1. Introduction
This document (together with all the documents mentioned in it) sets out the conditions governing the use of this website (www.feversave.com) and the purchase of products on it (hereinafter referred to as the "Conditions").
Please read these Terms, our Cookie Policy and our Privacy Policy (together, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it you agree to be bound by these Terms and Conditions and our Data Protection Policies, so if you do not agree with all the Terms and Policies of Data Protection, you must not use this website.
These Conditions could be modified. It is your responsibility to read them periodically, as they will be applicable those that are in force at the time of placing orders or in the absence of them, at the time of using the website they will be the ones that are applicable to youThese Conditions could be modified. It is your responsibility to read them periodically, as they will be applicable those that are in force at the time of placing orders or in the absence of them, at the time of using the website they will be the ones that are applicable to you
As a user or customer you expressly declare to know, understand and accept the terms of use and these general conditions of contract. Similarly, he declares that he is of legal age and has the legal and procedural capacity to access the website www.feversave.com and to contract through it.
If you have any questions regarding the Terms and Conditions or the Data Protection Policies you can contact us via our info@feversave.com.
2. Our data
The General Conditions of Contract regulate the distance selling relationship between (Feversave S.L, hereinafter "Feversave" with CIF B06746101 and address in Badajoz, Calle pantano de puerto peña Nº 25. Registered in the commercial register of Badajoz, in volume 706, folio 151, registration 1, sheet BA-29827) and the user or customer, according to the legal stipulations, in particular the Law 7/1998, of 13 April, on General Conditions of Contract, Law 3/2014 of 27 March amending the consolidated text of the General Law for the Protection of Consumers and Users, Organic Law 15/1999 of 13 December on Protection of Personal Data, Law 7/1996 of 15 January on the organisation of retail trade and Law 34/2002 of 11 July on information society services and electronic commerce.
3. Your details and your visits to this website
The information or personal data you provide us about you will be processed in accordance with the Data Protection Policies. By making use of this website you consent to the processing of such information and data and declare that all information or data you provide to us are truthful and correspond to reality.
4. Use of our website
By making use of this website and placing orders through it you commit a:
- To make use of this website only for consultations or legally valid orders.
- Do not make any false or fraudulent orders. If such an order could reasonably be considered to have been made, we shall be entitled to cancel it and inform the relevant authorities.
- Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use such information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, we will not be able to place your order. By placing an order through this website, you declare to be over 18 years of age and to have legal capacity to conclude contracts.
5. How to order
To place an order you must follow the online purchase procedure (see "Purchase Guide/ How to buy") and click "Finish the order". After this, you will receive an email acknowledging the receipt of your order.
6. Availability of the products
All orders are subject to availability of products. If difficulties arise in the supply of products or if there are no products left in stock, We will contact you and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with the full refund of the price paid.
7. Technical means to correct errors
In the event that you find that an error has occurred when entering your personal data during your registration as a user of this website, you may modify them in the section "My account / Personal information".
In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service via info@feversave.com, as well as exercise the right of rectification contemplated in our Privacy Policy through the same email.
This web page shows confirmation windows in various parts of the purchase process that do not allow to continue with the order if the data of these sections have not been provided correctly. Also, this website offers details of all the products you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after the end of the payment process, you should immediately contact our customer service, at the above mentioned telephone or email address, to correct the error.
8. Shipping and delivery
Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) related to each shipping confirmation within the deadline indicated on the website in the menu "Purchase Guide/ Shipping and Delivery" according to the selected shipping method and, in any case within a maximum period of 30 days from the date of the order confirmation.
As far as the virtual gift card is concerned, we will send it to your email in a maximum of 24h. Being as a rule in less than 1h.
If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with the full refund of the amount paid. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays.
For the purposes of these Terms and Conditions, it shall be understood that the delivery has taken place or that the order has been delivered at the time when you or a third party indicated by you acquire physical possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The virtual gift card shall be understood to be delivered in accordance with the Conditions of Use of the Gift Card and, in any case, on the date of sending it to the e-mail address indicated by you.
9. Impossibility of delivery
If it is impossible for us to make the delivery, the courier will try to reach you by phone. If he fails, a second delivery will be attempted. If delivery could not be made during this second attempt, the package will be deposited with the agency until a new delivery date is agreed.
If 15 days have elapsed since your order is available for delivery and the order has not been delivered for reasons not attributable to us, the courier service will return the package to us. As a result of the re-dispatch of the package, the customer will have to pay the amount of the shipping costs again so that we send the package back to your address.
This clause does not apply to the virtual gift card, the delivery of which will be governed by the Conditions of Use of the Gift Card and by the provisions of clause 8 above.
10. Transfer of risk and ownership
he risks of the products shall be borne by you from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 8 above), if it takes place at a later time.
11. Price and payment
The prices on the website include VAT , but exclude shipping costs, which will be added to the total amount due as set out in our "Purchase Guide/ Shipping and Delivery" ".
Prices may change at any time, but (except as stated above) any changes will not affect orders for which we have already sent you an order confirmation.
