not accept returns after this period, except justified reason.

The refund will be made in the same way that was used to pay for the purchase. You will assume the cost and risk of returning the products to us, as indicated above.There will be no change or return of those products that are not in the same conditions in which they were received, or that have been used or broken due to the use of the user. In case of defective product, we will proceed to repair or replace it.

RETURNS OF DEFECTIVE ITEMS

If the item that you have received is defective, please notify us by using the Contact Form, and give to us the product details and specifying the defects. You must return the product to the address indicated by our partners in customer service.
We will examine the item and if we deem it to be defective, and we will notify you by e-mail within a reasonable time if it is appropriate to return or replace it (if applicable). The return or replacement of the item will be made as soon as possible, always depending on the stock of our suppliers.
The amounts paid for those products that are returned because of some defect (when it actually exists) and we will provide a full refund including delivery charges, and the refund will be paid using the same means of payment that you originally used to pay for your purchase. These provisions do not limit any applicable statutory rights.

14. Liability and disclaimers

Our responsibility in relation to any Product purchased on our website will be strictly limited to the purchase price of the product.

Nothing in these Terms shall exclude or limit in any way our liability:
  • For death or personal injury caused by our negligence;
  • For fraud or fraudulent misrepresentation; or
  • For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

Sin perjuicio de lo dispuesto en el párrafo anterior y en la medida en que así lo permita la ley, y salvo que en las presentes Condiciones se disponga lo contrario, no aceptaremos ninguna responsabilidad por daños indirectos que se produzcan como efecto secundario de las pérdidas o daños principales, que se produzcan de cualquier forma, y ya sean ocasionados por ilícito civil (incluida negligencia), incumplimiento del contrato u otros, incluso si se hubieran podido prever.

Due to the open nature of this website, we do everything possible to avoid errors in storage, in the transmission of digital information and in the accuracy and security of the information transmitted or obtained through this website.

As permitted by law, we exclude all warranties by safeguarding those warranties that can not be legitimately excluded from consumers.

Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

15. Intellectual property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

16. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17. Notices

All notices given by you to us should be given to us via our Contact Form. Subject to and as otherwise specified in Clause 16, we may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

18. Transfer of rights and obligations

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the voidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

19. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (with out limitation) the following:
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.

20. Waiver

If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

21. Severability

If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22. Agreement

These Conditions and any document expressly referred to in them constitute the entire agreement between us in relation to the object of the Contract and supersede any other agreement, agreement or previous promise agreed between us verbally or by written.

You and we acknowledge having agreed to enter into this agreement without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two before said Contract, except that expressly mentioned in these Conditions.

Neither you nor we will have recourse to any uncertain statement made by the other part, verbal or written, prior to the date of the Contract (unless that fraudulent statement was made uncertain) and the only remedy available to the another part will be for breach of contract in accordance with the provisions of these Conditions.

23. Our right to modify the Purchase Conditions

We can check and modify these terms and conditions anytime. Users will be subjetc to current conditions in the moment of their purchase, unless we should change these policies by law or government decisions.
Usted estará sujeto a las políticas y Condiciones vigentes en el momento en que efectúe cada pedido, salvo que por ley o decisión de organismos gubernamentales debamos hacer cambios en dichas políticas, Condiciones o declaración de Privacidad.

24. Legislation and jurisdiction

These general conditions are ruled by Spanish Law. For the resolution of conflicts and renouncing any other jurisdiction, the aprties submit to the courts and tribunals of the user’s domicile. 

25. Comments and suggestions

We will be glad to know and receive your comments and suggestions by email: abanicosvibenca@gmail.com