These general conditions (hereinafter the "General Conditions") contain the terms and conditions that govern on-line purchases of apparel and clothing accessories (hereinafter the "Apparel") put up for sale by "Ántali Technologies, S.L." (hereinafter "Ántali") through the e-commerce platform hosted in the web site "favoriza.com" (hereinafter, the "Favoriza") through the technical and telematic means thereby incorporated for such purpose (hereinafter, the "Service").
These General Conditions complete and develop, insofar as they are not incompatible therewith, the terms and conditions set out in the electronic purchase orders (hereinafter, the "Purchase Orders") executed by Ántali's clients (the "Clients" and each of them, individually, a "Client").
2. ACCEPTANCE OF THE GENERAL CONDITIONS
We invite you to carefully read these General Conditions since the completion and delivery of the Purchase Order will entail the express and full acceptance, without reserves, of any and all the General Conditions. To such purpose, prior to the delivery of the Purchase Order, the Client will be required to expressly accept the General Conditions.
If the Client does not accept all the General Conditions in their entirety, the Client shall not use Favoriza.
3. PRE-CONTRACT INFORMATION
Ántali, as provided under article 27 of Spanish Law 34/2002, of 11 July, of services of the information society and electronic commerce, hereby informs the Client the following:
1. The formalities required to enter into an Apparel purchase agreement are the following:
(a) Once the Apparel that the Client intends to purchase has been selected, it will be added to the purchase bag.
(b) To carry on with the purchase click on (i) "Shopping Bag", (ii) "Checkout" and, after following the instructions needed, (iii) "Buy".
(c) Complete the Purchase Order or check, as the case may be, the contact information, the order data, the telephone number and the address to which the Apparel would be delivered.
(d) Enter the credit card details.
(e) Click on "Authorize Payment".
(f) If the Confirmation described in clause 4 is received by the Client, it shall be deemed that the Apparel purchase agreement has been executed by the Client upon the receipt of such Confirmation.
2. The documentation of the purchase agreement (i.e. the Purchase Order and the corresponding Confirmation) will be filed by Ántali during 5 years. During such 5-year timeframe, if requested by the Client, Ántali will re-deliver by e-mail the documentation of the Purchase Order.
3. Any mistakes in the completion of a Purchase Order by can be identified by the Client upon receipt of the Confirmation delivered by Ántali any time Apparel is acquired. To correct a mistake once the Purchase Order has been submitted, please directly contact Ántali by e-mail or telephone as soon as you identify the mistake.
Additionally, the Client will be entitled at all times to review his or her data in the "My profile" tab available in the corresponding section of Favoriza and to modify such data.
4. The purchase agreement (i.e. the Purchase Order and the Confirmation delivered by Ántali) can be formalized either in English or Spanish language.
4. USE OF THE E-COMMERCE PLATFORM
To access Favoriza, use such platform to make orders and, in general, receive the Services rendered, the Client undertakes the following:
- Use Favoriza and receive the Services in accordance with the existing legislation of Spain at any time.
- Do not contravene Ántali's or Ántali's suppliers property rights or their intellectual and industrial property.
- Do not make any false or fraudulent order.
- In case Ántali were to consider that the Client is making a false or fraudulent order, Ántali shall be entitled to annul the order and inform the relevant authorities.
- Provide truthfully to Ántali his or her e-mail and personal and contact details.
- As provided in the Data Protection Policy, to which the Client has also expressed his or her consent, Ántali shall be entitled to deliver the Client information and advertisement materials on Favoriza and apparel and clothing accessories which may be of the Client's interest.
- Use diligently and keep in secret the password to access Favoriza.
The Services are not intended for use by children. If a Client were not, at least, 18 years old, he or she shall not use Favoriza.
5. INVITATION TO CONTRACT
Neither the General Conditions nor the information on Favoriza constitutes a sale offer. They constitute an invitation to the Client to contract the Services and acquire, if so is requested, the Apparel.
There shall be no agreement between Ántali and the Client in connection with any Apparel up and until the Purchase Order is expressly accepted by Ántali.
In case a Purchase Order was not accepted by Ántali and any amount had been charged to the Client, such amount shall be immediately reimbursed to the Client free of charge.
