INTRODUCTION
This document (together with all the documents in it above) establishes the conditions that govern the use of this web site www.forzudo.es and the purchase of products in the same (hereinafter, the «terms»). Read these terms, our Cookies policy and our privacy policy carefully before using this website. To use this web site or place an order through it aware to be bound / for these conditions and by our data protection policies, so if not agree with all the conditions and data protection policies You must not use this website. If you have any questions, please do not hesitate to get in touch with us through our contact ways. The contract can be formalized, at your choice, in any of the languages in which the conditions are available on this web site.
If you have any questions, please do not hesitate to get in touch with us through our contact ways. The contract can be formalized, at your choice, in any of the languages in which the conditions are available on this web site.
The contract may be concluded, at your option, in any of the languages in which the Conditions are available on this website.
OUR DATA
Our data selling items through this web site is performed under the name FORZUDO by Forzudo SL, Spanish society settled in Avenida de Portugal, 3.4 km, 24403 Ponferrada, León, Spain, registered in the Registro Mercantil de León, Tomo 1317, Libro 0, Folio 63, sheet-24659, inscription 1a and NIF B24703597 with phone 0034 693-925-779 and email
YOUR DATA AND VISITS TO THIS WEB
The information or personal data which you provide about yourself will be treated pursuant to the provisions of the data protection policies. To make use of this website aware the treatment of such information and data and declare that all information or data you provide are accurate and correspond to the reality.
USE OF OUR WEB SITE
1. 1. Make use of this web site only to perform queries or legally valid orders.
2. Do not make false or fraudulent orders. If you could reasonably be considered that an order of this kind has been made we will be authorized to cancel it and report to the relevant authorities.
3. Please provide your address email, mailing address and/or other contact details for a truthful and accurate. Also, aware that we will make use of such information to get in touch with you if necessary (see our privacy policy). If not provide us the information we need, we will not place your order. To place an order through this website, you declare to be 18 years of age and have legal capacity to enter into contracts.
AVAILABILITY OF THE SERVICE
Items that are offered through this website are only available for shipment to the Iberian Peninsula and Balearic Islands, Ceuta and Melilla.
HOW TO MAKE AN ORDER
To place an order, you must follow the procedure for purchase online and make click on «Checkout», enter your data, choose the mode of payments among those available and click on «Place order». After this, once payment is confirmed it will be shipped.
AVAILABILITY OF PRODUCTS
All orders are subject to the availability of the products. If any difficulties in terms of the supply of products or items are not in stock, we will automatically refund any amount you could have paid.
DELIVERY
Unless circumstances arising from the personalization of products exist, or unforeseen or extraordinary circumstances occur we will send you the order consisting of the related product (s) in each confirmation of shipping in a period not more than 5 days.
If for some reason we could not meet the delivery date, we will inform you of this fact and we will give you the option of go ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, we make no Saturdays nor Sundays home deliveries, or the holidays.
For purposes of these terms and conditions, means «delivery» has occurred or that the order has been «delivered» at the time in which you or a third party indicated by you acquires the material possession of the products, which will be credited through the signature of reception the order at the delivery address given…
IMPOSSIBILITY OF DELIVERY
If it is impossible to make the delivery, we will try to find a safe place to leave it and will attempt to delivery at another time.
TRANSMISSION OF RISK AND PROPERTY
Risks of products will be to your office from the time of delivery.
You will acquire the ownership of the products when we receive full payment of all amounts due in connection with them, including shipping, or at the time of delivery, if it took place at a later time.
PRICE AND PAYMENT
The website prices include VAT and include shipping costs in the Iberian Peninsula, Balearic Islands and Ceuta and Melilla, (excluding Canary Islands. Shipping to Europe available on ) there are shipping charges which will be added to the total amount due the prices can change at any time, but (except as provided above) possible changes will not affect orders regarding those who already we have sent you an order confirmation.
Once you have selected all the items you wish to buy, these will be added to your shopping cart and the next step will be to process the order and make the payment. To do so, you must follow the steps of the buying process, filling or by checking the information requested in each step. Also during the buying process, before making the payment, you can modify the data of your order.
