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1- Introduction

This document contains the Terms and Conditions governing the use of this website and the contract that binds us two of us – you and us – (hereinafter the “Terms”). These Terms set out the rights and obligations of all users (hereinafter “you” / “your”) and ION FIZ (hereinafter “we” / “our” / “the Vendor”) in relation to the goods / services we offer through this website or any other website to which we may link (hereinafter collectively known as the “ION FIZ Services”). We ask you to carefully read these Terms and our Privacy Statement before clicking on the “Authorize payment” button to place your order. By using this website or placing an order through it, you agree to be bound by these Terms and our Privacy Statement, so if it’s not you agree with all the Terms and the Privacy Statement, do not must make any order. These Terms may be modified, so you should read them before placing an order. If you have any questions regarding the Terms or the Privacy Policy please consult our website or contact us via our contact form. CREATIONS MARIA SL, which operates under the name ION FIZ, is a Spanish company registered in the Mercantile Register of Bilbao, Volume 5310, Book 0, Section GE company, Folio 128 Page BI-60827 Registration 1st established in Street Urrestieta 21 , 1st. 48830 Sodupe – Vizcaya, Spain and tax identification number B-95694287 GB.

 

2. Using our website.

These Terms are the only conditions applicable to use of this website and supersede any other, except with the prior express written permission of Seller. These conditions are important both for you and for us as they have been designed to create a legally binding agreement between us protect your rights as a customer and our rights as a business. You represent that, when ordering, you have read and accepted without reservations the present conditions. You agree that:

a-You may only use the website to make legally valid inquiries or orders.

b-You may not make any speculative, false or fraudulent. If we have reasonable grounds to believe that it has placed an order we shall be entitled to cancel the order and inform the relevant authorities.

c-You also undertake to provide us with a true and correct e-mail address, mailing address and / or other contact details and consent that we may use this information to contact you if necessary (see our Statement Privacy). Failure give us all the information we need, we can not complete your order.

d-When ordering through this website, you warrant that you are 18 years old and are legally capable of entering into binding contracts.

 

3. How the contract is.

This information and the details contained in this website does not constitute an offer to sell, but an invitation to do business. No contract will exist between you and us in relation to any product until your order has been accepted by us. If your offer is not accepted and already had made him a position in your account, the amount thereof will be refunded in full. To order, follow the shopping process online and click “Authorize payment”. After that, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Note that this does not mean that your order has been accepted, since it constitutes an offer by you to us for us to buy one or more products. All orders are subject to acceptance by us and we will confirm such acceptance by sending a mail that confirms that the product has been dispatched (the “Order Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Order Confirmation. The Contract will only those products listed in the Order Confirmation. We will not be obliged to supply any other products which may have been asked to confirm you sending them on a separate Order Confirmation.

 

4. Product availability.

All orders for products are subject to the availability of data and, in this sense, if there are difficulties in terms of supply or no longer in stock, we reserve the right to provide information about quality substitutes and equal or greater value that you can order. If you do not wish to order such substitute products we will reimburse any monies that you might have paid.

 

5. Refusal to process an order.

We reserve the right to withdraw any products from this website at any time and / or remove or edit any materials or content. While we do our best to process all orders, there may be exceptional circumstances we may need to refuse to process an order after we have sent the order confirmation, and we reserve the right to do so at any time, at our sole discretion. We will not be liable to you or to any third party by reason of our withdrawing any product from this website, regardless of whether the product has been sold or not, remove or edit any materials or content on the website or for refusing to process an order after we have sent the Order Confirmation.

 

6. Right to withdraw the purchase.

If you are contracting as a consumer, you may cancel the Contract at any time within seven days of shipping confirmation of your order. In this case, we will refund the price paid for the products in accordance with our Returns Policy (see Clause 12). Your right to cancel a Contract shall apply exclusively to those products that are returned in the same condition in which you received them. Should also include all the instructions, documents and packaging products. There will be no refund if the product has been used or if it has been damaged, so you should be careful with the / the product / s while in its possession. You will not have any right to cancel a Contract for the supply of any of the following products:

 

a. Personalized Items

 

b. CD / DVD of music without their original packaging.

Please try to take reasonable care of the products whilst in your possession and keep, if possible, boxes and original packaging in case of return. For more details about this statutory right, and an explanation on how to exercise it in clause 12 of these Terms, and a summary of it when you receive the Delivery Confirmation. This provision does not affect the consumer rights recognized by law.

 

7. Delivery

Subject to Clause 4 above and barring any extraordinary circumstances, we will try to send the request to / from the product / s listed in the Order Confirmation by the delivery date set out in the Order Confirmation or if this were not specified any delivery date, within 15 days from the date of delivery confirmation. The delay may be due to the following reasons:

a. Customisation of products;

b. Editorials;

c. Unforeseen circumstances, or

d. Delivery Area;

 

If for some reason we can not meet the delivery date, we will inform you of this and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. Please note however that does not deliver on Saturdays or Sundays. For the purposes of these Conditions, be deemed to have produced the “delivery” or he / the product / s have been “delivered / s” at the time of signing for receipt of the same on the agreed delivery address.

