GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website, http://alefairyland.com, (hereinafter Web Site) is held by: Ale Fairyland, and whose contact information is:
Contact email: email@example.com
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (http://alefairyland.com) and the purchase or acquisition of products and / or services in the same (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that Ale Fairyland develops through the Website includes:
Jewels and accessories
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the moment in which the acquisition of products and / or services is requested will apply.
For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, since the navigation of the Website begins, all the Conditions herein established, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website solely for inquiries and purchases or legally valid purchases.
- Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
- Provide truthful and lawful contact data, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed primarily at Users residing in Spain. Ale Fairyland does not ensure that the Website complies with the laws of other countries, either totally or partially. Ale Fairyland declines any responsibility that may derive from said access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at his election, with Ale Fairyland the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the Website by the means and established forms. They must follow the online purchase and / or acquisition procedure of http://alefairyland.com, during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on “FINISH PURCHASE”.
Likewise, the User must fill out and / or verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Ale Fairyland has received their order or request for purchase and / or provision of the service, that is, the order confirmation. And, in your case, you will be informed, also, by email when your purchase is being sent. In your case, this information may also be made available to the User through your personal space of connection to the Website.
Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice that will be sent to the User through the electronic mail, and where appropriate, through his personal space of connection to the Website. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it to Ale Fairyland using the contact spaces of the Website or through the contact information provided above.
The User acknowledges to be current, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / or cost of
benefits; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Ale Fairyland through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and / or the Provision of services. If there are difficulties in the supply of products or no products remain in stock, Ale Fairyland agrees to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the rendering of a service becomes unrealizable.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.
However, unless otherwise indicated, otherwise the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due to the time of handling the shipping procedure by the User, and where it will consult the methods and shipping costs available and freely choose the one that suits you.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
The means of payment accepted will be: Credit or debit card, and PayPal.
Ale Fairyland uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Ale Fairyland will not be responsible for any delay or failure to deliver and may not enter into any agreement with the User. .
Once Ale Fairyland receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the moment in which the User is sent the confirmation of delivery and / or confirmation of the service that is provided in the form and, where appropriate, established place.
If the means of payment is Paypal, the charge will be made at the time that Ale Fairyland sends a confirmation of the purchase order or purchase of products and / or services to the User.
In any case, by clicking on “FINISH PURCHASE” the User confirms that the payment method
used is yours.
In the cases in which the physical delivery of the contracted good is required, deliveries will be made within the following territory: World.
Except for those cases in which there are unforeseen or extraordinary circumstances or, as the case may be, arising from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the term indicated on the Website. the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, that was attributable to him, Ale Fairyland could not comply with the delivery date, he will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the total refund of the price paid. In any case, home deliveries are made on weekdays.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he must contact Ale Fairyland to arrange delivery another day.
In the event that 30 days have passed since your order is available for delivery, and has not been delivered for reasons not attributable to Ale Fairyland, Ale Fairyland will understand that the User wishes to withdraw from the contract and this will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of the additional costs resulting from the User’s own choice of a delivery method different from the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him / her.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited through the signature of the reception of the order at the agreed delivery address.
The risks that the products could derive will be borne by the User from the moment of delivery.
The User acquires ownership of the products when Ale Fairyland receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the complete receipt of the amount object of payment by Ale Fairyland.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canarias, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.
In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common VAT system, purchase orders will be located, for delivery and / or benefit , in that Member State of the European Union in which the address appearing in the purchase order is located and, therefore, the applicable VAT will be that valid in that Member State.
In the orders with destination to the Canary Islands, Ceuta and Melilla, the deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with the current regulations in each of these territories. The User must take into account that in these territories there may be situations in which taxes and customs duties are applied and accrued at the destination, in accordance with the regulations in force, and that these could be on their side.
For the rest of the locations, different from the previous ones, where the purchase orders are located, for delivery and / or provision, the current regulations will be applied at all times; The User must bear in mind that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at the destination, and that these could be on their side. For more information, the User must go to the customs office at destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he detects that an error has occurred when entering necessary data to process his purchase request on the Website, he may modify them by contacting Ale Fairyland through the contact spaces enabled on the Website, and, where appropriate, through those authorized to contact the customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on “FINALIZE PURCHASE”, has access to the space, cart, or basket where they are writing down their purchase requests and can make changes.
