Legal Notice

Conditions of Purchase FUN DAS BCN, S.L. website


INTRODUCTION

This document contains the Terms and Conditions governing the use of this website and the contract that binds the two of us - you and us - (hereinafter the "Terms"). These Terms set out the rights and obligations of all users (hereinafter "you" / "your") and FUN DAS BCN, SL (hereinafter "we" / "our" / "the Vendor") in relation to the goods / services offered through this website or any other website to which we may link. We ask that you carefully read these Terms and our Privacy Statement before clicking on the "Authorize payment" for ordering. By using this web site or place an order through it, You agree to be bound by these Terms and our Privacy Statement, so, if you agree with all Terms and the Privacy Statement, not must make any order. These conditions could be modified, so you should read them before making an order. If you have any questions regarding the terms of purchase or the Privacy Policy please see our website or contact us via our contact form.

 

FUN DAS BCN, S.L.
B-65823221
Calle Dalmases, 20 5B
08017 Barcelona

 

USE OF OUR WEBSITE

These Terms are the only conditions applicable to the use of this website and supersede any other, unless prior express written Seller. These conditions are important both for you and for us as they have been designed to create a legally binding agreement between us protect your rights as a customer and our rights as a company. You state that, when ordering, you have read and accepted without reservations the present conditions. You agree that:
-You may only use the website to make inquiries or orders legally valid.
-You can not make any order speculative, false or fraudulent. If we have reasonable grounds to believe that it has placed an order for we shall be entitled to cancel the order and inform the relevant authorities.
-You also undertake to provide us with a true and correct e-mail address, mailing address and / or other contact information and acknowledge that we may use this information to contact you if necessary (see our Statement Privacy).
-If you do not give us all the information we need, we can not complete your order. By placing an order through this website, you warrant that you are 18 years old and are legally capable of entering into binding contracts.

 

HOW THE CONTRACT IS FORMED

To order, follow the shopping process online and click "Authorize payment". After that, you will receive an email acknowledging receipt of your order (the "Confirmation Order"). Note that this does not mean that your order has been accepted, since it is an offer you make to us to buy one or more products. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email that confirms that the product has been dispatched (the "Order Confirmation"). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Order Confirmation. The Contract will only be on those products listed in the Order Confirmation. We will not be obliged to supply any other products that may have been requested until we confirm the shipment of the same in a separate Order Confirmation.

 

PRODUCT AVAILABILITY

All orders are subject to product availability thereof and, in this sense, if there are difficulties in the supply of or no longer in stock, we reserve the right to give you information about substitute products quality and equal or greater value that you can order. If you do not wish to order such substitute products we will reimburse any amount you might have paid.

 

REFUSAL TO PROCESS A REQUEST

We reserve the right to withdraw any products from this website at any time and / or remove or edit any materials or content. While we do our best to process all orders always, there may be exceptional circumstances we may need to refuse to process an order after we have sent the order confirmation, and we reserve the right to do so at any time, at our sole discretion. We will not be liable to you or to any third party by reason of withdrawing any product from this website, regardless of whether the product has been sold or not, remove or edit any materials or content on the website or for refusing to process an order after we sent you the Order Confirmation.

 

RIGHT TO CANCEL THE PURCHASE


If you are contracting as a consumer, you may cancel the contract at any time within 7 days of shipping confirmation of your order. In this case, a refund of the price paid for the products in accordance with our Returns Policy. Your right to cancel a Contract shall apply exclusively to those products that are returned in the same condition in which you received them. You must also include all instructions, documents and packaging of products. There will be no refund if the product has been used or is damaged, so you should be careful with the / the product / s while in their possession. You will not have any right to cancel a Contract for the supply of any of the following products: personalized items.

 

DELIVERY


Without prejudice to the foregoing and unless extraordinary circumstances, we will try to send the request / the product / s listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if were not specified any delivery date, within 7 days from the date of the Order Confirmation. If for some reason we can not meet the delivery date, we will inform you of this and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. Please note however that we do not deliver on Saturdays or Sundays. For the purposes of these Conditions, be deemed to have "delivery" or he / the product / s have been "delivered / s" at the time of signing the receipt thereof in the agreed delivery address.

