Terms of service
TERMS AND CONDITIONS OF MODA ES FASCINANTE
1.- Identification and acceptance and access to the Website
The present Terms and Conditions regulate the access and use of the Website https://es-fascinante.com/ owned by Moda Es Fascinante S.L. (hereinafter "Es Fascinante"), with NI F B88500194 and address at Calle López de Hoyos nº5, 6º, 28006, Madrid.
You can contact Es Fascinante by sending an email to the following address: help@es-fascinante.com or by phone: +34 656691316 or 91 515 81 32.
The access to the Website implies the acceptance of these Terms and Conditions, as well as the different modifications and/or additional legal texts that Es Fascinante may include in the future.
Access to and browsing of the Website shall not require Users to register and shall be completely free of charge.
2.- Object
This website has been developed by Es Fascinante with the aim of offering users the possibility of buying clothes and accessories: dresses, coats, shirts, blouses, trousers, skirts, jewellery, footwear, handbags, designer clothes, etc.
3.- Functioning of the Website
The Website makes available to Users the purchase of the Products offered on the Website:
Purchase of Products in Stock: The Website will indicate those Products that are available in Stock, and which users can therefore purchase at the time they wish to buy them.
4.- User Account.
The Website offers Users the possibility to create an account through an online form to be filled in with the data required therein.
Users shall have full responsibility for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the User name and/or passwords that allow access to their account, and undertake not to cede their use to third parties, either temporarily or permanently, nor to allow access to third parties.
By virtue of the above, Users must immediately notify Es Fascinante via email help@es-fascinante.com of any misuse of their User name and/or password, due to circumstances such as theft, loss or unauthorised access to them, so that Es Fascinante can proceed to their cancellation or blocking and/or disabling as soon as the misuse of their User Account becomes known to Es Fascinante. As long as such facts are not communicated, Es Fascinante will be exempt from any liability that may arise from the improper use of the User names or passwords by unauthorised third parties.
5.- Conduct of Users on the Website
Users undertake to make lawful, diligent, honest and correct use of any information or content they have access to through the Website, all in accordance with the principles of good faith and respecting at all times the law in force and these Terms and Conditions.
In particular but without limitation, Users shall not:
- Registering or communicating data that is not true, accurate, complete and/or up to date, or accessing the Website using the name, identification data or password of another User or impersonating any person or identity.
- Use the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.
Es Fascinante reserves the right to deny any attempt to access the Website, cancel accounts, delete or modify content, or cancel the provision of Services in cases of incorrect use of the Website, as well as if it has indications that the User is a minor.
- Orders and conditions of sale
Es Fascinante orders throughout the European Union.
In the event that a User not residing in European territory would like to purchase the Products offered on the Website, he/she will have to contact Es Fascinante by email: help@es-fascinante.com so that Es Fascinante can evaluate the possibility of sending the Product to the country where the User resides.
Under no circumstances will Es Fascinante intentionally offer for sale more units than it has available. In the event that the Product is not available after the order has been placed, the User will be informed and offered the possibility of delaying delivery or replacing the Product with a similar one, or failing that, refunding the amount paid.
- Prices and payment
All prices of the Products indicated on the Website are expressed in Euros and include VAT and any other taxes that may apply.
The cost of shipping is not included in the price of the Products. Prior to the purchase of the Product, the User will be informed of the exact shipping cost.
The User may pay the amount corresponding to his/her order by the means of payment accepted on the Website: Payment by credit card (Visa, Visa Electron, MasterCard, American Express) and debit card and PayPal.
Within a maximum period of twenty-four (24) hours, Es Fascinante will send an email to the User, confirming the details of the purchase made. This email will assign a reference code of the purchase, and will detail the characteristics of the Product, its price, the shipping costs and the details of the option chosen to make the payment of the purchased Products, as well as the corresponding invoice or receipt once the order has been formalised, that is to say, after the acceptance of these Terms and Conditions and the corresponding payment.
In the event that the means of payment chosen by the user is a credit or debit card, the charge will be made online, that is to say, in real time, through the payment gateway of the corresponding financial institution, once it has been verified that the data communicated are correct.
Users are guaranteed that the payment process is carried out in complete security, in accordance with the required security protocols and services. In some cases, after clicking on the final payment button, the page may redirect you to your bank's website and ask you for an extra security key for payment with your Visa or MasterCard. This is 3D Secure, a security system developed by your bank that asks you to enter your personal password to make the purchase securely. This password for online purchases with your card is completely personal and must be given to you by your bank. For more information, you can contact your bank directly or our Customer Service Team by sending an email to help@es-fascinante.com ,.
The User must notify Es Fascinante of any undue or fraudulent charge on the card used for the purchases, by sending an email to help@es-fascinante.com , as soon as possible so that Es Fascinante can take the appropriate steps.
- Information about Es Fascinante's products and services.