6. PURCHASE ORDERS
Purchase Orders duly complemented by the Client will be electronically processed by the Client through the e-commerce platform "Favoriza" using the technical means available in the platform for such purpose.
For such purpose, the Client shall provide Ántali correctly and in its entirety all the mandatory data requested.
Once Ántali has received the Purchase Order, in case the Apparel was available in Ántali's warehouses, Ántali will deliver to the Client a confirmation of the purchase agreement completed (hereinafter, the "Confirmation") to the e-mail address indicated by the Client in the Purchase Order.
The Apparel purchase agreement between the Client and Ántali shall only be deemed formalized once such Confirmation is delivered.
If at the time the Purchase Order is receipt, the Apparel is not available in Ántali's warehouses, Ántali will inform the Client that the Apparel selected is not available and, if feasible, will offer the Client the alternative of acquiring a different Apparel of similar features.
All the Apparel Purchase Orders are subject to the availability of the Apparel.
In the unlikely event that the Apparel was not available in our warehouses and a Confirmation had been delivered to you, you will be provided with information on alternative apparel of an equal or higher value and quality that you will be entitled to order.
If the Client does not wish to acquire such alternative apparel, Ántali shall reimburse to the Client any amounts charged.
The price of each piece of Apparel is the one indicated in Favoriza at the time of the submission of the Purchase order.
8.2 Means of payment
The Price shall be paid by credit card only.
The credit card payment service will be directly rendered by the issuing entity and, if applicable, by the credit entity. The credit card charge shall be made simultaneously with the delivery of the Confirmation.
Ántali expressly excludes any liabilities in connection with the confidentiality and security of the information and data provided by the Client at the time of payment of his or her electronic purchases by credit card to the extent that the processing of such information and data is not exclusively within Ántali's sole control.
As provided in the existing applicable legislation, if the purchase price were fraudulently or unduly charged using a credit card number, the holder of the credit card shall be entitled to request the immediate cancellation of the charge. In such case, the corresponding debit and credit entries corresponding to Ántali and the holder shall be restored as soon as feasible. Notwithstanding the foregoing, if the purchase had been effectively made by the holder and the refund had not been requested in the context of the exercise of the withdrawal right referred in clause 11 below and, therefore, the Client had unduly requested the refund, the Client shall be liable against Ántali for any damages arising from the cancellation of purchase price charge.
8.3 Taxes and expenses
The costs of preparing, packing and delivering the Apparel purchased, as well as, if applicable, VAT and any other relevant taxes payable shall be paid by the Client.
Deliveries shipped to the Canary Islands, Ceuta and Melilla shall be VAT exempted as provided under article 21 of Law 37/1992, of 28 December, of the Value Added Tax, without prejudice to the taxes and tariffs applicable under the existing rules of such territories.
9. DELIVERY OF THE APPAREL
The delivery date shall be the one indicated in Favoriza at the time of the submission of the relevant Purchase Order of the Apparel. In case no date is provided, the Apparel shall be delivered within the fifteen (15) calendar days that follow the delivery of the Confirmation by Ántali.
In the unlikely event that for any reasons Ántali could not deliver the Apparel within the term committed, the Client shall be informed of the delay and the Client will be, at his or her sole digression, entitled to carry on with the purchase or, alternatively, cancel the purchase and receive the total refund of the purchase price.
9.2 Transfer of risks
The delivery shall be made by placing the Apparel at the Client's disposal by Ántali, or by a third party on behalf of Ántali, at the address indicated by the Client in the Purchase Order
The Client shall be liable for the Apparel's deterioration, damage or loss from the time at which the Apparel is made available to him or her under the terms of this clause.
It shall be understood that the Apparel is "at the Client's disposal" at the time of execution of the acknowledgment of receipt of the Apparel at the address agreed.
9.3 Impossibility of delivery
If, after two attempts of delivery of the Apparel, it were not possible to deliver the Apparel because no individuals were present at the address indicated by the Client, Ántali will leave a note to the Client indicating him or her the order's location and the steps required to collect the order.
In the event that, within the fifteen (15) calendar days that follow the date in which the order is available at the address indicated by Ántali, the order were not delivered for reasons not attributable to Ántali, it shall be understood that the Client has exercised the right of withdrawal to which the Client's is entitled under clause 11 below in connection with the Apparel.
