INDUSTRIAS SOMBRERERAS ESPAÑOLAS S.A.
POL. IND. LOS LLANOS
C/CASTILLA LA MANCHA 202
41909 SALTERAS, SEVILLE
Merc. Reg. of Seville, Page 79, Volume 208, Companies Register, Sheet 2.619
PLEASE READ THESE CONDITIONS CAREFULLY
These General Conditions will expressly regulate relations between INDUSTRIAS SOMBRERERAS ESPAÑOLAS S.A., POL. IND. LOS LLANOS C/CASTILLA LA MANCHA 202. 41909 SALTERAS, SEVILLE (hereinafter, “FERNÁNDEZ&ROCHE”) and third parties (hereinafter, “Users”) who register as users and/or purchase products through the online store of FERNÁNDEZ&ROCHE’s official website (https:// www.fernandezyroche.com”, hereinafter the “Store”).
2. OBLIGATIONS OF THE USER
2.1 The User undertakes, in general, to use the Store to purchase Products and to use each of the services of the Store diligently, in accordance with the law, morality, public order and the provisions of these General Conditions, and shall also refrain from using them in any way that could impede, damage or deteriorate the normal functioning and enjoyment of the Store by Users or that could injure or cause damage to property and rights of FERNÁNDEZ&ROCHE, its suppliers, Users or, in general, of any third party.
3. PRODUCTS AND PRICES
3.1 FERNÁNDEZ&ROCHE reserves the right to decide, at any given time, on the Products offered to Users through the Store. In particular, FERNÁNDEZ&ROCHE may at any time add new Products to those offered or included in the Store, it being understood that unless otherwise provided, these new Products shall be governed by the provisions of these General Conditions. Likewise, FERNÁNDEZ&ROCHE reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the different kinds of Products offered in the Store.
3.2 The Products included in the Store will correspond in the most reliable manner possible that the web display technology allows to the Products actually offered. The characteristics of the Products and their prices appear in the Store. The prices indicated in the Store are in Euros and include VAT, unless otherwise indicated.
4. PRODUCT PAYMENT METHOD AND PROCEDURE
4.1 Within a maximum period of forty-eight (48) hours, FERNÁNDEZ&ROCHE shall send the User an e-mail, confirming the purchase. This e-mail will assign a reference code to the purchase, and will detail the characteristics of the Product, its price, the shipping costs and the details of the different options to make the payment for the Products to FERNÁNDEZ&ROCHE.
4.2 Users who purchase a product through the Store must make the payment through the payment systems specifically detailed in the Store. The payment systems are as follows: payment by card and through PayPal.
4.3 FERNÁNDEZ&ROCHE will file the e-documents in which the contract is executed, sending a copy to the User once the purchase is made. The contract shall be executed in Spanish.
4.4 Confirmation of the order sent by FERNÁNDEZ&ROCHE is not valid as an invoice, but only as proof of purchase. FERNÁNDEZ&ROCHE shall send the corresponding invoice with the Product.
5. RIGHT OF WITHDRAWAL
5.1 The user has the right of withdrawal and, for this purpose, they may contact FERNÁNDEZ&ROCHE through the following e-mail address: tiendafyr@isesa.es and withdraw from the purchase within a period not exceeding fourteen (14) business days, counting from the day on which the product is received. The Product must be sent along with the return form duly completed and a copy of the delivery note or invoice, duly completed, with the cost of returning the Product being at the User’s expense.
5.2 Withdrawal involves the refund of the amount paid; if the return period is less than four business days, the amount paid will be refunded and if that period is exceeded, a refund in the form of a voucher will be issued for the amount paid. The refund for the amount shall be made through bank transfer and the term for this payment shall be that established in the Law, as soon as possible and within a maximum of 7 days.
6. CUSTOMER SERVICE
6.1 For any incident, claim or exercise of their rights, the User may send an e-mail to the following address: tiendafyr@isesa.es.
In any case, claim sheets shall be available for the customer at the physical address of the store: C/Rosario 17, 41001, Seville.
7. HOME DELIVERY SERVICE
7.1 The territorial sphere of sales through the Store is for any territory. Products purchased through the Store will be sent to the delivery address indicated by the User once the payment has been verified, with a maximum delivery time of 1-7 days (except for offers and sales).
In offers and sales we retain the right to modify the delivery times, with these being between 2 and 15 days.
7.2 The FERNÁNDEZ&ROCHE delivery service is carried out in collaboration with different logistics operators of recognised prestige. Orders will not be delivered to PO Boxes or hotels or other non-permanent addresses. FERNÁNDEZ&ROCHE shall not be liable for delays in deliveries due to the management of third parties, such as logistics agencies, import delays or customs management.
7.3 The cost of deliveries shall be at the expense of FERNÁNDEZ&ROCHE provided that more than €100 is spent. The costs of returns shall be borne by the customer. In case of being ordered abroad, return postage shall always be borne by the customer.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1 The User acknowledges that all the elements of the Store and of each of the Products, the information and materials contained in them, the brands, the structure, selection, arrangement and presentation of their contents, and the IT programs used in relation to them are protected by the intellectual and industrial property rights of FERNÁNDEZ&ROCHE itself or of third parties, and that the General Conditions do not attribute to them, with respect to these industrial and intellectual property rights, any right other than those specifically envisaged therein.
8.2 Unless authorised by FERNÁNDEZ&ROCHE or, where appropriate, by third party holders of the corresponding rights, or unless this is legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow access to the public through any method of public communication of any of the elements referred to in the foregoing paragraph. The User shall use the materials, elements and information accessed through the use of the Store solely for their own needs, being obliged not to directly or indirectly commercially exploit the materials, elements and information obtained through them.
8.3 The User shall refrain from avoiding or manipulating any technical devices established by FERNÁNDEZ&ROCHE or by third parties in the Store.
9. DATA PROTECTION
9.1 In compliance with Law 15/99 LOPD (Organic Data Protection Law), we inform you that your personal data and other information provided through the registration form, as well as that from transactions carried out, will be included and kept in a file for processing, under the property of FERNÁNDEZ&ROCHE, unless their cancellation is requested. The processing will be intended for the development and execution of the sale, the personalised attention of the products and services acquired and the improvement of this attention, as well as for the promotion of own products and services and those of third companies related to FERNÁNDEZ&ROCHE.
The User expressly authorises FERNÁNDEZ&ROCHE to send, including through electronic means, commercial communications and offers and promotional competitions by FERNÁNDEZ&ROCHE and the aforementioned entities.
9.2 At any moment, the User may exercise their rights to access, correction, objection or cancellation by writing to FERNANDEZ Y ROCHE, C/ROSARIO 17, 41001 SEVILLE or by sending an e-mail to tiendafyr@isesa.es, attaching a copy of their Tax Identification Number or alternative identification document.
9.3 Responses marked with * on the registration form are mandatory. A lack of response will prevent the purchase of the selected products being made.
10. COOKIES
10.1 FERNANDEZ&ROCHE uses cookies in order to improve their services, facilitate browsing, maintain security, verify the identity of the User, facilitate access to personal preferences and track their use of the Store. Cookies are files installed on the hard disk of the computer or in the memory of the browser in the folder preconfigured by the operating system of the User’s computer to identify them.
10.2 If the User does not want a cookie to be installed on their hard disk, they must configure their Internet browser software to not receive them. Likewise, the User may destroy the cookies freely. If the User decides to deactivate the cookies, the quality and speed of the service may decrease and, they will even lose access to some of the services offered in the Store.
10.3 APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by Spanish law. The parties submit, at their own choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s home address.