The purpose of these General Terms and Conditions of Sale is to establish the conditions and ways in which SOLO CONTEMPORARY, S.L.U (“SOLO CONTEMPORARY”) sells the products it offers on its online shop, located at www.juandiazfaes (the “website”).
By placing an order on the online shop, the Customer confirms that they have read, understood and accepted these General Terms and Conditions of Sale.
SOLO CONTEMPORARY reserves the right to change these General Terms and Conditions of Sale at any time. In the event of any changes, the version of the General Terms and Conditions of Sale in force when the order is placed will apply to that order.
These General Terms and Conditions of Sale will enter into force on 15 November 2019.
PLACING AN ORDER
To purchase a product, the Customer must follow the steps and instructions available in our online shop. The Customer can locate products through a general search, or by scrolling through categories. The Customer can select the items they wish to purchase and add them to their basket by clicking on the “Purchase” button. On our online shop, the Customer can access information on the product name, photograph and unit price. The Customer can add as many products and as many units as they like. When arriving at the checkout stage, the Customer must enter where to send the product and the shipping method.
Prices shown on the website are inclusive of VAT and shipping costs.
Taxes, duties and customs charges that apply to sales to non-EU countries are not included in the product price, and will be payable by the Customer. The Customer must pay the costs related to customs procedures, any amounts charged by the shipping company (for making arrangements with the customs authorities), as well as any amounts charged by customs authorities (statutory tariffs).
The sale will not be final until SOLO CONTEMPORARY sends the Customer the order confirmation and the Customer settles the purchase price in full. However, SOLO CONTEMPORARY reserves the right to cancel any Customer order should there be a payment problem or for any other legitimate reason, particularly should the order be abnormal in nature. In such case, SOLO CONTEMPORARY will have no obligation to compensate the Customer.
All product orders are subject to availability. In the event of supply difficulties, or if any article is out of stock, we reserve the right to provide the Customer with information about replacement products of the same or better quality and value that they may order. Should the Customer not wish to order a replacement product, they will be refunded the product price.
Online shop purchases may be paid for by Visa, Mastercard and any other payment card whose logo or name is indicated on the website, or by PayPal.
Returns accepted by SOLO CONTEMPORARY will be refunded using the same method of payment that the Customer used to pay for the order.
SOLO CONTEMPORARY reserves the right not to process an order for a Customer who has failed to pay, in part or in full, a previous purchase or who has an outstanding payment issue.
SOLO CONTEMPORARY will not be liable for any fraud or fraudulent use of any method of payment not detected during the verification process. The Customer guarantees SOLO CONTEMPORARY that it has the authorisation necessary to use the method of payment chosen to pay for the order.
Fraudulent use of a bank card will not be grounds for SOLO CONTEMPORARY to refund any amounts.
When supplying product shipping information, the Customer may request a full invoice and enter the invoicing details required to that end. Should the Customer not request a full invoice, SOLO CONTEMPORARY will issue a sales ticket, which will not include the Customer’s tax details.
SHIPPING AND DELIVERY
Orders can be delivered to any country in the world, except where, due to reasons beyond the control of the shipping company engaged by SOLO CONTEMPORARY, it is not possible to deliver to the destination indicated by the Customer (for instance, should the destination country not allow the entry of the products for delivery, or should legislation require delivery of the products to a certain location). In this last instance, SOLO CONTEMPORARY will contact the Customer to inform them why the shipping and delivery of the product to the indicated address was not possible, in order to seek a solution.
SOLO CONTEMPORARY will send the ORDER within 30 days of the purchase date, except for special orders, due to the shipping destination or volume or size of the product purchased.
The order will be shipped by the shipping company expressly engaged by SOLO CONTEMPORARY to the indicated address. Deliveries to PO boxes are not permitted.
Should the shipping company engaged by SOLO CONTEMPORARY find it impossible to deliver the order, it will find a safe place to leave it. In such case, we will contact you by email at the email address you provided when making the purchase, to inform you of the location of your order. If 15 days pass after the order is available for delivery, and the shipping company has not been able to deliver the order for reasons beyond its control, the order will be returned to SOLO CONTEMPORARY, and we will understand that you wish to withdraw from the agreement and will consider it rescinded. Following rescission of the agreement, SOLO CONTEMPORARY will refund the Customer for payments received; however, the shipping costs resulting from rescission may be additional, in which case the Customer authorises SOLO CONTEMPORARY to pass on the corresponding costs.
