Terms and Conditions
The following Terms and Conditions (with information and policies displayed on the in the various customer service pages of this website which you hereby declare to have read and accept and are incorporated into these Terms and Conditions, and other documents related to these terms and conditions ) ("Terms and Conditions") establish the legal terms that apply to your use of our website www.fisheyesfashion.myshopify.com (from the "Website") and the other services we offer on said Website (the "Services").
Please read these Terms and Conditions carefully and make sure you understand them before using the Services. By using the Services, you agree to these Terms and Conditions. If you do not understand or accept these Terms and Conditions, do not use the Services and leave the Website immediately. However, if you continue using the Website or if you buy products, you express your acceptance of these Terms and Conditions.
1. UNDERSTANDING THE TERMS AND CONDITIONS
When certain words and phrases are used in these Terms and Conditions, they have specific meanings ("Defined Terms"). You can identify the Defined Terms, since their initials are presented in capital letters (not at the beginning of a sentence). When a Defined Term is used, its meaning will be shown in the section of the Terms and Conditions in which it was defined (you can find these meanings by looking for the sentence in which the Defined Term is included in parentheses and quotes).
When we refer to "us" or "our", we mean Fisheyes Fashion SL When we refer to "you", we refer to you, the person who uses the Services.
We have used titles to help you understand these Terms and Conditions and to easily locate the information. These Terms and Conditions may be updated or amended at any time, so you should review the Website regularly, as well as each time you use the Services to purchase products, to ensure that you understand the legal terms that apply in that moment.
2. ABOUT US
We are Fisheyes Fashion SL and operate this Website. We are a registered company in Spain and our registered office is Carrer Diputacion 28 2 "1 ', Barcelona, 08015, Spain Our tax identification number is B67292375.
We offer you our Services through this Website. For more details about our Services, you must read section 3 below. When you purchase products using the Website, you are acquiring them, through our intermediation, from the third parties ("Brand Partner (s)") mentioned on the Website. It is important that you understand that because we act as intermediaries between you and the Brand Partners, the contract for the purchase of the products and the relationship that derives from it is established between you and the Brand Partners and we do not acquire any obligation in relation to with said purchase more than those expressly stated in these Terms and Conditions. We are authorized by the Brand Partners to conclude the contract on your behalf, but we are not part of that contract, so you do not buy the products from us.
3. OUR SERVICES
The services we offer are limited to providing space where buyers like you and the Brand Partners - sellers - can carry out their transactions and, therefore, allow you to search through the website and purchase products from various Brand Partners. As part of the Services, we also offer some auxiliary services, such as the delivery of products, offering you the assistance of our Customer Service team and the processing of payments at no cost. However, as indicated above, the contract to purchase products is perfected directly between you and the Brand Partner. This means that it is the affiliated Brand Partner (and not us) that is legally responsible for the sale of the products and, where appropriate, guarantee thereof and other aspects of the seller.
Please, bear in mind that the delivery service is offered by us and, therefore, you establish a contract with us for that reason. We can make a charge for these services, which will be shown on the page for processing your orders, before purchasing the products. This contract concludes when the courier service delivers the corresponding order.
To use the Services you must be over 18 years of age.
4. OUR RESPONSIBILITY TO YOU IN RELATION TO THE SERVICES AND AUXILIARY SERVICES
In view of the fact that we act as intermediaries between you and the Brand Partners, the latter will be the ones who will guarantee and be responsible for the products you will acquire on the Website and we will not assume any responsibility for said guarantees or for the products except those expressly indicated. In these Terms and Conditions, you will be responsible in any way for the use of the products.
In your case, the warranty of the products purchased on the Website and other parts of the seller will be borne by the Brand Partners, so we assume no responsibility for these guarantees and other ways and in any case you force yourself and you agree to contact the Brand Partners to make said rights effective except, where applicable, that is stated otherwise in these Terms and Conditions.
If we breach these Terms and Conditions in relation to the Services and Auxiliary Services that we provide you, we are responsible for the losses or damages you suffer to the extent that they are a foreseeable result of our breach of these Terms and Conditions or due our negligence. However, we are not responsible for any damage or damage that is not foreseeable. The loss and damage are foreseeable if they are an obvious consequence of our breach or if they were foreseen by you and by us at the time you started using the Services.
