1. 1. INTRODUCTION
This document (together with the documents referred to on it) sets out the conditions that govern the use of this website and the purchase of products in the same (hereinafter, the "Terms").
Please read the Terms carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms, so is if you agree with all Terms, do not use this website.
These Terms may be modified. It is your responsibility to read them regularly, as conditions prevailing at the time of use of the website or conclusion of the contract (as it is defined below) shall be as may be applicable.
The Contract (as defined below this) may be formalized, at its option, in any of the languages in which the Conditions are available on this site.
. 1 2. OUR DATA
This website is operated under the name www.indalas.com
-YOUR NAME AND YOUR VISITS TO THIS WEBSITE
1. 3. USE OF OUR WEBSITE
By using this website and place orders through it you agree to:
Make use of this website only to make legitimate inquiries or orders.
Do not make any false or fraudulent orders. If one could reasonably consider that has made an order of this kind we are entitled to cancel the order and inform the relevant authorities.
If you do not give us all the information we need, we can not complete your order.
By placing an order through this website, you declare to be over 18 and have legal capacity to contract.
. 1 4. AVAILABILITY OF SERVICE
Items that are offered through this website are only available for shipment to Spanish territory.
. 1 5. CELEBRATION OF CONTRACT
The information contained in these Terms and the detail contained in this website does not constitute an offer for sale but rather an invitation to contract. There will be no contract between you and us in connection with any product until your order has been accepted by us. If your offer is not accepted and you have already made a charge to your account, the amount thereof shall be returned to him in full.
To order, follow the shopping process online and click "Checkout". 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 is an offer that you make to us to buy one or more products. All orders are subject to acceptance by us, which is informed through an email that confirms that the product is being shipped (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.
They will be under contract only those products listed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until we confirm the shipment thereof in a Confirmation.
1. 6. AVAILABILITY OF PRODUCTS
All orders are subject to product availability thereof. In this sense, if difficulties arise in the supply of products or items are not in stock, we reserve the right to give you information about substitute products of equal quality and value and up you can order. If you do not wish to order such substitute products we will reimburse any amounts you may have paid.
1. 7. REFUSAL TO ORDER
We reserve the right to withdraw any products from this website at any time and to remove or edit any materials or content thereof. While we do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent the Order Confirmation, so 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 sent you the Order Confirmation.
1. 8. DELIVERY
Subject to Clause 6 above regarding the availability of products and unless extraordinary circumstances occur, we will try to send the order consisting of the item / s listed in each Order Confirmation before the delivery date set out in Delivery Confirmation in question or, if no delivery date is not specified, within 30 days from the date of the Order Confirmation.
However, delays may occur for any of the following reasons:
• customization of products;
• specialty items;
• unforeseen circumstances; or
• 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 we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, be deemed to have produced the "delivery" or the order has been "delivered" when signing for receipt thereof in the agreed delivery address.
-UNABLE TO DELIVER
If after two attempts we are unable to make delivery of your order, we will try to find a safe place to leave. Also, we will leave a note telling you where your order is and how to collect it. If you will not be at the delivery location at the time agreed, please contact us to arrange delivery for another day.
If within 30 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we understand that you want to cancel the Contract and we will consider it solved. Following the termination of the Agreement, we will refund the price paid for such goods as soon as possible and in any case within a maximum period of 30 days from the date that I consider termination of the Contract. In these cases, we are entitled to bear the costs of sending transport and termination.
1. 9. RISK AND PROPERTY OF PRODUCTS
The risks of the products will be in charge 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 costs, or at the time of delivery, whichever is later in time.
1. 10. PRICE AND PAYMENT
The price of each product will be as stipulated at any 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 any product 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 a full refund will have already paid.
We will not be obliged to supply any product to incorrect lower price (even though we've just sent the Order Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably recognized by you as incorrect price.
The prices on the website include VAT but exclude shipping costs to be added to the total amount due as set out in our Delivery Costs Guide.
Prices may change at any time, but (except as noted above) changes will not affect orders in respect of which we have already sent an Order Confirmation.
Once you have finished shopping all the items you wish to purchase are added to your cart and the next step will process the order and make payment.
1. 11. VALUE ADDED TAX
In accordance with Article 68 of Law 37/1992 of December 28, the value added tax, delivery of items means located in the Spanish territory of application of VAT if the delivery address is in Spanish territory. The VAT rate will be the prevailing rate at any time depending on the particular item in question.
1. 12. POLICY CHANGES / REFUNDS
Legal right to withdraw the purchase
Under the applicable regulations, if you are contracting as a consumer, you may cancel the Contract (except when the object of it is any of the products for which the right of withdrawal is excluded in the Common Provisions) at any time within the within 14 calendar days from the date of delivery of your order.
In this case, we will refund the price paid for the products. You do bear the direct cost of returning the product.
It may prove the right of withdrawal in any manner permitted by law, in all cases considered validly exercised this right by sending a withdrawal document provided by us or by returning the goods.
This provision does not affect other consumer rights recognized by current legislation.