 

8.Inability delivery.

If we are unable after two attempts to deliver, we will try to find a safe place to leave your parcel. We will leave a note explaining where your parcel is and how to collect it. If you will not be in the place of delivery at the agreed time, please get in touch with us to arrange delivery for another day.

 

9. Transfer of risk and ownership

The risk of the Products shall be responsible from the time of delivery. You will acquire the ownership of the goods when we receive full payment of all sums due in respect thereof, including shipping charges, or upon delivery (as defined in clause 8), whichever take place at a later time.

 

10. Price and payment

The price of any products will be as stipulated from time to time on our website, except in cases of obvious error. Although we try to ensure that all prices listed on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be canceled and you will receive a full refund have already paid. Not be obliged to supply the / the product / s to incorrect lower price (even after we have sent you the Order Confirmation) if the pricing error is obvious and unmistakeable and could have been reasonably recognized by you as incorrect price. The prices on the website do not include VAT or shipping costs (see our guide for shipping), which is added to the total of your bill. Prices may change at any time, but (except as noted above) changes will not affect orders in respect of which we have already sent you a Order Confirmation. Once you have made your purchases, all items you wish to purchase are added to your cart and the next step will process the order and make payment. To do this:

 

1. Click on the “Shopping Cart” at the top of the page.

Two. Click on the “View Cart”.

Three. Click the button “checkout”.

April. Fill in or check the contact information, the details of your order, the address to which you want it to be sent the order and the address to which it will refer the bill.

May. Enter the details of your credit card.

June. Click “Authorize payment”.

 

Payment can be made with Visa, Mastercard, American Express, Affinity Card and PayPal. To minimize the risk of unauthorized access, data will be encrypted credit card. Once we receive your order, we will pre-authorize your credit card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse. If your method of payment is PayPal, the charge will be made at the time that we confirm the order. By clicking “Authorize payment” you are confirming that the credit card is yours. We use “Comodo” to ensure that the payment has been made safely. Credit cards are subject to validation checks and authorization by the issuer of the same, but if the issuer fails to authorize payment, we are not responsible for any delay or non-delivery and not able to form a Contract with you.

 

11. Value-added tax

Under current legislation, all purchases made through the website will be subject to value added tax (VAT),In this regard and pursuant to Chapter I of Title V of Directive 2006/112 of the Council of 28 November 2006 on the common system of VAT, delivery is deemed to be within the Member State that were on the address delivery of goods, with the VAT at the prevailing rate in each Member State where items are to be supplied with each order. Under the rules applicable in each jurisdiction, in respect of goods made in certain member countries of the European Union to a recipient business or professional, could be applicable rule “reverse charge” (article 194 of Directive 2006 / 112) that would not impact the VAT by CREATIONS MARIA SL, without prejudice to the obligation of the recipient to self-passed the tax due on the transaction.

 

12. Policy changes / refunds.

Returns in exercise of the right to withdraw the purchase.

General Policy: To cancel the Contract within the period prescribed in clause 7 above, you can return the goods to our headquarters at: C / Gustavo Fernández Balbuena 11 loft under 1 C. 28002 Madrid, Spain or handing it to a courier / Courier send to you. You must deliver the goods in the same package in which it was received, following the instructions under “RETURNS” on our website. You should contact us through our request for return so we can arrange collection at home. Both options will involve an additional cost to you. You will be responsible for the cost of returning the product, if you can not make it through the two free options we offer. Please note that if you decide to return the goods on delivery we are entitled to charge you the expenses we incur. If you have any questions, please contact us through our contact form or by calling 91 5100956. Please return the item using or including its original packaging as well as instructions, documents and wrappings that may accompany it. After reviewing the article will be contacted if you are entitled to a refund of the amount paid. We will refund as soon as possible and in any event within seven days from the date you notified us of its intention to withdraw. We will refund in the same form of payment that was used to pay for the purchase. There shall be no exchange or return products that are not in the same condition as when received, or have been worn beyond simply opening the product. The changes can only be done by the same item in a different size or color.

 

13. Returns of defective products

In cases where you consider that at the time of delivery the product does not meet the terms of the contract, please contact us immediately through our contact form with details of the product and its its damage, or in the comunicacion@ionfiz.com email, which will tell you how to proceed. To return the product, we will send a messenger to your home. Fully examine the returned product and will notify you by e-mail within a reasonable period whether any refund or replacement thereof (if any). The refund or replacement item will be made as soon as possible and, in any case, within 30 days from the date we send you an email confirming that a refund or replacement of the nonconforming item. The amounts paid for products that are returned due to some defect or defect, where one exists, will be refunded in full, including delivery costs incurred to deliver the item. We will refund in the same form of payment that was used to pay for the purchase. This excludes the rights recognized by law.