5. THE PRODUCTS
We try to be as accurate as possible in the description of the products. However, because the descriptions are based on information offered by the Brand Partners, we cannot guarantee that any description is completely correct, complete, reliable or free of errors. The images of the products on the Website are for illustrative purposes only. Although we try to display colours accurately, we cannot guarantee that the colours displayed on your computer are identical to the colors of the products. In case there is any discrepancy between the description contained in the Website and the product, you accept that the claim is made to the Brand Partners and they will be responsible for the discrepancy, without any obligation or liability of the same.
We do not allow Brand Partners to offer for sale on our Website products with imperfections or low quality, that do not correspond to market standards. If the products you purchased are not described and have imperfections or poor quality compared to the market, we can return them to the Brand Partners on your behalf. In your case, you will be reimbursed with the price of the defective products, any applicable shipping charge and any reasonable cost that you incurred during the return of the products (we will notify you either to indicate that the products will be picked up where you are or in should you proceed to the return in another way). Please read sections 6 and 10 for more details on how to return products.
The products sold by the Brand Partners are only granted for your private and domestic use. You agree that you will not use the products for any commercial, business or resale purpose. In addition, you agree that you will not export, re-export or transfer the products to countries or territories that are targets of embargoes or sanctions or parties identified in the List of Specially Designated Citizens and Blocked Persons of the United States Department of the Treasury, or the Sanctions List. Consolidated Financial Institutions of the United States.
Neither we nor the Brand Partners have any responsibility to you or to third parties for any use of the products as indicated above, including but not limited to the profits, loss of business, business interruption, or loss of business opportunities.
6. BRAND PARTNERS AND CONTRACT WITH BRAND PARTNERS
As indicated above, the contract for the sale of the products is established directly between you and the specific Brand Partners. We are authorized by the Brand Partners for the conclusion of the contract on your behalf through our Website, but we are not part of that contract, so you are not buying products directly from us. However, in relation to your contract, the Brand Partners must know that you have legal rights related to the products and that nothing in these Terms and Conditions will affect those legal rights.
Among other matters, keep in mind that if you acquire the product in your condition of "consumer", you have the right to the guarantee of conformity of the product foreseen in the legislation according to which the delivered good must be according to the contract. The selling Brand Partners is legally bound to a seller (and, if applicable, the producers) to provide you with this legal guarantee that is 2 years from the delivery of the product in the new products.
Also, unless you apply any of the exceptions described below, you have a right of withdrawal from your order without any reason within 14 calendar days from the day you receive - you or a third party indicated by you - the purchased products (or from the last item, component or piece in case of delivery of a product of multiple components or parts or of several products ordered in the same order). To exercise the right of withdrawal (in which we act as intermediaries with the corresponding Brand Partners), you must notify us (Fisheyes Fashion SL, Carrer Diputacion 28 2"1, Barcelona, 08015, Spain / firstname.lastname@example.org ) your decision to cancel your order through an unequivocal statement. To communicate your right of withdrawal, you can send it to us by ordinary mail or to the email address email@example.com. It will be enough for you to send your communication before the end of the 14-day withdrawal period. Send it to us by ordinary mail or via email.
EFFECTS OF WITHDRAWAL: In case of withdrawal you will be reimbursed the price of the product and the ordinary shipping costs corresponding to the cheapest shipping option we offer, not later than 14 days after the day we receive the aforementioned communication. For the refund, the same means of payment that you would have used for the initial transaction will be used, unless you have expressly provided otherwise. In any case, you will not incur any expenses as a result of the refund.
Please note that you must return the items return or deliver the products directly to Fisheyes Fashion SL (Carrer Diputacion 28 2"1, Barcelona, 08015, Spain) or as instructed by us via courier to the Brand Partner without any delay and, in any case, within a period of 14 calendar days from the date you notify us of your decision to withdraw the order. We can retain the refund until we have received the goods or confirmation that you have submitted proof of their return (whichever comes first). In any case, you will be responsible for the decrease in the value of the goods returned due to the handling of the articles (except when that manipulation was necessary to find the nature, characteristics and functioning of the articles).
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL: the right of withdrawal does not apply to the delivery of: Products that do not allow its return due to hygienic or health protection reasons if it has been unsealed by you after delivery (for example cosmetic products), or that were, after delivery, inseparably mixed with other products; products that may deteriorate or expire quickly; goods made according to your specifications or clearly customized including any products sold on the Website as “made-to-order”.
