1. USE OF OUR WEBSITE
These Terms are the only conditions applicable to the use of this website and supersede all other conditions, except with the express and prior written agreement of the Seller. These Terms are important to both you and us as they are designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, you unreservedly accept these Terms, after having read them.
You agree that:
1. You may only use the website for legitimate inquiries or orders.
2. You will not place any speculative, false or fraudulent order. If we are of reasonable opinion that such an order has been placed, we shall have the right to cancel the order and inform the relevant authorities.
3. You also agree to provide us with correct and accurate email, postal address or other contact information and acknowledge that we may use this information to contact you if necessary (see our Privacy Statement).
4. If you do not provide us with all the information we require, we may not be able to complete your order.
By placing an order through the Website, you warrant that you are at least 18 years of age and legally capable of entering into binding contracts.
2. AVAILABILITY OF THE SERVICE
The items offered through this website are only available in the destinations indicated in the shipping section.
3. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the details contained on this website do not constitute an offer to sell but rather an invitation to deal. No contract regarding any product will exist between you and us until your order has been accepted by us. If we do not accept your offer and the funds have already been deducted from your account, they will be fully refunded.
To place an order, you will need to follow the online checkout process and press the "Place Order" button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to purchase one or more products from us. All orders are subject to our acceptance, and we will confirm your acceptance by sending you an email confirming that the product has been shipped (the "Shipping Confirmation"). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will refer only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products that may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
4. AVAILABILITY OF PRODUCTS
All product orders are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to provide you with information on substitute products of equal or greater quality and value than you may organize. If you do not wish to order such substitute products, we will refund any money you have paid.
5. REFUSAL OF THE ORDER PROCESS
We reserve the right to remove any Product from the Website at any time, or to remove or modify any material and/or content on the Website. Although we do our best to always process all orders, there may be exceptional circumstances that require us to withdraw an order after sending the Order Confirmation, and we reserve the right to do so at any time, at our discretion.
We will not be liable to you or any other third party for removing any product from the Website, whether or not it has been sold, for removing or modifying any material and/or content on the Website, or for refusing to process an order once. the order confirmation has been sent.
6. RETURN OF GOODS
Our webshop return policy means that if you are not completely satisfied with the products you received, you can return them to us within 30 days of receipt, provided they are in original resalable condition. Products that have been personalized will not be refunded or exchanged under any circumstances. We will not refund or exchange items that appear to have been worn, washed, or are not in their original condition.
It must also include instructions, documentation and packaging of the products. No refunds will be made if the product has been used or has suffered any type of damage, so it is necessary to be careful with the product(s) while they are in your possession. Please treat the products with care while they are in your possession, and keep all original boxes and packaging for as long as possible in case you wish to make a return.
This provision does not affect the rights of consumers under current legislation.
See our returns policy for more information on the procedure and conditions.
Unless exceptional circumstances exist, we will endeavor to fulfill your order for the products listed on the Order Confirmation before the delivery date stated on the Order Confirmation or, if no estimated delivery date is specified, within 7 days after the date. of the order confirmation.
Reasons for the delay could include:
1. Unforeseen circumstances; either
2. Delivery area;
If for any reason we cannot meet the delivery date, you will be kept informed and given the option to continue with the purchase by establishing an extended delivery time or cancel the order with a full refund of the price paid. However, please note that we do not deliver on Saturdays or Sundays.
For the purposes of these Terms, "delivery" will be deemed to have occurred or the goods will be deemed to have "been delivered" by signing for receipt of the goods at the agreed delivery address.
8. IMPOSSIBLE TO DELIVER
If we are unable to deliver the products, we will try to find a safe place to leave your package. We will leave you a note explaining where your package is and how. You can rearrange the delivery. If you are not going to be at the delivery location at the agreed time, please contact us to reschedule the delivery for another convenient day for both parties.
9. RISK AND TRANSFER OF OWNERSHIP
The Products will be at your risk from the moment of delivery.
Title to the Products will only pass to You upon receipt of full payment of all sums due in respect of the Products, including delivery charges, or upon delivery (as defined in clause 7 above), whichever to happen later.