The data included on the Website in the Product descriptions are for information purposes only.
Therefore, Es Fascinante declines any responsibility for the appearance of errors in this information, although it undertakes to take all measures within its power to correct the aforementioned errors or omissions as soon as possible after having been informed of them.
- Time limits, place of delivery and misplacements
9.1. Delivery of the Product
Es Fascinante undertakes to deliver the Product in perfect condition to the address provided by the User. In order to optimise delivery, we would be grateful if the User could indicate an address to which the order can be delivered during normal working hours.
Es Fascinante will not be responsible for delivery errors caused when the delivery address entered by the User in the order form is inaccurate, does not correspond to reality, is false or has been omitted.
Notwithstanding the above, Es Fascinante undertakes to take all measures within its power to ensure that orders are delivered within the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.
9.2. Time limit for delivery and notification
The User will receive the Product purchased through the Website within a maximum of 30 days after Es Fascinante confirms receipt of the order request. The approximate delivery time for national deliveries is 2-3 working days, in the case of orders outside the Iberian Peninsula or the rest of Spain (Canary and Balearic Islands, Ceuta and Melilla): 5 working days.
The User must take into account that on certain dates and periods of the year the delivery time of the shipment could be affected (Christmas, sales, black friday, etc.), due to the saturation of the means of transport. It is therefore recommended to purchase the articles of interest sufficiently in advance so that they arrive at their destination on the dates desired by the User.
Es Fascinante informs you that it will not make deliveries on Saturdays and Sundays or on national or community holidays, or on those days that coincide with local holidays that could affect the related transport activities.
In the event that the User cannot be located at home, the courier company will leave a notice indicating where the order is and how to proceed to collect it.
As previously mentioned in section 7 of these Terms and Conditions, shipping costs are not included in the price of the Products. However, the user will be informed prior to the purchase of the Product.
9.3. Diligence in delivery
The User must check that the package is in good condition with the carrier delivering the Product ordered.
If the User detects any anomaly in the Product, he/she must indicate it on the delivery note and notify Es Fascinante by e-mail to the following address: help@es-fascinante.com
- Returns and right of withdrawal
10.1. Returns for manufacturing defects on the Product.
In cases where you consider that at the time of delivery the product does not conform to the contract, you should contact us immediately through our contact channels providing the details of the product and the damage it suffers, or by calling +34 656691316 or 91 515 81 32 where we will tell you how to proceed. During the warranty period, the User will be able to return to Es Fascinante, free of charge, any Product that presents a manufacturing defect.
You can return the product by handing it over to a courier that we will send to your home address when you request collection.
We will carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether a refund or replacement (if applicable) is appropriate. The refund or replacement of the item will be made as soon as possible and in any event within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be refunded in full, including delivery costs incurred to deliver the item to you and the costs you would have incurred to return it to us. The refund will be made by the same means of payment that was used to pay for the purchase.
Each Product to be returned must be unused and with all its labels, packaging and, if applicable, original documentation and accessories that came with it. If the Product is not returned in its original packaging, it will be subject to depreciation.
In any case, the rights recognised by the legislation in force shall remain unaffected.
10.2. Return Policy: Possibility of exercising the right of withdrawal of the Products.
In the event that the User is not satisfied with the Product received in his order, the User, in accordance with the General Law for the defence of Consumers and Users, will have a period of 14 calendar days to return it, without penalty and without the need to indicate the reasons.
When returning the Product, the User shall bear the direct cost of returning the order.
In order to formalise the return, the User must complete and send the withdrawal form attached to these Terms and Conditions as ANNEX 1.
Once this communication has been received, the Es Fascinante Customer Service team will contact the User to inform him/her of the incident number and how to proceed with the return.
Each Product to be returned must be in perfect condition, unused and with all its labels, packaging and, if applicable, original documentation and accessories that came with it, as well as including the duly completed return form and a copy of the delivery note or invoice. If the Product is not returned in its original packaging, the Product will be depreciated.
Once the Product has been received, Es Fascinante will proceed to refund the amounts paid as soon as possible and, in any case, within 14 calendar days from the reception of the Product in Es Fascinante's warehouses.
10.3 Product Change Policy.
In the event that the User decides to change the size and/or colour of the Product purchased, he/she must inform Es Fascinante by sending an email to the following address: help@es-fascinante.com within 14 calendar days of receiving the Product.
Once the email has been received, Es Fascinante will proceed to verify if the size and/or colour of the Product for which the User wants to make the exchange is available.
As soon as Es Fascinante verifies the availability, it will contact the User to indicate the availability of the size and/or colour of the Product that the User has requested, as well as the delivery time of the Product, in case Es Fascinante has a Product with the characteristics required by the User.
In the event that Es Fascinante confirms to the User the availability of the Product to be exchanged, the User must send the Product to Es Fascinante's address, so that Es Fascinante can check that the Product is in perfect conditions.
