Terms of sale
General Conditions of Sale made by JOSE FUENTES ATELIER through its Internet sales platform, www.josefuentesatelier.com
This document includes the general conditions of sale of Sandra López Aguilar hereinafter JOSE FUENTES ATELIER, through www.josefuentesatelier.com with the following information:
C / Obispo Vera Delgado, 4. San Fernando (Cádiz)
Orders made by clients to JOSE FUENTES ATELIER and that he accepts, will be subject to these conditions. These conditions replace any other commercial agreement between JOSE FUENTES ATELIER and the Client, unless expressly agreed otherwise by a person with sufficient power.
JOSE FUENTES ATELIER reserves the right to change its prices without prior notification, at any time. The prices in force will be those that prevail when an order is accepted. If in the communication of prices these are reported with VAT included, the price is that of a unit with its corresponding rounding, which may cause that in an order of several units the final amount is not exactly equal to multiplying the quantity by the price unit VAT included due to rounding differences; that is, it cannot be guaranteed that the sum of the rounding is equal to the rounding of the sum. An example is illustrated for clarity and to avoid any type of claims for this reason. The Client understands and knows this situation, therefore committing not to make sterile claims for this reason, unless there is some kind of error.
Example of rounding differences:
Price 21% VAT Included: € 5.00
(4.13 base + 21% VAT = 4.13 + 0.8673 = 4.9973 -> ROUNDING € 5.00)
Quantity 10 Units.
Tax Base 4.13 x 10 = 41.30;
VAT 41.30 x 21% = 8.673 -> Rounded 8.67
Total Invoice 41.30 + 8.67 = € 49.97 -> DIFFERENT FROM 50.00 (10 x 5).
The Client will make the payment of their orders through the payment methods that JOSE FUENTES ATELIER makes available to them.
In the case of transfer, the client must make the payment no later than 2 business days, committing JOSE FUENTES ATELIER to send the merchandise according to the stipulated and published deadlines ONCE SUCH PAYMENT IS RECEIVED. If the transfer is not received within the indicated period, JOSE FUENTES ATELIER may cancel the order, without it being necessary to make any communication of this situation by JOSE FUENTES ATELIER.
In the case of cash on delivery, if the Client, upon receipt of the merchandise, does not pay the amount claimed in the operation, and therefore does not deliver it, JOSE FUENTES ATELIER may claim the Client for transport costs and any other damage that has been caused.
4. CUSTOMER ACCOUNTS.
Once an order has been confirmed, the Client may only cancel it by means of a written agreement within a maximum period of 2 business days, normally by email, with a representative of JOSE FUENTES ATELIER with sufficient power to do so.
JOSE FUENTES ATELIER will make all the efforts that are within its reach to supply the products purchased in the shortest possible time, but will not be responsible for compensating the Client in any case for non-delivery, or late delivery and fulfillment, except intent. Delivery is made by making the customer available to the address indicated by the products ordered. JOSE FUENTES ATELIER may at his choice, organize delivery directly from the manufacturer or supplier, especially in cases of very bulky products or with special transport conditions.
7. RIGHT OF WITHDRAWAL. RETURN OF PRODUCTS.
The customer, at his option, and except for the exceptions referred to below, may within a period of 2 calendar days from receipt of the products proceed to return them (exercise their right to withdrawal). Before proceeding with the return, the Client must contact JOSE FUENTES ATELIER to express the incident and agree on the way to refund the amount. The merchandise must be in the same condition as it was received, in its original packaging.
Exceptions to the right of withdrawal (to return):
The right of return will not apply to the following items:
- To be found within a period of 2 calendar days from the material receipt of the articles by the consumer.
- The products must be in their original and unused condition, with all the JOSE FUENTES ATELIER labels, together with the documentation included.
- The return must be made in the original packaging.
- For party dresses you will never be able to refund the amount, only change of size if necessary.
- Personalized or custom-made goods.
- JOSE FUENTES ATELIER will not accept exchanges or returns of used, worn, damaged items or that do not comply with this exchange and return policy. These items will be returned to the customer and, therefore, the amount will not be refunded. The expenses derived from the return of the items to the customer will be borne by the customer.
JOSE FUENTES ATELIER will reimburse the amount of the product using a means of payment similar to the one used for the purchase of the same, or by transfer in the event that it is agreed. The return will be made once the merchandise has been received and verified or in the case of unloaded products, the authorization of the holder of the rights of the same for their payment has been obtained.
In addition to legal rights, and the option of withdrawal, customers from the European Union enjoy a two-year warranty from the date of receipt of the products.
9. VERACITY OF THE INFORMATION ON THE PRODUCTS.
JOSE FUENTES ATELIER makes every effort so that the information of the products sold through www.josefuentesatelier.com is truthful; However, sometimes it may happen that some characteristic of a product is not updated, some of its specifications has changed, or in general some information about a product is not truthful. Please inform yourself, especially in the case of products not manufactured by JOSE FUENTES ATELIER, in depth of their characteristics through the means at your disposal. In the event that this difference in the characteristics of the product is relevant, you are protected by the right of withdrawal, which you may exercise.
10. EXCLUSION OF LIABILITY.
JOSE FUENTES ATELIER cannot, nor does it exclude its responsibility towards the Client for any reason for which it would be illegal to do so, or due to intent or gross negligence.
However, JOSE FUENTES ATELIER will not accept any type of claim such as, by way of description, but not by way of example, loss of profit, loss of business, loss of expected savings due to the use of a product, losses in image or goodwill, or any direct or indirect loss derived from the breach or delay in any of the following cases:
1) These are reasonably foreseeable. In other words, the situation of delay or inadequacy of the supply or any other that has caused the damage, was clearly foreseeable without this situation being caused with intent or gross negligence.
2) They have occurred due to circumstances beyond or beyond the control of JOSE FUENTES ATELIER.
3) Causes of force majeure including, but not limited to, situations such as: war, fire, explosion, flood, government actions, import or export regulations, labor disputes, strikes, or the impossibility or difficulty of obtaining product supplies.
11. APPLICABLE LEGISLATION AND JURISDICTION
The relationship between JOSE FUENTES ATELIER and the Client will be governed by current Spanish regulations, and any dispute will be submitted to the Courts and Tribunals of the city of San Fernando (Cádiz), except in specific cases of defense of consumer rights.