Conditions of Purchase
How to use our Website
These conditions are the only conditions applicable to use of this website and supersede any other, except the seller prior and written consent. These conditions are important for you and for us, since they have been made in order to create a legally binding agreement between us to protect your rights as a costumer and our rights as a company. By ordering, you declare that you have read and accept without reservations the Conditions above:
You agree that:
a. You may only use the website to make legal and valid inquires or orders.
b. You can not make any speculative, false or fraudulent order. If we have reasonable grounds to consider that any order of this kind has been made, we will be allowed to cancel it and to inform the appropriate authorities.
c. You are also requires to give us a true and correct your email address, postal address and/or other contact details and you agree we may use this information to contact you if necessary ( see our privacy statement)
d. If you do not provide us all the information we need, we can not complete your purchase order. When placing an order through this website, you guarantee that you are over 18 years old and have legal capacity to enter into binding contracts.
How to enter into the contract
This information and the details contained in this website do not constitute an offer to sell, but an invitation to do business. There will be no contract between You and us regarding any product until your order has been accepted by us (even if you have already been deducted from your account). If your offer is not accepted and it had already made a charge on your account, the amount thereof will be refunded in full. To place an order, you should follow the procedure of online purchase and click "Checkout". After this, you receive an email acknowledging receipt of your order. Note that this does not mean that your order has been accepted, since it is an offer you make us to buy one or more products. All orders are subject to acceptance by us and we will confirm such acceptance by sending an email that confirms that the product is being sent (Delivery Confirmation). The contract for the purchase of a product with us (Contract) will only be placed when we send the Delivery Confirmation. The contract shall only include those products listed in the Delivery Confirmation. We are not obliged to supply any other products that may have been the subject or order until we confirm the shipment of these in a separate Delivery Confirmation.
Refusal to process a product
We reserve the right to withdraw any product from this website at any time and/or withdraw or modify any material o content. Although we will always do our best to process all orders, there may be exceptional circumstances that require us to refuse to process any order after sending the Delivery Confirmation. We reserve the right to do so at any time, in our sole discretion. We will not be liable to you or to any third party for the withdrawal of any product from this website, regardless of whether the product has been sold or not, remove or modify any materials or website content, or for refusing to process an order after we sent the Delivery Confirmation.
Price and payment
The price of products will be stipulated at a time in our website, except in cases of obvious error. Although we try to ensure that all prices listed on the website are accurate, errors may occur. If we discover a price’s mistake of the products you have ordered, we will inform you as soon as possible and give you the option of confirming again your order at the correct price, or cancelling. If we are unable to contact you, the order shall be cancelled and you will receive a full refund that would have been paid. We are not obliged to supply the wrong product at the lower price (even though we have sent the Delivery Confirmation) if the pricing error is obvious and unmistakable and could be reasonably recognized by you as incorrect price. Prices on the website include VAT but no shipping costs, unless otherwise indicated. Prices may change at any time, but (except as stated above) changes will not affect orders which we have already sent a Delivery Confirmation. Once you have finishing shopping all your order, add to “my buy”, and then select Checkout”
People who reside outside of the European Union.
Purchases made by legal or natural persons who reside in countries outside of the European Union shall be VAT-free. No orders will be processed for P.O. Boxes.
For this purchase/delivery system, and due to their tax treatment, territories of the Canary Islands, Ceuta and Melilla are considered to be outside of the European Union.
Please remember that delivery charges do not include import taxes (tariffs), which must be paid in cash upon delivery. This shopping system complies with prevailing Spanish legislation, and all transactions are understood as having taken place at the legal address of Emotion & Fashion: calle Cid, 24. 03803 Alcoy - Alicante (España).
Delivery charges include transport costs, insurance and customs charges at origin. For delivery to countries not part of the EU, customs charges at destination and other taxes (duties)are not included; the recipient will have to settle these in cash in order to receive the merchandise.
The recipient shall be required to pay all the import costs and custom duties at the destination, regardless of whether or not the merchandise is accepted. The goods will be dispatched in the shortest time possible, however, the recipient should take into consideration the procedures required by the destination country to import the articles ordered; Emotion & Fashion cannot be held responsible for these.
Neither shall Emotion & Fashion accept any liability for delays caused by strikes, armed conflicts or other circumstances beyond its control. Emotion & Fashion does not accept any liability for delays due to customs procedures or in the event that the local authorities decide to confiscate any part of the order. The delivery charges for all exported products are based on the calculated volumetric weight and their destination.
Liability and exemption from liability
Our liability in connection with any product purchased on our website will be strictly limited to the purchasing price of such product. Nothing in these purchase conditions shall exclude or limit in any way our liability:
a. In case of death or personal injury caused by our negligence;
b. In case of fraud or fraudulent misrepresentation;
c. On the occasions of being illegal or unlawful for us to exclude, restrict ourselves or attempt to exclude or limit our liability.