 

UNDELIVERABLE


All orders are sent via registered post to monitor the progress of delivery of your order. If the postman can not find the recipient at the place of delivery,  he will leave you receipt to notice you that the package is for a period of 15 days at the nearest post office to your delivery address. After 15 days have passed, the parcels will be sent back to their place of origin.

 

RISK AND PROPERTY


From the time of delivery to your address, you will be responsible of the damage of the products. You will acquire the ownership of the goods when we receive full payment of all amounts due in connection therewith, including shipping.

 

PRICE AND PAYMENT


The price of the products will be as stipulated at all times on 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 an error in the price of the products that you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be canceled and you will receive a full refund that you would have been paid. We will not be obliged to supply the / the product / s to incorrect lower price (even though we have sent you the Order Confirmation) if the pricing error is obvious and unmistakable and could have been reasonably recognized by you as incorrect price. The prices on the website include VAT but exclude shipping costs, to be added to the total amount due as set out in our Delivery Costs Guide. Prices may change at any time, but (except as noted above) changes will not affect orders in respect of which we have already sent you a Order Confirmation. Once you have made your purchases, all items you wish to purchase are added to your cart and the next step will be processing the order and make payment.

 

You can make payment by Visa, Mastercard, American Express and PayPal. To minimize the risk of unauthorized access, credit card data will be encrypted. Once we receive your order, we will pre-authorize your credit card to ensure there are sufficient funds to complete the transaction. By clicking "Authorize Payment" you are confirming that the credit card is yours. Credit cards are subject to validation checks and authorization by the issuer of the same, but if the issuer fails to authorize payment, we are not responsible for any delay or failure to deliver and not able to form a Contract with you.

 

VALUE ADDED TAX


Under current legislation, all purchases done through the web site are subjected to value added tax (VAT), except those bound for the Canary Islands, Ceuta and Melilla. In this regard and pursuant to Chapter I of Title V of Directive 2006/112 of the Council of 28 November 2006 on the common system of VAT, delivery is deemed to be within the Member State that were on the address delivery of goods, with the VAT at the prevailing rate in each member State where items are to be supplied with each order. Under the rules applicable in each jurisdiction, in the supply of goods made in certain member countries of the European Union to a recipient businessman or professional, could be applicable rule "reverse charge" (article 194 of Directive 2006 / 112) that would not impact the VAT by ITX E-Commerce Ireland Limited, subject to the obligation of the recipient auto-passed the tax due on the transaction. For orders bound for the Canary Islands, Ceuta and Melilla, deliveries be found exempt from VAT pursuant to Article 146 of the Directive, without prejudice to the application of taxes and custom duties pursuant to current regulations each.

 

POLICY CHANGES / REFUNDS


If you want to cancel the contract within 7 days, you can return the goods by sending the order just as you receive it, in an envelope and sent by certified mail. You should contact us through our refund request so we can arrange the collection at your address. The cost of the return will be supported by the customer. If you have any questions, please contact us through our contact form.

 

LIABILITY AND DISCLAIMERS


Our liability in connection with any product purchased on our website is strictly limited to the purchase price of such Product. Nothing in these Terms shall exclude or limit in any way our responsibility.
 
Without prejudice to the previous paragraph and in so far as permitted by law, and unless these Conditions provide otherwise, will not accept any liability for consequential damages that occur as a side effect of the loss or major damage, arising in any way, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including but not limited to the following:
-Loss of income or revenue;
-Loss of business;
-Loss of profits or contracts
-Loss of anticipated savings;
-Loss of data;
-Waste of time-management 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 establishment expressly stated therein. All product descriptions, information and materials contained in this site are provided "as is where is" and without warranties express, implied or arising in any other way. To the extent possible as permitted by law, we exclude all warranties leaving except those warranties which may not lawfully be excluded against consumers. The provisions of this clause does not affect your statutory rights as a consumer, or your Contract cancellation rights.

