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PURCHASE CONDITIONS

This website has been designed for the online jewellery retail.

The Purchase Conditions herein regulate the sale of products from the www.urbanfawn.es website, property of URBAN FAWN.

Before placing an order on this website, we recommend that you read and understand carefully these Purchase Conditions.

As a costumer, you hereby explicitly acknowledge that you are aware of, understand and accept the General Terms and Conditions of Business.

In case you do not agree with the terms and conditions mentioned below, please refrain from making any purchase on this website.

These Terms and Conditions may be subject to change at any tie. Therefore, it is advisable to check them periodically in order to know the Terms and Conditions which are applicable at the time of the purchase.

All information and personal data you provide shall be treated according to our Privacy Policy.

By using this website you accept the processing of such information and certify that all information and data provided are accurate and correct.

You agree to use this website only for legally valid enquiries and orders, to not place any false, fraudulent or speculative orders (in which case we shall be entitled to cancel the order and to report the corresponding authorities) and to provide your contact data in an accurate and precise manner.

The user also authorises URBAN FAWN to use such information in order to contact him/her if necessary. 

By placing an order through this website, the user certifies being older than 18 and having legal authority to form legally binding agreements.

Service Availability

The products offered in this website are available for distribution worldwide.

Conclusion of the Agreement

No contract in respect of any products shall exist between URBAN FAWN and the User until your order has been explicitly accepted by us. Should the User’s offer be rejected and in case the User has already been charged, the amount of the purchase will be refunded entirely and as soon as possible.

In order to place an order, the User shall follow the website’s online purchase procedure. Orders shall be subject to approval, i.e., the User shall receive an email confirming the shipment of the product.

The agreement for the purchase of a product between the User and URBAN FAWN shall only be formalised when the User receives “The order is being prepared” confirmation by URBAN FAWN.

URBAN FAWN is under no obligation to provide the User with any products which might have been part of his/her order until the dispatch of such products has been confirmed in an “The order is beeing prepared” Confirmation.

Product Availability

In the event of supply difficulties or if the products are no longer in stock, URBAN FAWN reserves the right to provide the User with information about other products.

If the User does not wish to order such substitute products, he/she will receive a full reimbursement as soon as possible.

Refusal to process products

URBAN FAWN shall not be liable to the User for refusing to process an order once an Order Confirmation has been sent. In this event, the User will always be informed through an email.

Impossibility of delivery

In the event that the order is not delivered due to causes not attributable to URBAN FAWN within 10 work days from the date the order is available for delivery, URBAN FAWN will understand the User wishes to withdraw from the agreement and it shall be deemed terminated.

As a result of the termination of the agreement, the User will receive full reimbursement of the amount paid as soon as possible and, in any case, no later than 30 calendar days from the date of termination of the agreement, so long as URBAN FAWN has been able to recover the product. In such events, URBAN FAWN is entitled to charge the User for the transportation costs resulting from the shipment and the agreement termination.

Passing of product risk and property

Product risks will be passed to the User at the time of delivery.

Price and payment

The price of each product shall be as established on URBAN FAWN’s website, except in cases of manifest error.

Should an error be found in the price of any product order by the User, he/she shall be immediately informed and be given the opportunity to reconfirm the order at the correct price or to cancel it. Should URBAN FAWN fail to contact the User, the order shall be deemed cancelled and the User will receive full reimbursement of any amounts paid.

URBAN FAWN is under no obligation of supplying any product at the incorrect price (even if an Order Shipping Confirmation has been sent) if the error in the price is abundantly obvious and unmistakable and it could have been reasonably recognised by the User.

All prices in this website include VAT. Shipping costs are not included and will be added to the total amount according to the place of delivery.

The order placement and payment must be made as follows:

Payment may be made through bank transfer or credit card (Visa, Mastercard, and American Express) and online through PayPal. Once an order is received, an authorisation hold will be made on the User card limit in order to ensure that there are sufficient funds for execution of payment.  Charge of the credit card will be made at the time of product purchase. 

For shipments within Spain the payment on delivery method may be used. The cost os this service is 5 euros

VAT

In accordance with the legislation in force, any purchase made through this website shall be subject to a Value Added Tax (VAT), which will be charged at the applicable rate at the time of delivery.

Regarding sales in other states, according to the current regulation applied to distant purchases, deliveries shall be deemed local and shall be taxed in Spain.

Liability and exemption of liability

Save where it is expressly provided otherwise in these Conditions, URBAN FAWN’s liability regarding any product purchased in our website is strictly limited to such product purchase price. Notwithstanding the foregoing, URBAN FAWN’s liability is not excluded nor limited in the following cases: in the event of death or personal injuries caused by URBAN FAWN’s negligence, in the event of fraud or fraudulent misrepresentation, or in any subject in which it would be illegal to exclude, limit or try to exclude or limit URBAN FAWN’s liability.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, URBAN FAWN does not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out.