 

14. Responsibility and liability.

Our liability in connection with any product purchased on our website is strictly limited to the purchase price of such Product. Nothing in these Terms shall exclude or limit in any way our liability:

 

1. In case of death or personal injury caused by our negligence;

Two. In case of fraud or fraudulent misrepresentation, or

Three. In any case in which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability.

 

Without prejudice to the previous paragraph and in so far as permitted by law, and unless these Conditions otherwise provided, we accept no liability for consequential damages that occur as a side effect of the loss or major damage, arising in any way, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including without limitation the following:

 

1. loss of income or revenue;

Two. loss of business;

Three. loss of profits or contracts

April. loss of anticipated savings;

May. data loss, and

June. time loss management or office time.

 

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted or obtained through this website unless it is established otherwise specified in the same. All product descriptions, information and materials contained in this website are provided “as is where is” and without warranties express, implied or arising in any other way. To the extent possible as permitted by law, we exclude all warranties leaving except those that can not lawfully be excluded against consumers. The provisions of this clause does not affect your statutory rights as a consumer, or your Contract cancellation rights.

 

15. Intellectual property.

You acknowledge and agree that all copyright, trademark and other intellectual property rights in all material or content supplied as part of the website belong to us at all times to us or our licensors for your use. You may use this material only in the way as expressly authorized by us or our licensors for your use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contract details.

 

16. Written communications.

Applicable laws require that some of the information or communications we send to be in writing. By using this website, you agree that the majority of communication with us will be mainly electronic. We will contract with you via email or we will provide information hanging notices on this website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically satisfy any legal requirements to be in writing. This condition does not affect your statutory rights.

 

17. Notifications.

Notices from you to us should be given to us through our contact form. Under the provisions we may give notice either the e-mail or to the postal address you provide to us when placing an order. Notices shall be deemed to have been received and properly served on the moment when posted on our website, 24 hours after an e-mail sent, or three days after the date of posting of any letter. To prove that the notice has been made, shall be sufficient in the case of a letter, that it be certified, in the case of an email, that it was sent to the email address specified by the recipient.

 

18. Transfer of rights and obligations.

The Contract between you and us is binding on both parties and our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract or any rights or obligations arising under it to them, or for you, without obtaining our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any rights or obligations arising under it for us or for us, at any time during the term of the Contract. For avoidance of doubt, such transfers, assignments, liens or other transfers will not affect the rights that you have as consumers recognized by law or canceled, reduced or otherwise limited warranties express or implied, that we could have granted them.

 

19. Events beyond our control.

We will not be responsible for any failure or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). The Force Majeure Event includes any act, event, lack of exercise, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

1. Strikes, lockouts or other industrial action.

Two. Civil commotion, riot, invasion, terrorist attack or threat of terrorism, war (whether declared or not) or threat or preparation for war.

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

April. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of transportation, public or private.

May. Inability to use public or private telecommunications networks.

June. Acts, decrees, legislation, regulations or restrictions of any government.

July. Strike, failure or accidents borne transport, postal or other transportation and customs withholding.

It is understood that fulfilling our obligation is suspended during the period that the Force Majeure Event continues, and we will have an extension in the time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure or to find a solution by which our obligations under the Contract despite the Force Majeure Event.

 

20. Disclaimer.

If during the term of a Contract, we stopped insisting on strict performance of any of its obligations under it or any of these Terms, or if we stopped exercise any of the rights or remedies that we were entitled to exercise or filing under this Contract or these Conditions shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. The sacrifices we make to enforce shall not constitute a waiver by us to require any subsequent default. No waiver by us of any of these Terms shall be effective, unless expressly stipulated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

 

21. Severability.

If any of these Conditions or any provisions of a Contract are held to be invalid, illegal or unenforceable to any extent by the competent authority, be severed from the remaining terms and provisions shall remain valid to the extent as permitted by law.

 

22. Entire Agreement.

These Terms and any document expressly referred to in them represent the entire agreement between you and us relating to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or writing. You and we acknowledge agreeing to enter into this Agreement without having relied on any statement or promise made by the other party or which may be inferred from any statement or written in the negotiations between the two prior to such Contract except that which is expressly referred to in these Conditions. Neither you nor us shall have any remedy in respect of any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless such untrue statement had made fraudulently) and the only recourse available to the United other hand be for breach of contract as provided in these Conditions.

 

23. Our right to vary these Terms.

We have the right to revise and amend these Terms at any time. You will be subject to the policies and Conditions in force at the time that you order, unless by law or governmental authority should do changes in those policies, Terms or Privacy Statement, in which case it will apply to orders that you have done previously.

 

24. Governing Law and Jurisdiction.

Contracts for the purchase of products through our site will be governed by Spanish law. Any dispute arising from or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this clause shall affect the rights and as such we recognize the law.

 

25. Comments and suggestions.

Your comments and suggestions are welcome. Please send us feedback and comments through our contact form