Without prejudice the previous paragraph and to the extent permitted by law, unless in these Conditions noted otherwise, we will not accept any liability for consequential damages that occur as a side effect of the loss or main damages, however caused, whether caused by tort (including negligence), breach of contract or others, even if they had been able to anticipate, including without limitation the following:
i. Loss of income or sales
ii. Loss of business
iii. Loss of profits or loss of contracts
iv. Loss of anticipated savings
v. Loss of data
Waste of management time or office hours.
Due to the open nature of this website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted or obtained through this website, unless expressly otherwise specified. All product descriptions, information and materials contained in this website are supplied “In the state in which they find themselves" and without express warranties express, implied or arising from any other way. To the extent permitted by law, we exclude all the warranties except for the warranties that cannot be lawfully excluded from consumers.
Communication and notification
The applicable legislation demands that part of the information or communications we send are in writing. By using this website, you agree that the bulk of communications with us are electronic. We will contact you by e-mail or we will give you information posting warnings on this website. To contractual effects, you agree to use this electronic means of communication and recognize that every contract, notification, information and other communications that we send in electronic form complying with the legal requirements to be in writing. This condition does not affect their rights recognized by law. The notifications that you send us should be sent preferably through our contact form. In accordance with the provisions of clause 16 and unless otherwise stipulated, we may send communications to the e-mail or to the postal address provided by you, when you place an order. It is understood that the notifications have been received and have been properly done in the same moment that they are posted in our website, 24 hours after an e-mail has been sent, or three days after the postage´s date of any letter. In order to check (or prove) that the notification has been done, in case of a letter, it will enough to check (or prove) that it had the right address, it was properly stamped and it was duly delivered to post office or a mailbox. In the case of an e-mail, it is enough to prove that has been send to the same e-mail address specified by the recipient.
The right to cancel the purchase and return policy
If you contract as a consumer, you can repeal the Contract at any time within 15 days from the receipts´ date of the products. In this case, you will be refunded the price paid for such products in accordance with our return policy. Your right to repeal the Contract shall apply exclusively to those products that are returned in the same conditions in which your received them. It must also include all the instructions, documents and wrappings of the products. No reimbursement shall be made if the product has been used or if it has been damaged, and therefore, you must be careful with the product/s while they are in its possession.
Returns in exercise of the right to cancel the purchase
General policy: If you want to repeal the Contract within the period specified in the previous clause, you can contact us through our contact form. You can also return the product directly to the address given in the Refunds´ Form that you will receive with it. We kindly ask you to return the product as soon as possible, together with the Refunds´ Form duly completed, at the address indicated on it. You will be responsible for the cost of returning the products. Please note that if you decide to return deliveries with freight collect, we will be entitled to charge you the expenses we incur as a result. If you have any doubt, you can contact us through our mail contact firstname.lastname@example.org or calling to +34 965546899.
Returns of faulty products
In circumstances where you consider that the product does not conform to the Contract at the time of delivery, you should promptly contact us by our e-mail with details of the product and its damages. The product must be returned to the indicated address. We will fully examine the returned product and we will inform you by e-mail within a reasonable period of time, if its refund or replacement (as the case may be) is appropriate. The refund or replacement of the product will be carried out as soon as possible and, in any case, within 30 days following the date on which we send an e-mail confirming that the refund or replacement of the faulty product is appropriate. The sums paid for returned products because of a fault or defect, when there are any, will be fully refunded, including the delivery costs incurred to deliver the article to you and that you have incurred to return it to us. Refunds will be paid in the same form of payment that has been made the purchase. These do not affect the rights recognised by current laws.
Events beyond our risk and control
We are not responsible for any failure or delay in any fulfilling Contract obligation whose cause is due to events beyond our reasonable control (“Case of Force Majeure”). The Force Majeure Events includes any act, event, lack of exercise, omission or accident that are beyond our reasonable control and includes, in particular (with no restrictions), the following:
a. Strikes, lock-outs or other industrial actions.
b. Civil commotion, uprising, invasion, terrorist attack or threat of terrorism, war (whether declared or not), threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
d. Inability to use trains, ships, aircraft, motor transports or other means of transport, being these private or public.
e. Impossibility of usage of public or private telecommunications networks.
f. Acts, decrees, legislation, regulations or restrictions of any government.
g. Strike, failures or transport accidents, river or maritime, postal or any other type of transport.
It is understood that, our compliance obligation under a Contract is suspended during the period of time that the Force Majeure Event continues, and we will have an extension of deadline for fulfil our duty during the extent of that period. We will employ all reasonable means to the end of the Case of Force Majeure or to find a solution through which we can fulfil our obligations under the Contract despite the Force Majeure. The burden of product risks will be yours from the delivery time. You will acquire the property of the products when we receive full payment of all amounts owed, including postage and packing, or at the time of delivery (according to the definition contained in clause 8), if this should take place at a later time
Applicable law and Jurisdiction
The interpretation and enforcement of conditions, and all the resulting acts, shall be subject to the Spanish law, unless there are public policy provisions contrary to it.