All product descriptions, information and materials featured in this website are provided “as is”, with no expressed or implicit warranties.

URBAN FAWN excludes all warranties to the full extent permitted by law, except for those which may not be legitimately excluded.

The provisions in this section will not affect the User’s legal rights as a consumer, or his right to terminate this Agreement.

Intellectual Property

The User acknowledges and agrees that any copyright, trademark and intellectual property right over the materials or contents provided as part of this website shall remain at all times vested in us or our licensors. The User is permitted to use this material only as expressly authorised by us or our licensors.  This shall not preclude the use of this website to the extent necessary in order to copy the information of his order or his contact information.

Computer attacks

Inappropriate use of this website by intentionally introducing viruses, trojans, worms, logic bombs or any kind of program or technologically harmful material is forbidden. The User shall not attempt to access this website, the server in which it is hosted or any server, computer or database related to URBAN FAWN’s website.

The User agrees not to attack this website through denial-of-service attacks.

Failure to comply with this provision may lead to the commission of infringements criminalized by present law. 

Any breach of this regulation will be reported to the competent authorities, with whom URBAN FAWN will cooperate to reveal the attacker’s identity. Moreover, any breach of this regulation shall entitle URBAN FAWN to ban access to this website by the User.

URBAN FAWN shall not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other kind of program or technologically harmful material which may affect the User’s computer, data or materials as a result of the use of this website or derived from downloading contents from it or from sites to which it redirects.

 

Links from URBAN FAWN’s website

In case URBAN FAWN’s website contains links to third party websites and materials, such links are provided only for informational purposes and URBAN FAWN has no control whatsoever over their contents. Therefore, URBAN FAWN takes no liability for any damage or loss resulting from their use.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. By using this website, you agree that most of such communications with us will be in electronic form.

Notices

All notices to URBAN FAWN by the Client should be addressed to info@urbanfawn.com unless otherwise stated, all communications to the Client by URBAN FAWN will be addressed to the Client’s e-mail or to the postal address he provided when placing the order.

Transfer of rights and obligations

This Agreement is binding upon the parties hereto and their respective successors and assingns The Client may not transfer, assign, charge or otherwise dispose of an Agreement or any of his rights and obligations arising under it without prior written consent.

URBAN FAWN may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights and obligations arising under it at any time during the term of this Agreement. For the avoidance of doubt, such transfers, assignments or charges shall not affect the Client’s rights as a consumer nor shall they cancel, reduce or limit in any way any expressed or implicit warranty he may be granted by URBAN FAWN.

Events beyond URBAN FAWN’s control

URBAN FAWN shall never be liable for non performance, defective performance or delayed performance of any obligation arising from this Agreement if they are due to events of Force Majeure.

URBAN FAWN's obligations arising from Agreements will be deemed as suspended for the duration of the Event of Force Majeure and we shall have a time extension in order to fulfil such obligations equivalent to the duration of the Event of Force Majeure.

The following will be deemed as events of force majeure:

a. Strikes, lockouts or any industrial action.

b. Civil commotion, uprising, invasion, terrorist attack or threat, war or threat of war.

c. Fire, explosion, storm, flood, earthquake, subsiding soil, epidemic or any natural disaster.

d. Inability to use trains, ships, aircrafts, motorized transport or other public or private means of transport.

e. Inability to use public or private telecommunication systems.

f. Acts, ordinances, legislation, regulations or restrictions by other governments.

g. Strike, failures or accidents in maritime, river or postal transport.

Waiver

The absence of an explicit call by URBAN FAWN to strictly comply with any of the obligations assumed by the Client under this Agreement or the failure by URBAN FAWN to exercise or enforce any rights or provisions of this Agreement does not constitute a waiver of it. No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement. No waiver by URBAN FAWN of any terms or rights in this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to the User in writing.

Right to revise the Terms

URBAN FAWN has the right to change the Terms of this Agreement at any time. The User shall be subject to the policies and Terms in force at the time the order is placed, unless any change to those policies and Terms is required to be made by law or governmental authority, in which case it will apply to orders previously placed by the User.

 

 

Applicable law and competent jurisdiction

Any controversy or claim arising from the contents, activities and services of this website between URBAN FAWN and the Users and/or third parties, shall be subject to the jurisdiction of the Courts and to the Spanish legislation, expressly waiving any other jurisdiction that could correspond to them, unless a different legislation or jurisdiction is determined by applicable law.

Duration and termination

The functioning of this website is not limited in time. Nonetheless, URBAN FAWN may temporarily suspend the provision of services and/or terminate it definitively, at any time and with no advance notice.

Customer Service

In URBAN FAWN we know the success of our business depends on our clients’ satisfaction. Thus, we have highly qualified professionals in order to provide our clients with the highest-level quality of service at info@urbanfawn.com.


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