We ask all Brand Partners with products listed for sale on the Website to have and maintain responsible business policies, in accordance with ours. However, we cannot be responsible for the business policies of Brand Partners. If you are not satisfied with the product or service that you received from our Brand Partners, you can contact us at firstname.lastname@example.org to act as a link with the Brand Partners on your behalf, in order to try to solve the problem
7. ORDERS, PRICES AND PAYMENTS
By completing the order process, you are buying the products from a Brand Partners (and not directly from us). Your order is subject to these Terms and Conditions, which will be considered, for the purposes of your relationship with the Brand Partners, in the contract established between you and the Brand Partners. All orders are subject to availability and confirmation of their price.
To purchase products you must be over 18 years of age and have a valid credit or debit card number (please read section (c) below for more details on accepted payment methods). When placing an order, you agree that all the details are true and accurate, that you are over 18, that you are the authorized user of the credit or debit card with which you place the order and that you have sufficient funds in your account to cover the cost of your order.
The Website allows you to verify your order and correct any errors before sending it. Please take the time to read and verify your order on each page of the purchase process, bearing in mind that you are responsible for making sure that the information is provided is accurate (for example, the correct product, quantities, size, color, etc.).
(a) Structuring the contract between you and the Brand Partners (s)
The identity of the Brand Partner(s) is shown on the page of the selected product, in your bag when the product is added and on the confirmation page of the order when you make it.
When you confirm an order, you will receive an acknowledgment email confirming receipt of your order. This email is only an acknowledgment of receipt for informational purposes and does not require acceptance of your order by the affiliated Brand Partners. The contract established between you and the Brand Partners in relation to the products will not be perfected until we have verified that the Brand Partners accepted your order. The confirmation email sent by on behalf of the Brand Partners perfects the contract. The confirmation email will include the description of the products contained in the order and other information about your right to cancel the contract established between you and the affiliated Brand Partners (please read sections 6 and 10 for more information about your right to withdraw from the contract). Only those products listed in the confirmation email will be accepted and included in the contract established between you and the Brand Partners.
(b) Price and availability
Although we make reasonable efforts to ensure that all the details, descriptions and prices that appear on the Website are correct, as well as the information provided by the Brand Partners, there may be cases in which certain errors occur. If we discover an error in the price of any of the products you purchased, we will inform you as soon as possible and, acting on behalf of the Brand Partners, we will give you the option to reconfirm the order with the correct price cancel Item. If we cannot contact you, your order will be canceled. If you cancel and have already paid for the products, you will receive a full refund for them.
The prices shown on the Website for the products of a Brand Partners include VAT. Shipping costs are not included in the prices and will be communicated to you, along with any other charges, before the order process and will be charged additionally. The shipping costs will vary depending on the products you purchased and your shipping address. Please read the "Shipping Information" section for more details on estimated costs and shipping times. The shipping costs applicable to your order will be clearly displayed on the Website before you confirm it (and will be included in the "Total Cost" amount shown on the order summary page).
Depending on your shipping address, different fees and additional charges may apply. If you buy items from a Brand Partners outside the territory of the European Union, or you are outside of that, you may need to pay taxes or customs fees when you receive the products. Neither we nor the Brand Partners have control over those charges and we cannot tell you the cost. You will be responsible for the payment of any customs fees or other fees not included. Please contact your customs authority for more information before proceeding with your order.
If you return an item, the customs fees will be refunded if they were originally included in the purchase price. If they were not included, you will be responsible for claiming these fees directly from your customs authority.
Please read the "What are the payment methods that Fisheyes Fashion SL accepts?" section on Frequently Asked Questions page for more details on the payment methods you can use. Once we have verified your payment and the Brand Partner(s) has accepted and approved your order for shipping, we will send you an email to inform you about this. In situations where we discover a problem when your order is being processed, we will send you an email explaining the problem and possibly asking for more information to try to solve it.
We reserve the right to send your order to the Brand Partners, and Brand Partners reserve the right not to accept your order if, for example, the product is sold out, if it has been removed or is not available, if we cannot obtain authorization of your payment or if you do not meet the required criteria (for example, if you are under 18).