10. PRICE AND PAYMENT
Whilst we ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and, if you have already paid for the products, you will receive a full refund.
We are under no obligation to sell the products to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could reasonably have been recognized by You as such.
The prices displayed on our website include VAT but exclude delivery charges, which will be added to the total amount due as set out in our Delivery Charges Guide.
We reserve the right to refuse bulk or high value purchase orders and to change pricing and availability information without notice. Except as established in the previous Clauses, the changes will not affect orders for which we have already sent an Order Confirmation.
Once you have finished shopping, all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make the payment. To do this:
1. Your data must be provided through one of the following options:
Option 1: If you are already registered, you must provide the username and password assigned to you.
Option 2: If you have not previously registered, you can create an account on the web to benefit from the advantages that this implies.
Option 3: You can enter your data without having to create an account.
2. Next, click “Continue” and fill out the form with your billing and shipping information as clear as possible. Orders will be shipped to the delivery address you provide on your form, so it's important to pay special attention when filling in the delivery address details.
Likewise, we emphasize that it is very important to provide with your order, a telephone number where you can be reached to facilitate delivery.
3. Once the order is completed and before sending it, you will be able to access the purchase summary, identifying the item(s) purchased, total price (including shipping) and shipping information. Check all the data entered and complete the order by accepting the conditions and clicking "Finish order". If you have a promotional code, you must enter it at this time to take advantage of the applicable conditions.
4. Select a payment method: Paypal, Credit Card, Apple Pay, or Amazon Pay.
If payment is made through PayPal, the amount will be charged at the time of confirmation of your order.
Cards are subject to authorization by your Card issuer. If we do not receive the required authorization, we will not be responsible for any delay or non-delivery.
11. LIABILITY AND WAIVER
Our liability in connection with any product purchased from our website will be strictly limited to the purchase price of such Product.
Nothing in these Purchase Terms will exclude or limit our liability in any way:
1. In the event of death or personal injury caused by our negligence;
2. In case of fraud or fraudulent misrepresentation, or
3. In any event that it would be unlawful or unlawful for us to exclude, restrict or attempt to exclude or limit our liability.
Notwithstanding the provisions of the preceding paragraph and to the extent permitted by law, and unless these Conditions establish otherwise, we will not accept any responsibility for consequential damages that occur as a collateral effect of the loss or greater damage, derived from in any way, whether caused by tort (including negligence), breach of contract, or otherwise, even if they could provide, including but not limited to the following:
1. loss of income or sales;
2. loss of business;
3. loss of profits or loss of contracts
4. loss of anticipated savings;
5. data loss; Y
6. loss of 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 information transmitted or obtained through this website, unless expressly stated otherwise. .
All product descriptions, information and materials contained on this website are provided "as is" and without express or implied warranties, or any other warranties arising otherwise.
To the fullest extent permitted by law, we disclaim all warranties except those that cannot be legally excluded for consumers.
The provisions of this clause will not affect your legal rights as a consumer, nor your right to withdraw from the contract.
12. INTELLECTUAL PROPERTY AND COPYRIGHTS
This Website is governed by Spanish law and is protected by national and international legislation on intellectual and industrial property.
All the contents displayed on the Web and, in particular, the designs, texts, audios, graphics, logos, databases, trade names, trademarks, or any other signs that may be used industrially and commercially are subject to property rights. intellectual property of Fika & Co. or of third parties. holders of parties that have authorized their inclusion in the On-Line System. Their mere mention does not imply endorsement, sponsorship, recommendation, right or responsibility of the Web about them.
Fika & Co. authorizes Users to use, view, print the Contents and/or elements of the website solely for their personal, non-profit use, requiring the consent of the owner of the rights in question, for any use other than of the expressly permitted.
In no case will any license be granted, nor will there be a waiver, transmission, total or partial transfer of said rights, nor will any right or expectation of right be attributed, and in particular, the alteration, exploitation, reproduction, distribution or public communication of these contents without the express authorization of Fika. & Co. or interested owners.
Any infringement of these rights may give rise to civil or judicial or criminal legal proceedings.