In cases where the User purchases products on or through the owner’s Website, they are assisted by a series of rights, as listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to desist from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by it, other than the carrier, acquired the material possession of the goods acquired on the Ale Fairyland Website or in the event that the goods that make up your order is delivered separately, 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of it is a service contract, 14 calendar days from the day of conclusion of the contract.
To exercise this right of withdrawal, the User must notify his decision to Ale Fairyland. You may do so, where appropriate, through the contact spaces enabled on the Website or through:
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to desist from the purchase contract. In any case, the User may use the form of withdrawal form that Ale Fairyland makes available as part of these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.
In case of withdrawal, Ale Fairyland will reimburse the User for all payments received, including shipping costs (with the exception of the additional expenses chosen by the User for a different mode of delivery to the less expensive mode offered on the Website) without no undue delay and, in any case, no later than 14 calendar days from the date on which Ale Fairyland is informed of the decision to withdraw by the User.
Ale Fairyland will reimburse the User using the same method of payment that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Ale Fairyland may withhold said reimbursement until the products or articles of the purchase have been received, or until the User submits a proof of the return of the same, depending on which condition is met first.
The User can return or send the products to Ale Fairyland in:
And must do so without undue delay and, in any case, no later than within 14 calendar days from the date on which Ale Fairyland was informed of the decision to withdraw.
The User acknowledges that they must assume the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. Enunciatively, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as sealed at the factory; products that for health or hygiene reasons are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not attend Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by Ale Fairyland, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.
In the following link you can download the Model withdrawal form:
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the stipulations of the contract or purchase order, and that, therefore, he should contact Ale Fairyland immediately and let you know the existing disagreement (defect / error) by the same means or using the contact data provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, if applicable, the replacement thereof. .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is applicable.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, it will always be the rights recognized in the current legislation at all times for the User, as consumer and user.
The User, as consumer and user, has guarantees about the products that can be purchased through this Website, under the terms legally established for each type of product, responding Ale Fairyland, therefore, for the lack of conformity of the same as that manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided they: conform to the description made by Ale Fairyland and possess the qualities presented in it; be suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, they must proceed as indicated in the section Return of defective products or error in the shipment. However, some of the products that are marketed on the Website, may present nonhomogeneous characteristics as long as they derive from the type of material with which they were manufactured, and that therefore will be part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could happen that the User acquires a product from a brand or manufacturing by a third party on the Website. In this case, and considering the User that it is a defective product, this also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right of legal guarantee directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Ale Fairyland will not accept any responsibility for the following losses, regardless of their origin:
- any losses that were not attributable to any breach on your part;
- business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred);
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
Likewise, Ale Fairyland also limits its responsibility regarding the following cases:
- Ale Fairyland applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that are used or others of this nature.
- Ale Fairyland will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific to the sector, resulting in delays, losses or theft of the product.
- Technical failures that due to fortuitous causes or of other nature, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Ale Fairyland puts all the means at its disposal in order to carry out the process of purchase, payment and delivery / delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
- Ale Fairyland will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Ale Fairyland will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, Ale Fairyland will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when the same is due to events that are beyond its reasonable control, that is to say, that they are due to force majeure, and this may include, but not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Ale Fairyland will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event. Ale Fairyland will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Ale Fairyland are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that Ale Fairyland send electronically comply with the legal requirements of being in writing.
This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Ale Fairyland through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Ale Fairyland can contact and / or notify the User in his or her email address or in the postal address provided.
No waiver of Ale Fairyland to a specific right or legal action or lack of requirement by Ale Fairyland of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor exempt the User from compliance with its obligations.
No waiver of Ale Fairyland to any of the present Conditions or to the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and Ale Fairyland in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parts.
The User and Ale Fairyland acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to Ale Fairyland in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this Website and the contracts to purchase products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Ale Fairyland and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send to Ale Fairyland their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Ale Fairyland has official complaint forms available to consumers and users, and they can request Ale Fairyland at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if from the conclusion of this purchase contract between Ale Fairyland and the User emanates a dispute, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and the Council , of May 21, 2013, on resolution of online litigation in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modified: April 13, 2019