It can be used as a means of payment bank transfer and PayPal.
By clicking «Place order» you are confirming your purchase.
TAX ON THE VALUE ADDED (VAT) AND BILLING
In accordance with the provisions of article 68 of the law 37/1992 of 28 December, the value added tax (VAT), delivery of items shall be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except Ceuta and Melilla. The applicable VAT rate will be the legally applicable at each time according to the specific article in question. Orders destined to Ceuta and Melilla, the deliveries will be VAT exempt by application of the provisions of article 21 of law 37/1992, without prejudice to the application of taxes and related tariffs in accordance with the regulations in force in each of these territories. Expressly authorizing us to issue the invoice in electronic form, but you can tell us at any time you will receive an invoice on paper, in which case we will issue and send you the invoice in this format.
POLICY OF RETURNS
1. Legal right to withdraw from the purchase./strong>
Right of withdrawal.
If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without justification.
The withdrawal period shall end at the 14 calendar days from the day that you or or a third party by you indicated, other than the carrier, purchased the material possession of the goods or in case that the assets that make up your order are delivered separately, the 14 calendar days the day that you or a third for you indicated, other than the carrier, purchased the material possession of the last of those goods.
To exercise the right of withdrawal, you must notify us at Forzudo, address, Avenida de Portugal, 3.4 km, 24403 Ponferrada, León, Spain Telephone:+34 693-925-779, writing to us at the email address , your decision to withdraw from the contract to through a clear statement (for example, a letter sent by post or email). To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding term expires.
Withdrawal consequences.
In the event of your withdrawal, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a different mode of delivery than the less expensive mode of delivery we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such refund using the same payment method used by you for the initial transaction. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may retain the reimbursement until we have received the goods, or until you have submitted proof of the return thereof, depending on which condition is met first.
You must return or deliver the products directly to us. The term shall be deemed to have been fulfilled if it returns the goods before the expiration of said period.
2. Common provisions.
You will not have the right to withdraw from the contract for the purpose of supplying any of the following products:
– Goods sealed for hygiene reasons that have been unsealed after delivery.
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of it, of products that are not in the same conditions in which they were delivered or that they have suffered some damage, so you must be careful with the product (s) while in your possession. Please return the item using or including all original wrappings.
After examining the article we will inform you if you are entitled to reimbursement of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal term and all items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date you informed us of your intention to give up. However, we may retain the refund until you have received the goods, or until you have submitted proof of the return of the goods, depending on which condition is met first. The refund will always be made on the same payment method that you used to pay for the purchase.
3. Defective product returns.
In cases where you consider that at the time of delivery the product does not conform to the stipulated in the contract, you must contact us immediately through our contact channels providing the product data as well as the damage who suffers, or by calling the number 693 925 779 where we will indicate the way to proceed.
We will carefully review the returned product and will notify you by e-mail within a reasonable time if reimbursement or replacement (if any) is required. The refund or replacement of the article will be made as soon as possible and, in any case, within 14 days after the date on which we send you an email confirming that the refund or replacement of the nonconforming article proceeds.
The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be fully refunded, including the delivery costs incurred to deliver the item and the costs that you would have incurred in returning it to us. The refund will be made on the same payment method that was used to pay the purchase In any case, the rights recognized by the current legislation remain in force.
GUARANTEE
If you contract as a consumer and user, we offer you guarantees on the products that we commercialize through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that manifests itself in a period of two years from the delivery of the product.
It is understood that the products comply with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) are suitable for the uses ordinarily intended for the products of the same type and (iii) present the usual quality and performance of a product of the same type as is reasonably expected. In this sense, if any of the products do not conform to the contract, you must make it known to us following the detailed procedure and through any of the means of communication provided for this purpose.
LIABILITY AND DISCLAIMER
Except as expressly provided otherwise in these Terms, our liability for any product purchased on our website will be strictly limited to the purchase price of such product.
