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Terms and conditions of sale

APPLICATION OF THE GENERAL CONDITIONS OF SALE

These conditions regulate the use of the https://www.faincost.eu/es service.  Customers who place orders through the https://www.faincost.eu/es website fully accept the General Terms and Conditions of Business, which are described in this General Terms and Conditions section. These conditions are binding on both parties, the company and the consumer.

These conditions may be modified without prior notice, with those published at the time the service is used prevailing.

Please read these Terms and Conditions carefully before using this website. By using this website or placing an order through this website, you agree to be bound by these Terms and Conditions and if you do not agree to all of the Terms and Conditions, you should not use this website.

APPLICABLE REGULATIONS

These General Conditions are subject to the provisions of Law 3/2014, which amends the revised text of the General Law for the Defence of Consumers and Users (LGDCU), Organic Law 15/1999 on the Protection of Personal Data, Law 7/1996 on the Regulation of Retail Trade, and Law 34/2002 on Information Society Services and Electronic Commerce.

PERSONAL DATA AND ACCESS TO THE WEBSITE

This website is operated under the name Interiorismo Distribuciones Faincost S.L., (hereinafter Faincost) with registered office at Calle Nueva del Carmen 38 Office 3B 47011 Valladolid, according to entry 1440 of journal 108, caused the 1st inscription of the sheet VA-33356, folio 75 of volume 1620 of the file, of the General Section of Companies, dated September 6, 2022 and NIF B72472426.

The information or personal data provided by the customer will be treated in accordance with the provisions of the Privacy Policy. By using this website, the customer consents to the processing of such information and data and declares that all information or data provided is true and corresponds to reality.

USE OF THE WEBSITE

By using this website and/or placing orders through this website the customer agrees to:

To use this website only to make legally valid enquiries or orders.

Not to place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, Faincost may cancel it and inform the relevant authorities.

To provide your e-mail address, postal address and/or other contact details truthfully and accurately. You also agree that Faincost may use this information to contact you if necessary (see our Privacy Policy).

If the customer does not provide all the information Faincost requires, the order cannot be processed.

SERVICE AVAILABILITY

The items offered through this website are only available for delivery to mainland Spain.

No contract will exist between the customer and Faincost in relation to any product until the order has been expressly accepted by Faincost. If the customer's order is not accepted and the customer's account has already been debited, the amount of the order will be refunded in full.

To place an order, the customer will follow the steps of the online purchase procedure and click on "Authorise payment". After this, they will receive an e-mail confirming receipt of their order (the "Order Confirmation"). This does not imply that the order has been accepted, as all orders are subject to prior acceptance by Faincost, of which the customer will be informed via an email confirming that the product is being shipped ("Shipping Confirmation").

LEGAL WARRANTY

All articles offered on https://www.faincost.eu/es are covered by a legal guarantee.

PRODUCTS

All the products on sale in https://www.faincost.eu/es are new and include original seals, keeping the original content proposed by the manufacturer. The content of the products offered on our website will not, under any circumstances, be altered or manipulated. Faincost does not offer the option of shipping with gift packaging.

PRESENTATION OF THE PRODUCTS

The products offered on https://www.faincost.eu/es are described and presented as accurately as possible, but Faincost, within the limits of the law, cannot guarantee that this presentation is the final presentation of the article and assumes no liability for any inaccuracy of the information contained in the product sheets of the articles offered.

AVAILABILITY OF ARTICLES

The articles visible on the site are only available if they are in stock. In the event that an item purchased is out of stock, Faincost reserves the right to provide information on substitute products.

If the customer does not wish to place a replacement order, he/she may request a refund of the sums paid at no cost to the latter.

PRICE OF THE PRODUCTS

All product prices are inclusive of VAT. The price of the products does not include transport charges or those derived from the type of payment, if applicable.

