Terms and Conditions of Purchase from the Inside Shops Website/App
This document (together with the documents referred to herein) contains the conditions governing the use of this Website/App and the purchase of items on sale herein (hereinafter, the "Terms").
The Terms may be subject to change. It will be your responsibility to review the Terms periodically as the Terms and Conditions in force at the time of using the Website/App or entering into a Contract (as defined below) are those which are applicable.
The Contract (as defined below) may be formed in any of the languages in which the Terms and Conditions are available on the Website/App, at your choice.
2. OUR DATA
LIWE ESPAÑOLA S.A which operates under the name Inside, is a Spanish company C.I.F. nº A30015382, domiciled en Puente Tocinos, Murcia, en Calle Mayor, nº 140, e inscrita en el Registro Mercantil de Murcia en el Libro 36, Folio 62, Hoja 644, Sección 3ª., and VAT registration number Part. IVA 09072890966.
3. YOUR DATA AND USE OF OUR WEBSITE/APP
4. USE OF OUR WEBSITE/APP
By using this Website/App and/or by placing orders through it, you agree:
4.1 to make use of the Website/App for legitimate enquiries and orders only;
4.2 not to make any false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been placed, we will be entitled to cancel it and to inform the competent authorities;
If you fail to provide us with all the information we need, we will not be able to process your order. By placing an order through this web site, you guarantee that you are of legal age (18 years and older) and that you are legally capable of entering into binding contracts.
5. SERVICE AVAILABILITY
The items offered through this web site will be available only in the following countries: Spain, Portugal, and Italy.
6. HOW THE CONTRACT IS FORMED
This information and the details contained on this Website/App do not constitute an offer for sale, but rather an invitation to enter into contract. There is no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and if an amount has already been debited from your account, the same amount will be returned in its entirety.
To place an order, you must follow the online purchase process and click "Authorize payment". Subsequently, you will receive an e-mail indicating receipt of your order. This is not a confirmation of acceptance of your order but instead an offer from you to purchase one or more products from us. All orders are subject to our acceptance; confirmation of acceptance will be made by e-mail indicating that the product has been dispatched. The contract for the purchase of a product between us and you (the "Contract") will be formalized only when we send you shipping confirmation.
Only the products indicated on the shipping confirmation are included in the scope of the contract. We are not under the obligation to supply other products which may have been the subject of the order until shipment of said products has been confirmed in a separate Shipping Confirmation.
7. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability. In this regard, if there is a supply problem, or if the articles are out of stock, we reserve the right to provide information about substitute products of equal or higher quality and value, which you may decide to order. If you do not wish to place an order for these substitute products, we will refund any amount you may have already paid.
8. REFUSAL OF ORDER
We reserve the right to withdraw any product from this Website/App at any time and/or stop or change any material or content of the same. While we will always do everything We reserve the right to remove any product from this Website/App at any time and/or remove or edit any materials or content. Although we will always make every endeavor to fulfil all orders, exceptional circumstances may arise which oblige us to refuse to process an order after sending the order confirmation, and we reserve the right to do so at any time, at our sole discretion.
We will not be held liable by you, the client, or any other third party by reason of our withdrawing any product from this Website/App, be it sold or otherwise, nor shall we be held liable for removing or editing any material or content on this Website/App or for refusing to process or complete an order after having sent an Order Confirmation.
Notwithstanding the provisions of Clause 7 above and unless exceptional circumstances arise, we will send the product(s) you ordered as indicated in the Shipping Confirmation or, if no delivery date is specified, within 15 days of the date of Shipping Confirmation.
However, delays may occur for one or more of the following reasons:
. product customization;
. specialized articles;
. unforeseen circumstances; or
. delivery area.
If for any reason we are unable to fulfil the order within the terms of the delivery date, we will inform you promptly and offer to complete the purchase by fixing a new delivery date, or cancel the order, with consequent refund of the full amount paid. Note: in any case, deliveries will not be made on Saturdays and Sundays.
Under these Terms and Conditions, each "delivery" or order delivered will be considered complete upon signature at the agreed delivery address.
10. UNABLE TO DELIVER
If after two attempts it is impossible to complete the delivery, we will try to find a safe place to leave your parcel. We will provide a note indicating exactly where it is and how to pick it up. If you are not able to be at the delivery location at the agreed time, please get in touch with us so we can rearrange delivery for another day..
In any event, you have 30 days from the date you are informed that your order is available to collect your order in accordance with the procedure set out in these Terms and Conditions. If after the period of time mentioned above, you have not collected your parcel, it shall be understood that you do not wish to honour the Contract, which shall be considered cancelled. Following the termination of the contract, we will return the amount paid for such products as soon as possible and in any event within a maximum of 30 days from the date on which, under the provisions of this Clause, the agreement shall be considered terminated.
11. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
You will be liable for any product-related risks from the time of delivery.