As a result of the exercise of the right of withdrawal, within the maximum term of thirty (30) calendar days from the date in which it is understood that the withdrawal right has been exercised, Ántali shall reimburse to the Client the price paid for the Apparel discounting the expenses directly arising from the attempt of delivery of the Apparel, the conservation of the Apparel and the transportation of the Apparel to Ántali's wharehouse.
10. RELEASE OF LIABILITY ARISING FROM THE DELIVERY
Ántali shall be released from the delivery obligations by which it is bound under clause 7 hereof and does not accept any liability thereof in any of the following cases:
(a) Failure by the Client to make payment in full or in part.
(b) Any omission or inaccuracy in the information to be provided by the Client in the Purchase Order when making the Purchase Order, pursuant to the contents of clause 6 hereof.
As provided in clause [17.2] below, in case of Force Majeure Event:
(a) the fulfillment of the agreement shall be suspended; and
(b) Ántali shall contact the Client for the purpose of delivering the Apparel as soon as feasible, once the Force Majeur Event has terminated.
11. RIGHT OF WITHDRAWAL
As provided in the applicable Spanish legislation, the Client may freely withdraw from the Apparel purchase agreement within a period of fourteen (14) calendar days following the date on which he or she receives the Apparel.
The date shown on the receipt acknowledging delivery of the Apparel shall serve for the purposes of calculating this seven-day period.
Exercise of the right of withdrawal shall not be subject to any kind of formality and may be accredited in any manner permitted in law.
Exercise by the Customer of its right of withdrawal shall not result in the imposition of any kind of penalty. Notwithstanding the foregoing, the Client shall be responsible for the direct cost of returning the Apparel, and any item returned against payment of freight costs shall therefore be refused.
With the aim of facilitating the Client's right of withdrawal, the Client may complete the notice of withdrawal provided by Ántali and submit it by courier together with a print of the Confirmation before the end of the aforementioned seven-day period.
The notice of withdrawal (or, as the case may be, the document pursuant to which the Client exercises the right of withdrawal) must be sent to the address shown in such notice together with (i) the Apparel, in as-new condition and in its original packaging or, where this is missing, properly packaged using the Client's own resources and (ii) the original invoice issued by Ántali to the Client.
Any risk of the Apparel's loss, deterioration or damage in the event of withdrawal shall be the Client's responsibility until the Apparel has been delivered to Ántali.
The Client has the duty of evidencing that he or she has duly and timely exercised the right of withdrawal in time and in a proper manner.
11.3 Repayment of the purchase price in the event of withdrawal
When the right of withdrawal is exercised, Ántali shall repay the amount paid for the Apparel (save for the direct cost of returning the Apparel, any item being returned against payment of freight costs being refused) to the Client within a maximum term of thirty (30) calendar days following receipt of the Apparel by Ántali. The repayment of the purchase price shall be made through the credit card with the Client has made the payment of the purchase price.
In the event that the Apparel returned displays some defect and therefore, its value were lower than the one it had when it was initially delivered to the Client, the Client shall compensate Ántali in the amount due in respect of such defect, and Ántali shall deduct such amount from any amount payable to the Client as a result of its withdrawal.
The return of used Apparel is not allowed save in case that the Apparel has only been used to try it on, under standard conditions, to decide whether or not to definitely acquire it. In case the Apparel has been used, it will be stored by Ántali and made available to the Client for his or her collection in Ántali's warehouse during the six calendar months that follow the date in which Ántali notifies to the Client that it does not accept the return of the Apparel.
11.4 Exceptions to the right of withdrawal
By way of exception, the right of withdrawal shall not apply.
to purchase agreements relating to Apparel that has been prepared to the user's specifications, or that has been clearly personalized.
Furthermore, where the Client is not the end user, as set out in the Spanish Law of Consumers and End-Users, the Client expressly waives the right of withdrawal.
12. AVAILABILITY OF THE SERVICE
The Apparel is only up for sale and can only be delivered within the European Union.
13. DEVOLUTION OF DEFECTIVE APPAREL OR APPAREL DIFFERING FROM THE SPECIFICATIONS OF THE PURCHASE ORDER
In case the Client were to consider that at the time of the delivery, the Apparel has defects or does not comply with the specifications of the Purchase Order (by way of example, because it is of a different color or size), the Client shall immediately contact Ántali by telephone or e-mail and provide Ántai with the details of the Apparel and the Purchase Order as well as with a description of the defects or the deviation of the features of the Purchase Order.