Once you have selected all the items you want to buy, these will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step. Also, during the purchase process, before making the payment, you may modify the details of your order. A detailed description of the purchase process is available in the "Purchase Guide/ How to buy". In addition, if you are a registered user, you have a detail of all orders placed in the "My account / Order history" section".
You can use as a means of payment (Visa, Mastercard, American Express and Maestro), Paypal or Bank Transfer. You can also pay all or part of the price of your purchase with a gift card. *We do not accept prepaid cards.
To minimize the risk of unauthorized access, your credit card details will be encrypted.
By clicking on "Finish the order" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
Credit or debit cards shall be subject to checks and authorisations by the institution issuing them, but if that institution does not authorise payment, we will not be responsible for any delay or lack of delivery and we will not be able to conclude any contract with you.
12. Value added tax and invoicing
Pursuant to Article 68 of Law 37/1992 of 28 December 1992 on value added tax, the delivery of the goods shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The VAT rate applicable shall be that which is in force at any given time, depending on the particular article in question. For orders to the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories .
You expressly authorize us to issue the invoice in electronic form. However, you may at any time indicate your willingness to receive a paper invoice, in which case we will issue and forward the invoice in that format. But if you cannot pick it up personally and we have to send it to you, you will have to bear the costs of the carrier.
13. Return policy
13.1 Derecho legal a desistir de la compra
If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification. The withdrawal period will expire 14 calendar days after you or a third party indicated by you, other than the carrier, acquired physical possession of the goods or if the goods that compose your order are delivered separately. In order to exercise the right of withdrawal, you must notify Feversave by writing us at the email address you have pedidos@feversave.com of your decision to withdraw from the contract. In order to comply with the withdrawal period, it is sufficient for the communication concerning the exercise of this right by you to be sent before the expiry of the relevant period.
In case of withdrawal on your part, we will refund all payments received from you with a voucher via email, except for shipping costs without any undue delay and, in any event no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. Notwithstanding the above, we may withhold refund until we have received the goods, or until you have submitted proof of return of the goods, depending on which condition is met first.
You must return or deliver the products to us by post (see "Purchase Guide/ Changes and Returns") without undue delay and in any case no later than 14 calendar days from the date you receive the order. The time limit shall be deemed to have been met if the goods are returned before that time limit has expired.
* NOTE: You must bear the direct cost of returning the goods.
13.2 Contractual right of withdrawal
In addition to the right of withdrawal legally recognized to consumers and users and mentioned in clause 13.1 above, we grant you a period of 14 days from the date of delivery of the products to make changes or returns of the products (except those mentioned in clause 13.3 below, for which the right of withdrawal is excluded). The return of the gift card is governed by the conditions of use of the gift card.
13.3 Common provisions
You shall not be entitled to withdraw from the contract for the supply of any of the following products:
- Personalized items.
- Accessories.
- Goods sealed for hygiene reasons after delivery.
Your right to withdraw from the contract applies only to those products that are returned under the same conditions as you received them. No refund shall be made if the product has been used beyond the mere opening of the product, for products which are not in the same conditions as those in which they were delivered or which have suffered damage, so you should be careful with the product(s) while in your possession. Please return the item using or including all original packaging, instructions and other documents that may accompany you. You can make refunds only by post.
You will be able to deliver the products via postal delivery at your own expense. You must leave the item in the same package in which you received it and follow the instructions in the section "Purchase Guide/ Changes and returns".
After examining the refund we will inform you if you are entitled to reimbursement of the amounts paid. Reimbursement shall be effected by means of a voucher with an expiration date of one year as soon as possible and in any case within a maximum period of 14 days. However we may withhold refund until we have received the packages.
You will assume the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us via our email info@feversave.com.
13.4 Returns of defective products
In cases where you consider that at the time of delivery the product does not comply with the terms of the contract, you should contact us immediately by means of our email pedidos@feversave.com facilitating the reference of your order, details of the product as well as the damage it suffers.
We will carefully examine the returned product and will notify you by email within a reasonable time if reimbursement or replacement of the returned product (if applicable). The refund or replacement of the item will be made as soon as possible and in any case within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be refunded in full, including the delivery costs incurred to deliver the item to you and the costs you would have incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase, except when a gift card is presented for the return. In the latter case, the refund will be made by means of a card or voucher.
14. Liability and exemption from liability
Unless expressly provided otherwise in these Terms and Conditions, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product.
Due to the open nature of this website and the possibility of 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 website unless expressly stated otherwise in the same website.
15. Guarantee
If you contract as a consumer and user, we offer you guarantees about the products that we market through this website, in the terms legally established for each type of product, responding, therefore, for lack of conformity of the same which is manifested within two years from the delivery of the product.
It is understood that the products are in conformity with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented in this web page, (ii) are suitable for the uses normally intended for products of the same type and (iii) have the standard quality and performance of a product of the same type which are reasonably expected.
In this sense, if any of the products are not in conformity with the contract, you must inform us following the procedure detailed in paragraph 13.4 above.
The products we sell, especially handicrafts, can often present the characteristics of the natural materials that are used in their manufacture. These characteristics, such as variation in veins, texture, knots and colour, will not be considered as defects or tares. On the contrary, they should be present and appreciated. We only select products of the highest quality, but the natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.