The estimated date of shipment of the products will be in your order confirmation. We will try to make sure that your order is sent on that date, but there may be circumstances in which the shipment is delayed by events beyond our control (please read section 15 related to this). If this happens, we will try to have your products shipped as soon as possible, but we will not be responsible for any losses caused as a result of this delay.
The shipping time may vary depending on the availability of the products and your shipping address. Shipping times cannot be guaranteed. The products will be sent directly to your address from the Brand Partners, so your order can be sent in multiple shipments. If no one is available at your address to receive the order, our courier service will leave you to note, and you must contact them to reschedule the shipment. Please also read the information on our Orders and Shipments page, as it contains important information about your orders and your shipments.
9. INTERNATIONAL SHIPMENTS
You can find more details about the countries or regions to which we ship on our Orders and Shipments page. There are restrictions on some products in certain international destinations, so you should carefully read the information on that page before placing an order.
If you place an order for products to be shipped to an international destination, you will need to pay customs fees that will be applied when the products reach their destination. Please read section 7 (b) (above) for more information on these customs fees.
You must comply with all laws and regulations of the country or region to which the products are intended. We are not responsible if you break any law.
10. RETURN POLICY
Please, in addition to what is stated in section 6 of these Terms and Conditions, take a few minutes to read the Returns Policy on our Returns and Refunds page.
11. OUR WEBSITE
This section sets out the rules to apply to your use of this website (whether to use it or not to purchase products or just to navigate). By using this Website, you accept these rules. If you do not agree with these rules, you will not be able to use the Website and you will have to leave it immediately.
(a) Access to the Website
The Website is free of charge. You are responsible for making all the necessary adjustments to access the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms and Conditions, and that they are committed to them.
Access to the Website is permitted on a temporary basis and does not include any commercial use of the Website or its content. You must not reproduce, copy and / or exploit the Website for any commercial purpose without our written consent.
We reserve the right to withdraw or readjust the Website without notifying you and, from time to time, we may restrict access to all or part of the Website. We are not responsible for, for any reason, the Website is out of service at any time or for any period.
When you visit the Website and / or accept an order, you are communicating with us electronically and accept that all agreements, information, exhibitions and other communications that we send you electronically (either on our behalf or on behalf of the Brand Partners) any legal requirement present in those communications.
(b) Your behavior
You must not use the Website in any way that causes, or may cause, the interruption of access to the Website, damages or restrictions in any way.
You understand that you are responsible for all electronic communications and content from your computer to us, and you must use the website only for purposes that are within the law.
You must not use the Website for the following reasons: In any way that violates any regulation or applicable law locally, nationally or internationally. In any way that is outlawed or fraudulent, or that has any fraudulent purpose or effect or outside the law. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or threatening, and / or (ii) to infringe the rights of reproduction, trademark, confidentiality, privacy or any other right , and / or (iii) any injury to allies, and / or (iv) any reprehensible aspect, and / or (v) that consists of or contains viruses, political campaigns, commercial requests, chains, mass emails or any "spam". To cause harm, inconvenience, inconvenience or unnecessary worry to anyone.
We, in accordance with any enforceable law or at the request of a competent authority, may report any breach of laws or competent authorities and, in addition, we may transfer your personal data in accordance with applicable laws.
We are pleased that you have a link to our website, but you must do so in a manner that is fair and legal and that does not damage our reputation or that you do not take advantage of it (such as using the link to suggest any form of association or endorsement of we). We reserve the right to withdraw links permissions at any time and, if we ask you to delete the link to our Website, you must do so immediately.
Links to other websites and resources offered by third parties are provided solely for your information. We have no control over the contents of those websites or resources and those links should not be construed as an endorsement by those linked sites. We will not be responsible for any damage or damage that may arise when using them.
(d) Our responsibility in relation to the Website
We may update or change the Website or its contents at any time, but we are not obligated to do so. This means that any content on the Website may not be updated at any given time. The content of the Website provides only general information. It does not intend to constitute a guide on which it must rely. We make no representations or warranties, express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or free of errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations and other terms that may apply to the Website, or any content therein, either expressly or implicitly.
We are not liable to you or any user for the damage, whether in the contract, tort (including negligence), legal breach, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content on the Website.
We only provide the Website as an intermediation platform and for domestic and private use and, as such, we have no liability for profits, business losses, business interruption, or loss of business opportunities.