 

INTELLECTUAL PROPERTY


You acknowledge and agree that all copyright, trademark and other intellectual property rights in all material or content supplied as part of the website belong to us at all times or our licensors. You may use this material only on the way expressly authorized by us or our licensors who use it. This does not prevent you using this website to the extent necessary to copy the information on your order or Contract details.

 

WRITTEN COMMUNICATIONS


Applicable laws require that some of the information or communications we send you have to be written down. By using this website, you agree that most of our communications will be electronic communications. We will contact with you via email or we will provide information hanging notices on this site. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically satisfy the legal requirements to be written. This condition does not affect your statutory rights.

 

NOTICES


The notifications that you send us should be sent preferably via our contact form and unless otherwise stated, we may give notice either by e-mail or to the postal address you provide to us when placing an order. It is understood that the notifications have been received and properly served on the moment when posted on our website, 24 hours after an e-mail sent, or three days after the date of posting of any letter. To prove that the notice has been made, will be sufficient to prove, in the case of a letter, that was the right direction, was properly sealed and that was duly delivered by email or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

 

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 a Contract or any rights or obligations arising under it for or for you, without obtaining our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any rights or obligations arising under it for us or for us, at any time during the term of the Contract. For avoidance of doubt, such transfers, assignments, liens or other transfers will not affect the rights that you have as consumers recognized by law or canceled, reduced or otherwise limited warranties whether expressed or implied, we could have granted them.

 

EVENTS BEYOND OUR CONTROL


We will not be responsible for any failure or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure"). The Force Majeure Event includes any act, event, lack of exercise, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
-Strikes, lockouts or other industrial action.
-Civil commotion, riot, invasion, terrorist attack or threat of terrorism, war (whether declared or not) or threat or preparation for war.
-Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
-Inability to use trains, ships, aircraft, motor transport or other means of transportation, public or private.
-Inability to use of public or private telecommunications networks.
-Acts, decrees, legislation, regulations or restrictions of any government.
-Strike, failure or accidents borne transport, postal or other transportation.
They understood that our compliance obligation under any Contract is suspended during the period that the Force Majeure Event continues, and we will have an extension in the time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure or to find a solution by which our obligations under the Contract despite the Force Majeure.

 

DISCLAIMER


If during the term of a Contract, we stopped insisting on strict compliance with any of its obligations under it or any of these Terms, or if we stopped exercise any of the rights or remedies that we were entitled to exercise or filing under this Contract or these Conditions shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. The resignations we do to enforce shall not constitute a waiver by us of requiring subsequent fulfillments. No waiver by us of any of these Terms shall be effective, unless expressly stipulated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

 

SEVERABILITY


If any of these Conditions or any provisions of a Contract are held to be invalid, illegal or unenforceable in any action by the competent authority, be severed from the remaining terms and provisions shall remain valid to the extent that the law permits it.

 

ENTIRE AGREEMENT


These Terms and any document expressly referred to in them represent the entire agreement between you and us relating to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or writing. You and we acknowledge having agreed to enter into this Agreement without reliance on any statement or promise made by the other party or that could be inferred from any statement or written in the negotiations between the two prior to such Contract except that which is expressly referred to in these conditions. Neither you nor us shall have any remedy in respect of any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless such untrue statement had made fraudulently) and the only recourse available to the some will be for breach of contract as provided in these Conditions.

 

OUR RIGHT TO MODIFY THESE CONDITIONS


We have the right to revise and amend these Terms at any time. You will be subject to the policies and Conditions in force at the time they order products, unless by law or governmental authority we should make changes to those policies, Terms or Privacy Statement, in which case it will apply to orders you have previously made.

 

LAW AND JURISDICTION


Contracts for the purchase of products through our site will be governed by Spanish law. Any dispute arising from or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this clause shall affect the rights recognized him as such legislation.