The price of each product will be the price stipulated at all times on https://www.faincost.eu/es, except in the case of manifest error. Errors in prices may occur. If the administrators of Faincost discover an error in the price of any of the products that the customer has ordered, either the price on the product sheet or a price error due to programming at the time of processing, the customer will be informed as soon as possible and will be offered the option to reconfirm the order at the correct price or cancel it. If the customer cannot be contacted, the order will be considered cancelled and the amounts paid by the customer will be refunded in full.

In the case of those products that have a special price that includes free shipping, this price will only be applicable to the territory of peninsular Spain.

Faincost shall have no obligation to supply any product at the incorrect lower price (even after sending the Shipping Confirmation) if the error in the price is obvious and unequivocal and could have been reasonably recognised by the customer as an incorrect price.

Faincost reserves the right to change its prices at any time. In the event of a price change, the products shall be invoiced at the price in effect at the time the order was placed.

VALUE ADDED TAX

In accordance with the provisions of article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the supply of the articles shall be understood to be located in the territory where Spanish VAT is applicable. The applicable VAT rate shall be that legally in force at any given time depending on the specific article in question.

VALIDITY OF PRICES

Our prices are only valid for consumers with a delivery address in mainland Spain.

HOW TO BUY

The customer can make a purchase by placing the cursor over the photograph of any product and select the number of units desired and click on the option "Buy" or on the basket icon or make the purchase once you have opened the file of any product where you can see detailed information on the product by clicking on the option "Add to Basket". If you wish to continue shopping, simply exit the tab and search for any other product you wish. If you wish to finalise your purchase, choose the option "Checkout" which will take you to the Shopping Basket.

Once in the shopping basket you can modify the number of units of each selected product using the "+" and "-" buttons that appear on the line of each product. Here the total cost of the chosen products and the associated shipping costs and the discount in case the buyer uses a coupon are shown. If you want to add more items to the shopping basket, just use the option "Continue Shopping" and once you have added all the desired products to the basket, click on "Continue".

If you have not logged in before or if you are not registered, you can do so here. In the case of registered users, they only have to enter their email and password in the "I am already a user" section and click on the "Sign in" button and in the case of new users, they must choose the other option and fill in the requested fields, accept the Privacy Policy and click on the "Send" button.

In the case of new users, once registered, the purchase summary is displayed again in case you need to make any changes or enter a discount coupon. Click on "Process Order" and on the next screen you will see the summary of the order, the shipping information with its deadlines and choose the desired payment option: Credit Card or Bank Transfer. On this same screen we can modify the invoicing details and add new addresses. Click on the button to accept the Conditions of Sale and then click on "Finalise Purchase". The user will receive an e-mail with all the details of the order.

Faincost will send an email to your email address with the order details so that the customer can check that all the information is correct. It is recommended that the customer checks that the shipping and billing details are correct to avoid problems and delays in delivery. If your email address is Hotmail, Yahoo, Terra, Gmail, etc. it is possible that this message may arrive in "Junk Mail" or "Spam". The customer should check these inboxes if the confirmation email takes a long time to be received. You should also include Faincost in the list of safe senders.

REFUSAL TO PROCESS AN ORDER

Faincost reserves the right to remove any product from the website at any time and to remove or modify any material or content of the website. Exceptional circumstances may occur that require Faincost to refuse to process any order after the Order Confirmation has been sent, and Faincost reserves the right to do so at any time, at its sole discretion.

Faincost reserves the right to cancel any order that has been placed but whose delivery address is not within the shipping zones available at the time the order was placed.

Faincost is not liable to the customer or any third party for removing any product from the website, whether or not such product has been sold, removing or modifying any material or content of the website, or for refusing to process an order once the Order Confirmation has been sent.