16.Industrial and intellectual property
You acknowledge and acknowledge that all copyright, trademark and other industrial and intellectual property rights in the materials or contents that are provided as part of the website belong to us at all times or to those who granted us license for their use. You may make use of such material only in the manner expressly authorized by us or by those who licensed us to use it. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
17. Pirate virus and other computer attacks
You must not make improper use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. You will not attempt to have unauthorized access to this website, to the server on which that site is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or distributed denial of service attack. Failure to comply with this clause could result in the commission of offences established by the applicable legislation. We will report any breaches of these regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of violation of this clause, you will immediately cease to be authorized to use this website. We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other program or technologically harmful or harmful material that may affect your computer, computer equipment, data or materials as a result of the use of this website or the download of content from it or to which it redirects.
18. Links from our website
In the event that our website contains links to other websites and third-party materials, such links are provided for information purposes only, without our having any control over the content of such websites or materials. Therefore, we accept no liability for any damage or loss arising from its use.
19. Written submissions
The applicable regulations require that some of the information or communications we send you are in writing. By using this website, you agree that most of such communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notice, information and other communications we send you electronically meet the legal requirements of being in writing. This condition shall not affect your legal rights.
h3 class="page-subheading">20. Notifications
The notifications you send us should preferably be sent via our email info@feversave.com and unless otherwise stipulated, we will be able to send communications either to the email or to the postal address provided by you at the time of placing an order. It will be understood that the notifications have been received and have been correctly made at the same time as they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter. In order to prove that the notification has been made, it shall be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the mail or in a mailbox and, in the case of an e-mail, that it was sent to the email address specified by the recipient.
21. Transfer of rights and obligations
The contract is binding both on you and on us, as well as on our respective successors, assignees and successors in title. You may not transfer, assign, encumber or otherwise transfer a contract or any of the rights or obligations arising therefrom, without having obtained our prior written consent. We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations arising therefrom, at any time during its validity. For the avoidance of any doubt, such transfers, assignments, liens or other transfers shall not affect any rights that you, as a consumer, have recognized by law or cancel, reduce or otherwise limit the warranties, both express and tacit, that we could have granted him.
22. Events beyond our control
We shall not be liable for any failure or delay in fulfilling any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Cause of force majeure"). The causes of force majeure shall include any act, event, lack of exercise, omission or accident beyond our reasonable control and, among others, the following::
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparation of war.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Impossibility of using public or private trains, ships, aeroplanes, motor vehicles or other means of transport.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Force Majeure Cause continues, and we will have an extension in the term to fulfil those obligations for a period of time equal to the duration of the Force Majeure Cause. We will put all reasonable means to end the Force Majeure Cause or to find a solution that will allow us to fulfill our obligations despite the Force Majeure Cause.
23. Resignation
The lack of requirement on our part of strict compliance on your part with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that could correspond under that contract or the Terms, shall not imply any waiver or limitation in relation to such rights or actions or exempt you from such obligations. No waiver by us of any particular right or action shall entail a waiver of any other rights or actions arising out of a contract or the Terms. No waiver by us of any of these Terms or rights or actions arising out of a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions of the previous Notifications section.
24. Partial nullity
If any of these Conditions or any provision of a contract is declared null and void by a final decision of the competent authority, the remaining terms and conditions shall remain in force, unaffected by such declaration of invalidity.
25. Entire agreement
These Terms and any document expressly referred to therein constitute the entire agreement existing between you and us in relation to the subject matter thereof and supersede any other covenant, prior agreement or promise agreed between you and us orally or in writing. You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two parties before the contract, except as expressly mentioned in these Conditions. Neither you nor we will be able to take action against any uncertain statement made by the other party, orally or in writing, prior to the date of a contract (unless such an uncertain statement was made in a fraudulent manner) and the only action available to the other party shall be for breach of contract in accordance with these Conditions.
26. Our right to modify these conditions
We reserve the right to modify the Terms and Conditions. We will keep you informed of substantial changes made to them. They shall not be retroactive and, subject to possible exceptions on a case-by-case basis, shall apply after 30 days from the date of their publication in the relevant notice.
If you do not agree with the modifications made, we recommend not to make use of our website.
27. Applicable Legislation and Jurisdiction
The use of our website and the contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute arising or relating to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are hiring as a consumer, nothing in this clause will affect your rights as such under current legislation.
28.Comments, suggestions, complaints and complaints
Your comments and suggestions will be welcome. Please send us such comments and suggestions, as well as any queries, complaints or complaints through our info@feversave.com email address, telephone number or postal or e-mail address indicated in clause 2 of these Conditions. Your complaints and complaints to our customer service will be dealt with as soon as possible and, in any case, within a maximum of one month.
If you as a consumer consider that your rights have been infringed, you can address your complaints to us via info@feversave.com email to request an out-of-court settlement of disputes.
In this regard, in accordance with EU Regulation 524/2013, we inform you that you have the right to request with us an out-of-court settlement of consumer disputes accessible through the Internet address https://ec.europa.eu/consumers/odr/ .