However, and unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin:
1. loss of income or sales:
2. loss of business;
3. loss of profits or loss of contracts;
4. loss of anticipated savings;
5. loss of data; and
6. 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, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is established expressly the opposite in it.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual and industrial property rights in the materials or contents that are contributed as part of the website correspond at all times to us or to those who granted us license to use. You may use such material only in the manner in which you expressly authorize us or who licensed us to use it. This will not prevent you from using this website to the extent necessary to copy the information about your order or contact information.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You should not make improper use of this website by intentionally introducing it to viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not attempt to have unauthorized access to this web page, to the server where said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will inform you of any breach of this
and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will immediately cease to be authorized to use this web page.
We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of using this website or of the download of content of the same or to which the same redirects.
LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials of third parties, such links are provided for information purposes only, without us having any control over the content of said web pages or materials. Therefore, we accept no liability for any damage or loss arising from its use.
WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you are in writing. By using this website, you accept that most of these communications with us are electronic. We will contact you by email or we will provide you information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that any contract, notification, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
NOTIFICATIONS
The notifications that you send us must be sent through our email address . In accordance with the «written communications» clause above and unless otherwise stated, we may send communications either to the e-mail or to the postal address provided by you at the time of placing an order.
It will be understood that notifications have been received and have been correctly made the moment they are posted on our website, 24 hours after an email has been sent, or three days after the date of the posting of any letter. In order to prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was properly delivered in mails or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding for both you and us, as well as for our respective successors, assigns and assignees. You may not transfer, assign, encumber or otherwise transfer a contract or any rights or obligations arising therefrom, without obtaining our prior written consent.
We may transfer, assign, tax, subcontract or otherwise transfer a contract or any rights or obligations arising from it, at any time during its term. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, have recognized by law, nor will they reduce, or otherwise limit, the guarantees, as tacit, that we could have granted.
EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control («Cause of Force Majeure»).
The Causes of Force Majeure shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:
a. Strikes, lockouts or other industrial action.
b. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
c. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
d. Impossibility of using trains, ships, airplanes, motor transports or other means of transport, public or private.
e. Inability to use public or private telecommunication systems.
f. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill those obligations for a period of time equal to the duration of the Force Majeure. We will use all reasonable means to terminate the Cause of Force Majeure or to find a solution that will enable us to fulfill our obligations despite the Cause of Force Majeure.
RESIGNATION
Failure by our party to strictly comply with any of the obligations assumed by you under a contract or these Terms or the lack of exercise by us of the rights or actions that may correspond to us under of said contract or of the Conditions, shall not give rise to any waiver or limitation in relation to said rights or actions nor will it exempt you from complying with such obligations.
No waiver by us to a specific right or action will result in a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of the present Conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions in the previous section of Notifications.
PARTIAL NULITY
If any of these Conditions or any provision of a contract were declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity.
FULL AGREEMENT
These Terms and any document expressly referred to herein constitute the entire agreement between you and us in relation to the subject matter thereof and supersede any other covenant, agreement or promise entered into between you and us verbally or written.
You and we acknowledge that you have consented to enter into a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except as expressly mentioned in these Conditions.
Neither you nor us will have action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such a statement was made uncertain fraudulently) and the only action available the other party will be for breach of contract in accordance with the provisions of these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of the substantial changes made to them. The modifications made will not be retroactive and, except for possible exceptions depending on the specific case, will apply after 30 days from the date of publication in the corresponding notice.
If you do not agree with the modifications made, we recommend not to use our website.
APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through this website will be governed by Spanish law.
Any controversy that arises or relates to the use of the website or with such contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect the rights as such recognized by current legislation.
COMMENTS, SUGGESTIONS, COMPLAINTS AND COMPLAINTS
Your comments and suggestions will be well received. Please send us such comments and suggestions, as well as any queries, complaints or complaints, through our channels of contact or the postal address or e-mail indicated in these Terms.
Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within the legally established period. Likewise, they will be registered with an identification key that we will let you know and will allow you to follow up on them.
If you as a consumer consider that your rights have been violated, you can address your complaints through the email address in order to request an out-of-court settlement of disputes.
In this regard, if the acquisition between you and us has been held online through our website, in accordance with EU Regulation No 524/2013, we inform you that you have the right to request with us an out-of-court settlement of disputes in accessible through the Internet address http://ec.europa.eu/consumers/odr/.