You will acquire the ownership of the products as soon as we receive the full amount of payment for the same, including shipping charges, or upon delivery (as defined in Clause 9), if this is done at a later time.
12. PRICE AND PAYMENT
The price of the products will always be that indicated on our Website/App, except where there is an obvious error. Although we strive to ensure that all prices appearing on the Website/App are correct, errors may occur. If we discover any errors in the price of products ordered by you, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are not able to contact you, your order will be cancelled and the full amount paid will be refunded.
We are under no obligation to provide the product(s) at an erroneously indicated lower price (even if we have already sent the Shipping Confirmation) if the pricing error was an obvious inaccuracy and could have been reasonably recognized as such.
Website/App prices include VAT but exclude delivery costs, which are to be added to the total amount payable.
Prices may vary at any time; however (excluding above stipulations) potential changes will not affect orders for which we have already sent you a Shipping Confirmation.
Once you have completed a purchase, all articles you wish to buy will be added to the shopping bag and the next step will involve the completion of the order and payment. You are required to follow these instructions:
1. Click "YOU HAVE… PRODUCT" (It means added to your basket) at the top of the page.
2. Click "GO TO BASKET".
3. Click "CHECK OUT".
4. Fill in or confirm your contact information, order details, the shipping address where the order is to be sent and billing address where the bill is to be forwarded.
5. Enter your credit card details.
6. Click on the button "PAY".
You can make payment by Visa, Mastercard, American Express and PayPal.
If your chosen method of payment is PayPal, the amount will be debited at the order confirmation step.
By clicking "Authorize Payment" you confirm that the credit card is yours.
Credit cards will be subject to validation checks and authorizations by the issuer of the same, but if the issuer does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to complete any Contract with you.
13. VAT (VALUE ADDED TAX)
In accordance with the legislation in force, every purchase made through the Website/App shall be subject to value added tax (VAT), except for the Canary Islands, Ceuta and Melilla in case of Spain.
In this regard, and in accordance with chapter I of title V of Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (VAT), deliveries will be considered located in the Member State of the delivery address, as the legally applicable VAT is that applicable in the destination Member State of the articles delivered in each order.
In accordance with applicable legislation in each jurisdiction, goods delivered in specific Member States of the European Union to a recipient business or profession, the rule of "reverse charge" (article 194 of Directive 2006/112/EC) may be applicable which would imply the non-application of VAT by LIWE ESPAÑOLA S.A., without prejudice to the recipient’s obligation to pay the tax on the transaction.
For orders to be shipped to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by virtue of the provisions in article 146 of that directive, without prejudice to the application of the corresponding duties and taxes in accordance with the laws in force in each of these destinations.
14. RETURNS/EXCHANGE POLICY
14.1 LEGAL RIGHT OF WITHDRAWAL
Under the applicable rules and regulations, when entering into a contract as a consumer, you may cancel the Contract (except when purchasing certain products, for which this right to cancel is waived - see Clause 14.3 below) at any given moment within 10 days from delivery of your order.
In this case, you will receive a refund equal to the amount paid for such products. If you decide not to use one of the free return methods referred to in section 14.3 you will be liable for the direct costs of returning the product.
You may exercise the right to cancel by means of any of the legal methods. This right will be expressly exercised via submission of a cancellation document we provide you with, or via the return of goods.
This does not affect your other statutory rights as a consumer.
14.2. CONTRACTUAL RIGHT OF CANCELLATION.
Apart from the right to cancel (legally recognized consumers’ and users’ right as mentioned in Clause 14.1 above), you are entitled to return the products within 30 days from the date of the Shipping Confirmation (except for products indicated in Clause 14.3 below, for which the right of cancellation is waived).
In case of return, you will receive a refund equal to the amount paid for the returned products. If you decide not to use one of the free methods of return described in section 14.3, you will be liable for the direct costs of returning the product.
You may exercise the right to cancel by submitting the document provided or by returning the products.
14.3. COMMON PROVISIONS
You do not have the right to cancel the contract if its object is the supply of one or more of the following products:
1. Customized items.
2. Music CDs/DVDs whose original wrapping has been removed.
Your right to cancel the contract shall be applied only to those products returned in the same condition in which you received them. Please return the item using or including the original packaging. The package must also include instructions, labels, documents and packaging of products. In any case, you will have to return the product together with the duly completed receipt of delivery docket. There will be no refund if the product had been used beyond the mere opening of the package or in the event of damage. Please treat the items with care.
It is not possible to change the items, only refund is allowed.
Together with the Shipping Confirmation, you can find summarized instructions on how to exercises the right to cancellation.
You can return the product at any Inside point of sale in the country of purchase or by personal delivery to a freight forwarder/courier service that we will send to your home.
a) Returns at Inside stores.