Under articles 102 et. seq. of the Spanish Consolidated General Consumers and Users Act, [Ley General de consumidores y Usuarios] passed by Royal Legislative Decree 1/2017, the Customer will have a withdrawal period of fourteen (14) business days from delivery of the order to return the product or products for a refund. If the period of fourteen (14) days should end on a Saturday, Sunday or public holiday, the period will extend to the next business day.
For refunds, the Customer must contact SOLO CONTEMPORARY by sending an email to: firstname.lastname@example.org.
Once SOLO CONTEMPORARY has received the email, it will send an acknowledgement to the Customer at the email address provided during the purchase, indicating how to complete the product return. The product or products must be returned in perfect condition. No refunds will be given should the product have been used beyond opening it, should the product not be in the same condition as on delivery or should it have been damaged in any way. If the product is not returned in its original packaging or wrapping, the product will be considered to have lost value, and SOLO CONTEMPORARY may appraise it and potentially reduce the refund amount paid to the Customer.
Full refunds will be paid no later than 14 days after the right of withdrawal is exercised. At the end of that period, the amount owed will accrue interest at the statutory interest rate in force. SOLO CONTEMPORARY will refund amounts paid using the same method of payment used by the Customer in the purchase.
The Customer will not be entitled to withdraw from the agreement if the products supplied are personalised or produced according to the Customer’s specifications, or for items sealed due to health or hygiene reasons where the seal has been broken.
It is not possible to exchange one item for another.
LEGAL WARRANTY FOR NON-CONFORMITY
The Customer is covered by the legal warranty provided for in articles 114 to 124 of the Consolidated General Consumers and Users Act passed by Royal Legislative Decree 1/2017. The Customer may enforce the legal warranty for any non-conformities that arise in the two years following delivery of the product. In any event, the Customer must report the non-conformity within two months of its arising, in accordance with this clause and including all information required in respect of the product, order number and non-conformity detected.
The coverage offered by this legal warranty does not include faults caused by negligence, knocks, misuse or improper handling or normal wear and tear. Where a claim is justified under this warranty, the item will either be repaired, replaced, reduced or refunded, as provided for by law.
LIABILITY AND RELEASE.
The liability of SOLO CONTEMPORARY in relation to any product purchased on www.juandiazfaes will be strictly limited to the price of the product purchased by the Customer.
SOLO CONTEMPORARY accepts no liability for the following losses, regardless of how caused: a) loss of income or sales; b) loss of business; c) loss of profit or contracts; d) loss of forecast savings; e) loss of hours of work .
SOLO CONTEMPORARY will not be responsible for any breach or delay in complying with any obligation assumed, where such delay or breach is owing to events beyond the reasonable control of SOLO CONTEMPORARY (“Force Majeure”).
Force Majeure includes any act, event, failure to exercise, omission or accident that is beyond the control of SOLO CONTEMPORARY, including but not limited to: strikes, lockouts, protests that hinder or compromise the shipping of products, unrest, invasion, earthquake, flood, epidemics, inability to use trains or means of transport (in general).
Obligations will be suspended for the duration of the Force Majeure. Once normality has been restored, and insofar as is possible, SOLO CONTEMPORARY will contact the Customer to find a solution to allow it to fulfil its obligations.
The Customer acknowledges and accepts that all products purchased are protected by intellectual property rights. The Customer may not use the purchased products where they infringe protected intellectual property rights.
GOVERNING LAW AND JURISDICTION
These General Terms and Conditions of Sale, and the sale of SOLO CONTEMPORARY products, are subject to Spanish law.
Should SOLO CONTEMPORARY fail to respond to a written claim submitted by the Customer within a reasonable timeframe, or should it not be possible to reach an amicable agreement in relation to a dispute between the Customer and SOLO CONTEMPORARY, any litigation concerning the interpretation, compliance or non-compliance of the agreement between SOLO CONTEMPORARY and the Customer will be exclusively heard by the Spanish courts.
For any queries, please contact:
Plaza de la Independencia, 5; 28001 Madrid