PAYMENT METHODS

Faincost offers the following payment methods:

Transfer: Payment by transfer will not involve any additional charge on the order placed in Faincost, but may involve extra charges that will be borne by the person making the transfer. The shipment will be made once the payment has been received in Faincost's account. With this method of payment, the shipment of the order may be delayed by 1 or 2 days until the payment is validated. If within five days Faincost has no proof of the transfer, the order will be cancelled. The transfer will be made to the following account: IBAN: ES26 3058 5053 3927 2000 6435. The following must appear on the transfer: Name of the person placing the order and the order number must appear in the concept.

SHIPMENTS AND DELIVERY TIMES

The delivery time of the orders will depend on the destination, being normally of a maximum of 72 hours for peninsular Spain (except for problems derived or external to the transport company) from the confirmation of the same one. Shipments and deliveries are made from Monday to Friday, except holidays. The amount of shipping costs is calculated at the time of placing your order. In the case of special campaigns (Black Friday, Christmas, etc.), delivery times may be affected and may take longer.

If the chosen method of payment is by bank transfer, the shipment of the order may be delayed by 1 or 2 days until the payment is validated.

However, delays may occur for any of the following reasons:

unforeseen circumstances

delivery zone

The current shipping rates at https://www.faincost.eu/es are as follows:

For Spain 48/72 hours (Peninsula): 10€. Free shipping for orders over 99.50€.

(Shipping costs include packaging, handling and shipping of the ordered goods).

If for any reason the delivery date cannot be met, Faincost will inform the customer of this circumstance giving the option to go ahead with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid.

For the purposes of these Conditions, "delivery" shall be deemed to have occurred or the order shall be deemed to have been delivered at the time of signing for receipt of the order at the agreed delivery address.

TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

The risks of the products purchased are transferred to the customer from the moment of delivery.

The customer acquires ownership of the products when Faincost receives full payment of all amounts due in respect thereof, including shipping costs.

CONDITIONS FOR CANCELLATIONS AND RETURNS (RIGHT OF WITHDRAWAL)

Faincost offers its customers the possibility of requesting a refund of their orders if they are not satisfied. For deliveries to mainland Spain, the customer can request a refund of the amount of the order. Transport costs are not refunded.

Conditions for returns:

An order can be cancelled as long as it has not been processed.

To exercise your right of withdrawal, you must contact Faincost by e-mail at office@faincost.eu or by calling our Customer Service Department on +34 636 447 033 to inform them that you wish to return your order.

The customer has a period of 14 days to exercise their right of withdrawal, counting from the date of receipt of the item(s). The right of withdrawal will not apply to products that have been unsealed after delivery, that are not in perfect condition and in their original packaging (Therefore we ask that you send us a photograph of the product to check its condition before the return). Once the condition of the product has been checked, we will proceed to refund the amount except for the shipping costs. If this is not the case, the product will not be returned.

To proceed with the return of an order, the customer must pack the order in the same conditions in which it was received, and the customer will assume the costs of returning the order.

All our shipments are insured against theft, loss or damage. Please check your order upon receipt. If you notice any damage, tampering or signs of moisture in the package upon receipt, please do not accept the order and contact us to resolve the incident.  To ensure a good guarantee service in the insurance of the transport of your goods, any incident must be reported within 24 hours from the time and day of delivery, indicating the order number, the details of the product affected and the damage suffered.

If the product delivered does not match the product ordered, you must inform us immediately. Please contact us through our email (office@faincost.eu), our Customer Service telephone (+34 636 447 033) or in the contact section of our website and we will process your incident as soon as possible.

In the event that an order is returned by the transport agency after attempting delivery and it has not been possible due to the absence of the recipient, Faincost will refund the amount paid by the customer minus the shipping costs incurred.

LIABILITY AND DISCLAIMER OF LIABILITY

Except as otherwise expressly provided in these Terms and Conditions, Faincost's liability in connection with any product purchased on https://www.faincost.eu/es is strictly limited to the purchase price of such product. Notwithstanding the foregoing, such liability is not excluded or limited in the following cases:

In the event of death or personal injury caused by Faincost's negligence.

In case of fraud or fraudulent misrepresentation.