You can return the product at any Inside point of sale in the country of purchase that has the same product. Department for the product you wish to return. In this case, you should go to any eligible store and deliver the article including return document (hereinafter referred to as "docket") received on delivery of the product and duly completed.
b) Returns by carrier/courier
Please contact us using the return request form so that we can schedule pickup at the home address. The product must be returned in the wrapping and package in which it was received, following the instructions found in the section "RETURNS" of this Website/App.
Neither option will incur additional costs.
If for the product return you prefer not to use any of the free options available, you will be liable for any return costs. Please note: If you decide to opt for carriage forward of the return, we will be entitled to charge you for any costs incurred.
After evaluating the condition of this item, we will inform you if you have the right to the reimbursement of the amount paid. The refund will be made as soon as possible and in any event within 30 days of the date of cancellation notification. The refund will be made via the payment method used to make the purchase.
If you have any doubts you can contact us through our contact form or call us free phone on 900 103 257.
14.4. RETURNS IN THE CANARY ISLANDS, CEUTA AND MELILLA
You can exchange or return a product delivered in the Canary Islands, Ceuta or Melilla by visiting a Pull and Bear point of sale in person, as indicated in this Clause. If this is not possible, please contact us on 900 812 900 to arrange with us or our representative the return of the product by courier or freight forwarder or alternatively to proceed at your own expense.
14.5. RETURN OF DEFECTIVE PRODUCTS
In case you consider that at the time of delivery the product does not comply with contract provisions, you should contact us immediately using our contact form, indicating the product data as well as any damage sustained, or by phoning 900 10 32 57. The procedure to be followed is described below.
You can return the product at any Inside point of sale in the country of purchase or by personal delivery by freight forwarder/courier service that we will send to your home.
We will carefully examine the returned product and we will communicate by e-mail, within a reasonable period of time, whether we will return or replace the product (as the case may be). The return and/or replacement of the item will be made as soon as possible and, in any case, within 30 days following the date on which we will send you an e-mail confirming that we will process the return or replacement of the unsuitable article.
The amount paid for products returned due to defect or aberration, if they do exist, will be refunded in full, including any delivery charges incurred to deliver the article. The refund will be made via the payment method used to make the purchase.
This does not affect customer rights recognized by current legislation.
15. RESPONSIBILITY AND LIABILITY DISCLAIMER
Except where explicitly specified to the contrary of these Terms, our liability in relation to any products purchased on our Website/App will be limited exclusively to the purchase price of the product in question.
Regardless of what is referred to herein, our liability is neither excluded nor limited to the following cases:
(a) Cases of death or personal injury caused by our negligence;
(b) Cases of fraud or fraudulent activity; or
(c) Any condition in which it is illegal or unlawful for us to exclude, restrict or attempt to limit or exclude our liability.
Without prejudice to the provisions of the preceding paragraph and to the degree permitted by applicable law, and except where these terms were laid out to the contrary, we will not be liable for consequential damage, such as:
i. Loss of revenue or sales;
ii. Loss of turnover;
iii. Loss of profits or loss of contracts;
iv. Loss of anticipated savings;
v. Loss of data; as well as
vi. Loss of management time or office hours.
Due to the open nature of this Website/App and the potential for 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 web site, except where expressly stated to the contrary in the site itself.
All descriptions of products, information and materials appearing on the Website/App are provided "as is" and without either explicit or implied warranties.
To the extent permitted by law, we exclude all guarantees, except those that cannot be lawfully excluded against consumers and users.
The provisions of this Clause shall not prejudice your rights recognized by law as a consumer and user, nor your right to withdraw from the contract.
16. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all intellectual property rights on material or contents submitted as part of the Website/App are our property and of those who have granted license for their use. You may use this material only in those ways for which you have received express authorization either from us or from those who have granted license for their use. This will not prevent you from using this web site to copy the information on your order or contact details.
17. VIRUSES, HACKING AND OTHER CYBERATTACK RISKS
You are required to avoid any misuse of this Website/App and prevent the introduction of viruses, Trojan horses, worms, logic bombs or other programs or materials that can cause damage. You will not attempt to gain unauthorized access to this Website/App, the server hosting this Website/App or any server, computer or database related to our Website/App, nor will you attack this Website/App via a denial or service or distributed denial of service.
Breach of this Clause may be considered an offense as defined by the regulations. In the event of breach of the aforementioned legislation, we will inform the competent authorities with whom we will work to identify those responsible for the attack. Similarly, in the case of non-compliance with this Clause, permission to use the Website/App shall be immediately withdrawn. We disclaim all responsibility for any damages or losses arising from a DoS attack, viruses or other program or materials that can cause damage to your computer technology, computer hardware, data, or materials through use of our Website/App or downloading content from the same or that redirect the user to it.