The website www.fikandco.com respects the intellectual, industrial and image property rights of third parties. If you believe that your legal rights are being violated on this page, please notify us at firstname.lastname@example.org, referring the matter: “ Violation”, by sending us a letter or postcard to the address that appears at the end of these conditions of use with a sender of the same subject.
Regardless of the means used to communicate said infraction, the following will be sent:
Full name of the complainant.
ID of the complainant.
Your email or postal address and telephone number.
Identification of the content that is violating the rights or laws.
Location of content on our portal.
Signed statement certifying that the data entered is correct and that you are the owner or possessor of the content, or failing that, you have authorization.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send you be in writing. By using our site, you agree that communication with us will be primarily electronic.
We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you accept this electronic means of communication and 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.
We may send notice to you at the email or postal address you provide to us when placing an order.
Notice will be deemed received and properly delivered immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In order to prove the service of any notification, it will be sufficient to prove, in the case of a letter, that said letter was properly addressed, sealed and placed in the mail and, in the case of an electronic mail that said electronic mail was sent to the address recipient's specified email address.
15. MOBILE SERVICE
The website www.fikandco.com can be visited through the mobile network, since the page has been adapted for its correct visualization by this support.
16. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between You and us is binding on You and us and our respective successors and assigns.
You may not transfer, assign, encumber or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, encumber, subcontract or otherwise dispose of a Contract, or any of our rights or obligations under it, at any time during the term of the Contract. For the avoidance of doubt, any transfer, assignment, charge or other provision will not affect your statutory rights as a consumer or cancel, reduce or limit any warranty we have made to you, whether express or implied.
17. EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by events beyond our reasonable control ("Force Majeure Event").
A Force Majeure Event shall include any act, event, non-occurrence, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
1. Strikes, lockouts or other industrial actions.
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 using railways, sea, air, motor transport or other means of public or private transport.
5. Impossibility of using public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any strike, failure or accident of maritime, postal or other relevant transportation.
Our performance under any Contract is deemed to be suspended for the period in which the Force Majeure Event continues, and we will have an extension of performance time for the duration of that period. We will use reasonable efforts to bring the Force Majeure Event to an end or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we do not insist, at any time during the term of a Contract, on the strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we do not exercise any of the rights or remedies to which we have right under the Agreement, this will not constitute a waiver of such rights or remedies and will not relieve you of complying with such obligations.
A waiver by us of any breach will not constitute a waiver of any subsequent breach.
No waiver by us of any of these Terms will be effective unless expressly stated to be a waiver and communicated to You in writing in accordance with the provisions of the Notices paragraph above.
If any competent authority determines that any of these Terms or any provision of a Contract is invalid, illegal or unenforceable to any extent, such term, condition or provision will be severed to that extent from the remaining terms, conditions and provisions that will continue to be valid in the fullest extent permitted by law.
20. EXTERNAL LINKS AND CONTENT GENERATED BY USER
External links may be provided for your convenience, but are outside the control of the website owner and no representation is made as to their content. Your use of or reliance on any external links and content provided is at your own risk. When visiting external links, you should consult the terms and conditions of use of external websites. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the website owner. Please contact us if you would like to link to this website or if you would like to request a link to your website. Public Forums and User Submissions The Website Owner is not responsible for any material you submit to public areas (including bulletin boards, hosted pages, chat rooms, or any other public areas found on the Website). . Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the website owner. The Website Owner reserves the right to remove any material submitted or posted by you in the Public Areas, without notice, if it becomes aware of and determines, in its sole and absolute discretion, that you are or may be may, including but not limited to: defame, abuse, harass, stalk, threaten or violate the rights of other users or third parties; post, post, distribute or disseminate any defamatory, obscene, indecent or illegal material or information, post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Websites, the computer system and/or the network of the Site Owner and/or a third party; violate any copyright, trade mark, other applicable British or international laws or intellectual property rights of the website owner or any other third party; Submit content containing marketing or promotional material with the intent to solicit business. You further agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually oriented, racially offensive, profane, pornographic, or otherwise violates any applicable law. and you hereby indemnify Website Owner against any loss, liability, damage or expense of any nature that Website Owner or any third party may suffer caused by or attributable to, whether directly or indirectly, your use of the site. website to send or post any such message or material.