In any matter in which it would be illegal or unlawful for Faincost to exclude, limit or attempt to exclude or limit its liability.

Notwithstanding the preceding paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, Faincost shall not accept any liability for the following losses, regardless of their origin:

loss of income or sales

loss of business

loss of profits or loss of contracts

loss of anticipated savings

loss of data

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, Faincost does not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise.

To the extent permitted by law, Faincost excludes all warranties, except those that cannot be legitimately excluded vis-à-vis consumers and users.

The provisions of this clause shall not affect the customer's legal rights as a consumer and user, nor its right of withdrawal.

INTELLECTUAL PROPERTY

The customer acknowledges and agrees that all copyright, trademark and other intellectual property rights in any material or content provided as part of https://www.faincost.eu/es shall remain at all times vested in Faincost or its licensors. You may use such material only as expressly authorised by Faincost or its licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.

VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

The customer shall not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging programs or material onto this website. The customer shall not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database related to this website. The customer agrees not to attack this website via a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause could lead to the commission of offences under the applicable regulations. Faincost will report any breach of these regulations to the competent authorities and will cooperate with them in order to discover the identity of the attacker. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.

Faincost shall not be liable for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging programs or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.

WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications Faincost sends you be in writing. By using this website, the customer agrees that most of these communications with us will be electronic. Faincost will contact the customer by e-mail or provide information by posting notices on this website. For contractual purposes, the customer consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Faincost sends to you electronically comply with the legal requirements of being in writing. This condition shall not affect your statutory rights.

NOTIFICATIONS

Notifications sent by the customer should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, Faincost may send communications either by e-mail or to the postal address provided by the customer when placing an order.

Notifications shall be deemed to have been received and to have been properly made at the same time as they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both the customer and Faincost, as well as our respective successors, assigns and successors in title.

The customer may not transfer, assign, record or otherwise transfer a Contract or any of the rights or obligations arising therefrom in its favour or to the customer without having obtained Faincost's prior written consent.

Faincost may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations under it to us or for us at any time during the term of the Contract. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers shall not affect any statutory rights that the customer may have as a consumer or void, reduce or otherwise limit any express or implied warranties that we may have given to you.

EVENTS BEYOND OUR CONTROL

Faincost shall not be liable for any failure or delay in the performance of any of our obligations under a Contract which is caused by events beyond our reasonable control ("Force Majeure Event").

Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:

Strikes, lockouts or other industrial action.

Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.

Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.

Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.

Impossibility of using public or private telecommunications systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Strikes, failures or accidents in maritime or river transport, postal or any other type of transport.

Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract despite the Force Majeure Event.

WAIVER

The failure of Faincost to require strict performance by you of any of your obligations under a Contract or these Conditions or the failure of us to exercise any rights or remedies to which we may be entitled under such Contract or these Conditions shall not constitute a waiver or limitation of any such rights or remedies or relieve you of any such obligations.

No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under the Agreement or the Conditions.

No waiver by us of any of these Conditions or of any rights or remedies under the Contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to you in writing in accordance with the Notices section above.

PARTIAL NULLITY

If any of these Conditions or any provision of a Contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of nullity.

RIGHT OF FAINCOST TO MODIFY THESE CONDITIONS

Faincost has the right to revise and modify these Conditions at any time.

You will be bound by the policies and Conditions in effect at the time you use this website or place each order, unless Faincost is required by law or governmental agency decision to make retroactive changes to such policies, Conditions or Privacy Statement, in which case any such changes will also affect orders previously placed by you.

APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.

Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.

If the customer is contracting as a consumer, nothing in this clause shall affect the customer's rights as a consumer under current legislation.

The European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.  Consumers will be able to submit their complaints through the online dispute resolution platform.

COMMENTS AND SUGGESTIONS

The customer can make their comments and suggestions through our contact form, to our email: office@faincost.eu or on our telephone: +34 636 447 033.

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