18. LINKS FROM OUR WEBSITE/APP
Where our site contains links to other pages or materials from third parties, these links are provided solely for information purposes. We do not exercise any control over the content or materials contained on these pages or sites. Therefore, we are not liable for any damages or losses resulting from their use.
19. WRITTEN COMMUNICATIONS
Current legislation requires that part of the information or communications must be sent in writing. By using this Website/App, you agree that the majority of communications exchanged with us are in electronic format. We will contact you by e-mail or provide you with information by posting notices on the Website/App. Under contractual agreements, you agree to the use of electronic means of communication and agree that any contracts, notices, information and other communications that we will send you electronically comply with any legal requirements that require written form. This condition does not affect rights recognized by law.
We send notifications to be submitted preferably via our contact form. In accordance with the provisions in Clause 19 above, and unless stated otherwise, we are authorized to send you communications by e-mail to the mailing address provided by you when placing an order.
It is understood that notifications are received and at the same time as they are published on our Website/App, 24 hours after being sent by e-mail, or 3 days after the date of postage of any letter. If a letter is sent, to confirm that the notification was made, it will be sufficient to check that the correct address has been given, the letter has been properly stamped and duly delivered by the post office or posted in a mailbox and, in the case of an e-mail, that it is sent to the e-mail address specified by the recipient.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding for both parties, as well as for our respective successors, assumptions and assignees.
You cannot convey, transfer or register or transfer a contract or our rights or obligations arising from the same in your favour or to yourself without having requested and obtained our prior consent in writing.
We are entitled to transmit, assign, sublicense or otherwise register and transfer a contract or the rights and obligations arising from it on our behalf or for us anytime during validity period of the contract. For the avoidance of doubt, such transmissions, assignments, transfers or other constraints will have no repercussions on your rights as a consumer under the law nor will these cancel, reduce or limit, in any other form, any explicit or implicit guarantees that we may have granted you.
22. CIRCUMSTANCES BEYOND OUR CONTROL
We disclaim all liability in the event of failure or delay in the fulfilment of the obligations under a Contract, the cause of which is attributable to circumstances beyond our reasonable control ("force majeure").
The causes of force majeure include any act, event, non-exercise, omission or accident that is beyond our reasonable control including, but not limited to:
1. Strikes, lock-outs or other claim;
2. Civil unrest, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
3. Fire, explosion, storm, flood, collapse, epidemic or other natural disaster;
4. Impossibility to use trains, ships, aircraft, motor transport or other means of public or private transport;
5. Impossibility to use public or private systems of telecommunication;
6. Acts, decrees, legislation, regulations or restrictions imposed by other Governments or public authorities;
7. Strikes, errors or accidents in maritime or river transport, post or any other type of transportation.
It is understood that our compliance obligations by virtue of any Contract will be suspended during the period when there is a case of force majeure and that we will provide for an extension of terms in order to fulfil our contractual obligations for the duration of that period. We will present all reasonable means to put an end to the Causes of Force Majeure and to find a solution that allows us to be able to comply with our obligations under the contract despite the presence of Force Majeure.
If, during the period of validity of a contract, we fall short of strict observance of any of the obligations undertaken by virtue of the same or any of these terms, or if we cease to exercise any rights or remedies that you are entitled to exercise or interpose by virtue of this agreement or of these terms and conditions, this shall not constitute a waiver of such rights or remedies nor exempt you from compliance with such obligations.
No waiver by us of a right or recourse implies the specific waiver of other rights or remedies arising from the Contract or from the conditions. No waiver by us of any of these terms or rights or actions arising from the Contract shall have effect, except where you expressly agree to this waiver, duly providing written communication in accordance with the provisions of the above paragraph concerning notifications.
If any of these Terms and Conditions or any provisions of a Contract are declared null and invalid by means of definitive resolution by a competent authority, the remaining terms and conditions will remain in force, without being affected by this declaration of invalidity.
25. INTEGRITY OF THE CONTRACT
These Terms and the entire document to which you make explicit reference herein account for the full agreement that exists between you and us in relation to the purpose of the contract. They supersede any covenants, agreements or verbal promises or writings previously entered into between you and us. Both parties recognize that they have entered into this agreement without having relied on any representation or promise made by the other party or that could be inferred from any declaration or written communication in negotiations initiated by both parties prior to this agreement, except as expressly stated in these Terms. Neither you or us shall have any remedy in respect of any untrue statement made by the other party, whether orally or in writing, prior to the date of the Contract (unless such untrue statement was made fraudulently), and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.
26. OUR RIGHT TO CHANGE THE TERMS AND CONDITIONS
We reserve the right to revise and amend these Terms and Conditions at any time.
27. APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts to purchase products through the website will be governed by Spanish law. Any dispute which might arise from or relate to the use of the website or the contracts will be subject to the exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this clause shall affect the rights afforded to you as such by the applicable legislation.
Liwe Española S.A. 2016. All Rights Reserved.