The User is informed that the Product to be exchanged must be in perfect condition, unused and with all its labels, packaging and, if applicable, original documentation and accessories that came with it.
The delivery time of the new Product will depend on the actual availability of the product.
When the courier company delivers the Product to the User according to the change that the User has requested, the User must give the courier company the printed document confirming the change that Es Fascinante will send to the courier company once it has confirmed that the Product is in perfect condition.
The User may change the size and/or colour of the Product free of charge.
11.- Intellectual Property
11.1 Intellectual and Industrial Property relating to the Website.
All rights over the content, design and source code of this Website and, in particular, including but not limited to, all rights over the photographs, images, texts, logos, designs, brands, commercial names, data included in the Website and any other intellectual and industrial property rights are owned by Es Fascinante, or by third parties who have expressly authorised Es Fascinante to use them in its Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the subject, as well as Law 17/2001, of 7 December, on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the Website, in any format and by any technical means, unless expressly authorised in writing by Es Fascinante.
Es Fascinante does not grant any licence or authorisation of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that the access and navigation of the Users implies a waiver, transmission, licence or total or partial cession of such rights by Es Fascinante.
Any use of these contents not previously authorised by Es Fascinante will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
12.- Exclusion of liability
Es Fascinante does not grant any guarantee and is not responsible, in any case, for damages of any nature that may arise from the access or use of the contents of the Website. Among others, and by way of example and without limitation, Es Fascinante is not responsible for the following circumstances:
- For the lack of availability, maintenance and effective functioning of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the functioning of the Website.
- The lack of usefulness of the Website or the contents for any service.
- The content of other Internet pages to which links may be placed on the Website.
- The existence of viruses, malicious or harmful programs on the Website.
- The illicit, negligent or fraudulent use, contrary to these Terms and Conditions or to good faith, of the Website or its contents, by the Users, including any infringement of the Intellectual and/or Industrial Property rights of Es Fascinante or third parties.
- Incidents caused by a lack of due diligence on the part of the User or by improper use of the Website.
- From the publication through the Website of comments and opinions that violate the rules mentioned in these Terms and Conditions, applicable law or the rights of third parties.
- Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website as a consequence of energy restrictions, the blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances beyond the control of Es Fascinante that prevent the normal use of the Website.
Hyperlinks
The Website may contain hyperlinks that allow the User to access third party websites. Es Fascinante does not assume any responsibility for the content, information or services that may appear on these sites, which are offered exclusively for information purposes by Es Fascinante, and in no case imply any relationship, acceptance or endorsement between Es Fascinante and the persons or entities that own such content or the owners of the sites where they are located.
14.- Modifications
Es Fascinante reserves the right to make as many modifications as it deems appropriate to these Terms and Conditions, in which case Users will be notified. These modifications will be valid from the moment they are published on the Website.
15.- Safeguard clause
All clauses or terms of these conditions of use must be interpreted independently and autonomously, and the rest of the stipulations will not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the Terms and Conditions.
16.- Dispute resolution
These Terms and Conditions are subject to Spanish law. The parties, in accordance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the place of residence of the User.
HOW TO USE THE WITHDRAWAL FORM?
If you wish to withdraw from this contract, you must give us your reasons and return the Product to us within 14 calendar days of receipt of your order.
In case of sending us the Product after the deadline, Es Fascinante reserves the right to refuse the package.
We will then tell you how to exercise your right of withdrawal:
- Indicate your intention to return the Product using the form on the following page. The form must be correctly completed and sent to the following address:
Moda Es Fascinante
Calle López de Hoyos nº5, 6º, 28006, Madrid.
E-mail: help@es-fascinante.com
Upon receipt of the withdrawal form that you have sent to us at the above address, we will send you to the email address you provide us with the information necessary for you to return the purchased Product to us.
- Once you have received these documents, the Es Fascinante customer service team will contact you to inform you of your incident number and how to proceed with the return.
- Once we have received your parcel in our warehouse, your refund will be made and confirmed by an email containing all the information relating to the transaction.
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For more information, we recommend that you consult our Terms and Conditions on our website https://es-fascinante.com/pages/terms-conditions where the general conditions of sale of our Products are detailed. |
ANNEX 1
PRODUCT WITHDRAWAL FORM
To the attention of:
Moda Es Fascinante, S.L.
Calle López de Hoyos nº5, 6º, 28006, Madrid.
E-mail: help@es-fascinante.com
I hereby inform you that I withdraw from my contract of sale of the following Product:
Provide a brief description of the Product] [Provide a brief description of the Product].
Ordered on/received on: [insert date of contract/date of receipt of order] - Ordered on: [insert date of contract/date of receipt of order].
Username:
Address of the User:
Signature of the User (only if this form is submitted on paper):
[____]of [______] of [____].