You are not entitled to cancel the Contract for the supply of any of the following products:
• Custom Items
• For reasons of hygiene, hosiery, socks, earrings, headbands and other hair ornaments (pins, rubber bands, scrunchies ...).
Your right to cancel a Contract shall apply exclusively to those products that are returned in the same condition you received them and contain all seals and labels which were delivered (especially hygienic seals in the case of clothing bathroom). Please return the item using or including their original packaging. You must also include all instructions, documents and packaging products. In any case, you must submit with the product to return the ticket to be received at the time of product delivery duly completed. There will be no refund if the product has been worn beyond simply opening the same or has been damaged, so you should be careful with the products while they are in your possession.
Changes can only be done by the same item in a different size or color.
1. 13. LIABILITY AND DISCLAIMERS
Unless otherwise expressly provided in these Terms, our liability in connection with any product purchased on our website is strictly limited to the purchase price of the product.
Notwithstanding the above, our liability is excluded or limited in the following cases:
• In case of death or personal injury caused by our negligence;
• In case of fraud or fraudulent misrepresentation; or
• In any case in which it would be illegal or unlawful for us to exclude, limit, or you attempt to exclude or limit our liability.
Notwithstanding the provisions of the preceding paragraph and to the extent legally permitted, and unless these Conditions otherwise provided, we accept no responsibility for the following losses, regardless of their origin:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data; and
• loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information is produced, do not warrant the accuracy and security of information transmitted or obtained through this site, unless stated expressly provided otherwise herein.
All product descriptions, information and materials contained in this website are provided as true body and without express or implied warranties on them.
To the extent permitted by law, we exclude all warranties leaving except those which can not lawfully be excluded in respect of consumers and users.
The provisions of this clause do not affect your statutory rights as a consumer and user, or your right to cancel the Contract.
1. 14. 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 brand website we are at all times to us or our licensors for your use. You may use this material only in the way it is 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.
1. 15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. By using this site, 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 site. 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 comply with legal requirements to be written. This condition does not affect your statutory rights.
1. 16. NOTICES
Notices to us must be sent preferably via our contact form. For our part, we can either send communications to e-mail or to the address provided by you when placing an order.
It is understood that the notifications have been received and properly served in the instant when posted on our website, 24 hours after an e-mail, or three days have been sent after the date of posting of any letter. To prove that the notice has been made, will be sufficient to prove, in the case of a letter, which had the right direction, was properly sealed and that was duly delivered in email or in a mailbox, and in the case of an email that the same was sent to the email address specified by the receiver.
1. 17. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us and on 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 for or to you, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of the 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, if any, recognized as a consumer you have statutory or canceled, reduced or otherwise limited warranties whether expressed or implied, to we could have awarded.
1. 18. EVENTS BEYOND OUR CONTROL
We will not be responsible for any failure or delay in performing any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event") should control.
The Force Majeure Event includes any act, event, lack of exercise, omission or accident beyond our reasonable control and includes in it's particular (without limitation) the following:
• Strikes, lockouts or other industrial action.
• civil commotion, riot, invasion, terrorist attack or threat of terrorism, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of transportation, public or private.
• Inability to use public or private telecommunications networks.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• strike, failure or accidents of maritime or fluvial transport, postal or other transportation.
They understood that our obligations under the Contract shall be suspended during the period that the Force Majeure Event continues, and we will have an extension in the deadline to comply with these obligations for a period of time equal to the duration of the Force Majeure. We will use our reasonable endeavors to bring the Force Majeure or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Event.
1. 19. WAIVER
The lack of requirement for our share of strict compliance by you of any of the obligations assumed by you under a Contract or these Conditions or lack of exercise by us of any right or remedy that we may correspond under of this Agreement or the Terms will not constitute a waiver or limitation with respect to those rights or remedies and shall not relieve comply with such obligations.
No waiver by us of any right or concrete action constitute a waiver of other rights or remedies under the Contract or the Terms.
No waiver by us of any of these Terms or the rights or remedies under the Contract shall become effective, unless expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with paragraph Notices above.
1. 20. SEVERABILITY
If any of these Conditions or any provisions of a contract they were declared null and void by a final decision by a competent authority, the remaining terms and conditions shall remain in force without being affected by such declaration of invalidity.
1. 21. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us relating to the subject thereof and supersede any prior agreement, understanding or arrangement between you and us, whether oral or writing.
You and we acknowledge having consented to the conclusion of the contract without having rely 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 explicitly mentioned in these Conditions.
Neither you nor us shall have action against any untrue statement made by the other party verbally or in writing, prior to the date of the Contract (unless such untrue statement had made fraudulently) and the only action that will have the Moreover be for breach of contract as provided in these Conditions.
1. 22. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to revise and amend these Terms at any time.
1. 23. GOVERNING LAW AND JURISDICTION
Use of our website and purchase contracts of products through this website shall be governed by Spanish law.
Any dispute arising from or relating to the use of the website or to such contracts shall be subject to the non exclusive jurisdiction of the courts and tribunals.
If you are contracting as a consumer, nothing in this clause shall affect the rights recognizes you as such applicable law.
1. 24. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send us feedback and comments via our contact form.