21. RIGHT OF IMPORTATION
If you order Products from our site for delivery outside the EU, they may be subject to import duties and taxes, which are collected 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 local customs office for more information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country to which the Goods are destined. We will not be liable for any failure by you to comply with such laws.
22. ENTIRE AGREEMENT
These Terms and any documents expressly referenced in them represent the entire agreement between You and us regarding the subject matter of any Agreement and supersede any prior agreements, understandings or arrangements between You and us, whether oral or in writing.
You and we both acknowledge that, in entering into this Agreement, neither you nor we have relied on any representation, undertaking or promise given by the other party or implied in anything said or written in dealings between you and us prior to said Agreement, except as expressly in these Terms.
Neither You nor we will have any remedy with respect to any misrepresentation made by the other party, whether orally or in writing, prior to the date of any Contract (unless such misrepresentation was made fraudulently) and the The other party's sole remedy shall be for breach of contract as provided in these Terms.
23. OUR RIGHT TO MODIFY THESE TERMS
We have the right to review and modify these Terms from time to time.
You will be subject to the policies, Terms in effect at the time you order products from us, unless a change to those policies, Terms or Privacy Statement is required by law or government authority, in which case it will apply to the orders. previously placed by you.
24. INFORMATION ABOUT US
The VAT number of Fika & Co. is: ES-75157138-S. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
For the purposes of Organic Law 15/1999, of December 13, on the Protection of Personal Data, FIka & Co., with CIF ES-75157138-S and registered office at Carretera de Fuencarral, 44 Edificio 8 Loft 15 28108 (Alcobendas, Madrid), as owner of the site www.fikandco.com, informs users of the existence of a file with personal data owned by said company, on which the relevant security measures have been applied. This file is duly registered in the registry of the Data Protection Agency.
By providing your data in the registration form, you expressly accept the inclusion of your data in the aforementioned file in order to process any order you make and facilitate future purchases on said site, allowing access to the detail of the user's previous purchases. Likewise, by completing and submitting the online registration form, you are giving your express consent to receive information by email about discounts and special promotions carried out by the company, Newsletter and general information on any subject, activity or event related to the Fika brand. & Co. This does not affect your right to withdraw such consent at any time. You accept and expressly authorize the use of email as a valid means for sending information regarding the use of this site.
The user can refuse to accept cookies by activating this setting in their browser. However, if you select this setting, you may not be able to access certain areas of the website or take advantage of some of our services. Unless you have adjusted your browser settings to reject cookies, our system will automatically create them when you log in.
At the time of registration, the user may also request information on promotions and news related to the Fika & Co. brand that will be sent to them by email. Users can access their private account at any time and can change, edit or delete the information provided. They can also unsubscribe directly from their account or by sending a request to email@example.com or by post to the owners of the website. They must accompany a copy of their national identity document or equivalent DNI.
The User guarantees that all personal data provided in the registration form is true and must notify the website of any changes to them. Likewise, the User guarantees that all the information provided, related to their current situation, is updated and accurate. Likewise, the User undertakes to keep all their personal data updated at all times and is solely responsible for the inaccuracies or falsehoods that they provide and for the damages that Fika & Co., as the owner of www.fikandco.com, or third parties parties could suffer as a result of the use of such information.
Users are informed that, in the face of the data collected in the manner indicated in the previous section, the rights recognized by Organic Law 25/1999 of access, rectification, cancellation or opposition may be exercised. These rights may be exercised by sending a written and signed request together with a photocopy of the DNI or equivalent DNI by post to: Fika & Co. Carretera de Fuencarral, 44 Edificio 8 Loft 15, 28108 Alcobendas, Madrid.
When using the data included in the file, Fika & Co. undertakes to keep them confidential and to use them in accordance with the purpose described above. The company also undertakes to comply with its obligation to save this data and adopt all pertinent measures to prevent its alteration, loss, use or unauthorized access in accordance with Royal Decree 1720/2007, of December 21, by which Organic Law 15/1999 of December 13 on the Protection of Personal Data is approved.