We are not responsible for any damage caused by a virus, denial of service attack, or other harmful material that may damage your equipment, programs, data or other exclusive material due to the use of the Website or the downloading of any content, or any link to websites on it.
In no way do we exclude or limit our responsibility for: death or personal injury caused by our negligence; fraud; and any other liability that is not limited by law. Different limitations and exclusions apply to the liability arising as a result of our provision of Services (as established in section 4) and the delivery of the products by Brand Partners.
13. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
We are the owners and / or licensees of all intellectual property rights present on the Website and its content (such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilation and software, including its presentation and compilation) ("Content"). The rights of the Website and the Content are protected by international intellectual property laws as well as by any relevant national law on intellectual property, copyright and database rights. All these rights are reserved.
You should not extract and / or systematically reuse parts of the Website or Content. In particular, you must not make and / or use data mining, robots or similar data collection and extraction tools to obtain them (either once or several times) for the reuse of any substantial part of the Website. You must not create and / or publish your own database with substantial parts of the Website (for example, our prices and lists of products) without our written consent.
Except when expressly stated otherwise, all persons (including their names and images), third-party brands and images of third-party products, services and / or locations included in the Website, are in no way associated, linked or affiliated with us. Any brand name present on the Website belongs to the owners of those brands.
14. ETHICAL BASE POLICY
Being a reliable and reputable business committed to offering its customers high quality products, we recognize our obligation to ensure that all Brand Partners and other suppliers are operating ethically. We expect all Brand Partners and other suppliers to consistently provide an environment that protects the health and safety of their employees and their basic human rights. All Brand Partners and other suppliers must comply with their national labor laws and regulations with special attention to: the minimum age required to work, free selection of employment, health and safety, freedom of association and the right to collective bargaining, non-discrimination, human treatment, working hours, payment classifications and terms of employment.
We will never knowingly allow a Brand Partner to offer their products on the Website if those products come from countries or regions where these principles are broken. Where possible we also ensure that Brand Partners and other suppliers follow these principles, when it comes to dealing with their own supplier base. Due to the complex nature of the supplier chain of Brand Partners and other suppliers, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognize the importance of being proactive and doing everything in our power to support the rights of those related to the manufacture of the products.
Likewise, in order to take into account the changing needs of our customers, Fisheyes Fashion SL will not sell products made with hair and species in danger of extinction on its Website. The products made with hair are defined as pieces made entirely in hair or with hair trimmings. Likewise, we will require that all products made from exotic skins that are on our listings are CITES certified, and we will not accept articles with exotic skins unless they are allowed in accordance with CITES (International Trade Convention). Endangered Species of Wild Fauna and Flora,
15. OTHER INFORMATION OF INTEREST
Severability: Each of the sections and paragraphs of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them is contrary to the law or that cannot be complied with, the rest of the paragraphs and paragraphs will remain with the same force and effect.
Exemption: If you violate these Terms and Conditions and do not take any action, or if we take action, it will not mean that we waive our rights in any way. If we make an exemption to breach made by you, we will only do it in writing (signed by one of our Directors), which does not mean that we will automatically make exemptions for other breaches that you do.
Applicable laws and jurisdiction: These Terms and Conditions are governed by Spanish law. The courts and tribunals of your place of domicile will be the exclusive jurisdiction of any dispute or claim related to these Terms and Conditions.
Entire Agreement: These Terms and Conditions constitute the entire agreement between you and us and supersede any and all prior agreements between you and us.
Events beyond our control: We and the Brand Partners are not responsible for any problems in the process or delay in any of our affairs, if such problems or delays are caused by an event beyond our control.
An event beyond our control includes, but is not limited to, any act or event beyond our control or that of Brand Partners, such as religious acts, wars, terrorist attacks, embargoes, riots, strikes, lockouts, commercial disputes, fires, floods , earthquakes or other natural disasters, failures, temporary, interruption of transportation, governmental actions or failures in telecommunications or public or private means of transport.
If any of these events affect our goal and those of our Brand Partners for you: (i) we will contact you as soon as possible to notify you; and (ii) our team and those of the Brand Partners affiliated with you will be suspended during the event. If the event affects the delivery of products, we will contact you to arrange a new delivery after the event has ended.
Claims: We operate with a claims handling procedure, with which we try to solve problems when they arise. Please let us know if you have any claim or comments by contacting us at email@example.com .