Ántali will indicate the Client how to return the Apparel and will send a messenger to the Client's address to collect the Apparel within the 48 work hours following the date in which the Client has contacted Ántali.
Ántali will carefully revise the Apparel returned and will communicate to the Client either by telephone or by e-mail, within a reasonable term, whether (a) the Apparel should be substituted or (b) the Apparel should be returned to the Client, at the Client's expense (including the expenses relating to the collection), to the address indicated by the Client because the Apparel does not show defects or does not deviate from the features of the Purchase Order.
The devolution or substitution of the Apparel shall be made as soon as feasible and, in any event, within the fifteen (15) calendar days following the date in which Ántali calls or sends an e-mail to the Client confirming or rejecting the substitution of the Apparel.
14. PERSONAL DATA PROCESSING
Ántali hereby informs the Client that any personal data that the Client provides to Ántali in the Purchase Ordes or that is generated in the context of the agreement between the Client and Ántali shall be processed and incorporated into files, for the purposes of and in accordance with the terms and conditions set out in the data protection policy.
The Client, in the terms provided under the applicable legislation, has the right to access, rectify or otherwise cancel the personal data recorded in the files that Ántali custodies by sending a communication to Ántali as provided under the data protection policy.
15.1 Purchase Orders and post-sale services
Any communication between the Client and Ántali in relation to a Purchase Order or a post-sale service may be made by ordinary or electronic mail.
Ántali provides the following address for communication purposes:
Edificio Alcovega 14-16
Carretera de Fuencarral 14/16, bloque I F7
28108 Alcobendas - MADRID
Attention: Customer Care
The Client's address for communication purposes shall be the one indicated in each case in the relevant Purchase Order.
Any communication in relation to a Purchase Order that is delivered in the addresses indicated above shall be deemed as correctly executed save in case the recipient of the communication had notified, with at least ten (10) calendar days in advance, a different address for communication purposes to the other party.
15.2 Complains and other communications
The Client can deliver his or her complains and other communication by ordinary or electronic mail to the addresses set out in clause 15.1 above.
16. INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY
The contents (including texts, photographs and images) hosted in Favoriza belong to Ántali or to third parties that have allowed to Ántali their use.
The Client is hereby informed that Ántali's intellectual and industrial property is protected in accordance with the applicable legislation.
The total or partial reproduction of the contents hosted in Favoriza without Ántali's previous written consent is forbidden. Notwithstanding the foregoing, Ántali expressly consents the copy by the Client of the data relating to the Purchase Order or the Apparel that the Client has acquired or envisages to acquire.
Ántali's liability in relation to any Apparel acquired in Favoriza shall be limited to the purchase price paid for the said Apparel, save in those circumstances where the Spanish legislation expressly provides a different limitation.
Ántali shall not be held liable in any case for any indirect damages caused to the Client or for loss of profit (lucro cesante)
17.2 Force majeure
Ántali does not accept any liabilities arising from breaches of the terms and conditions of an Apparel purchase, and in particular, delays in the delivery of Apparel, caused by force majeure events ("Force Majeure Events").
Force Majeure Events include any acts or circumstances beyond Ántali's or the Client's reasonable control including, by way of example, among others, general strikes or industry strikes affecting the delivery of the Apparel and lock-outs, fire or burglaries in Ántali's premises affecting the Apparel and the impossibility to use, for any reason, by Ántali or third parties hired by Ántali, the physical accesses to the address to which the Client has indicated that the Apparel has to be delivered.
Antali's undertakings vis-à-vis the Client in relation to the Apparel and, in particular, the delivery term, shall be suspended until the Force Majeure Event elapses, being Ántali entitled to an extended term in which to comply, such extended term being equal to the time in which the Force Majeure Event was in force.
These General Conditions can be amended by Ántali. It is the Client's duty to revise them periodically as the conditions existing at the time of the use of the web page or the execution of the purchase agreement shall be conditions applicable to the Client.
This agreement is governed by Spanish law and subject to the jurisdiction of the Courts and Tribunals of the City of Madrid.