TERMS AND CONDITIONS FOR ONLINE SALES
This document establishes the conditions of use of the online shop in the www.fonestar.com website and the purchase of products from it (hereafter CONDITIONS). Please read the following information carefully before using this website, our CONDITIONS, our Cookies and Privacy policies. By using this website or by placing an order through it, you agree to be bound by these CONDITIONS and our Data Protection policy. Therefore, if you do not agree with all the CONDITIONS and with the Data Protection Policies, you should not use this website.
FONESTAR SISTEMAS, S.A. reserves the right to modify the CONDITIONS at any time and without prior notice. However, such changes will not have any effect on orders submitted prior to the amendment of the website terms and conditions.
1.2. COMPANY INFORMATION
The sale of products through this website is performed under the name of FONESTAR by FONESTAR SISTEMAS, S.A., a Spanish company with its registered address in Madrid, calle Don Ramón de la Cruz 64, registered in the Madrid Mercantile Register, in Volume 6674, Folio 74, Section 8, Page M56826 Entry no, 1, tax identification number A28780443, telephone (+34)942254555 and email email@example.com
1.3. SCOPE OF APPLICATION
This website is aimed exclusively at clients of FONESTAR SISTEMAS, S.A. that wish to order products (hereafter, “Products”) from our online shop for delivery within the European Community, prior to being subject to the terms and conditions that regulate the sale of products from this website. By submitting an order, having checked the “I have read and accept” box on the order form, you accept and commit to the fulfillment of these terms and conditions.
FONESTAR SISTEMAS, S.A. reserves the right to temporarily suspend the online shop service for maintenance work, updates or other reasons that require the suspension of the service.
FONESTAR SISTEMAS, S.A. is not responsible for the interruption of the online shop service due to causes beyond the company’s control, such as internet failure, etc.
2. PLACING AN ORDER
2.1. To place an order, you must be over 18 years old, as well as providing your name, identification document (tax identification number, passport, etc…), address, telephone number and a valid email address.
2.2. FONESTAR SISTEMAS, S.A. will not accept orders that are placed through other channels with the conditions of this online shop.
2.3. By placing your order, FONESTAR SISTEMAS, S.A. will provide you with a Web order number. Bear in mind that your Web order number is provided for reference purposes and by no means constitutes our confirmation that the order has been accepted.
2.4. Placing an order means making an offer to purchase selected products in accordance with the present terms and conditions. FONESTAR SISTEMAS, S.A. reserves the right to accept the offer at its own discretion, being able to accept it only partially. Nevertheless, orders that you submit are legally binding and cannot be cancelled once they have been submitted.
2.5 Should FONESTAR SISTEMAS, S.A. accept your order, this will be notified with an order confirmation. FONESTAR SISTEMAS, S.A. will send the order confirmation by email and it will be effective from the date of dispatch. If FONESTAR SISTEMAS, S.A. are not able to accept the order, they will try to contact you by email or telephone.
3.1. All prices are in EUROS. Prices are those published on the website at the time your order is submitted. Prices published on the website include Spanish VAT, but do NOT include costs and taxes related to delivery and handling, which will be charged to your account. These costs are calculated separately corresponding to and in agreement with that specified in the order form, to be later added to the total cost of the order. The total price that is reflected on the order form sent corresponds to the total amount that must be paid for the Products, including all the delivery and handling costs and taxes.
3.2. You are responsible for all the costs related to the delivery of Products (where applicable), as indicated in the invoice.
3.3. Prices can change at any time, but possible changes will not affect those orders for which we have already sent an Order Confirmation.
3.4. In accordance with Article 68 of the Law 37/1992, of 28th December, on Value Added Tax (Spanish VAT), the delivery of goods is understood as being located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canary Islands, Ceuta and Melilla. The type of VAT applicable will be that which is in force at the time.
3.5.- In the rest of the territories of the European Communiy, Spanish VAT will be applied that is in force in Spanish territory except in countries exempt from or with special conditions for this tax for whom conditions in force at the time of purchase will be applied.
3.6.- By making a purchase through our online shop you authorize us to issue an electronic invoice, unless you communicate that you wish to receive this in paper format. In this case, we will issue and send the invoice in that format.
4.1. The methods of payment for the Products will appear in the website section corresponding to payment.
4.2. The currency that must be used to make the payment is the EURO and this will be shown on the invoice.
4.3. If payment is made by credit card, all data concerning the credit card must be provided when the order is made. The costs will be charged to your credit card at the moment that the payment is confirmed. FONESTAR SISTEMAS, S.A. shall not begin to manufacture or dispatch the Products requested, nor provide the services requested until the credit card issuer has authorized the use of the credit card for the payment of the Products or services requested. If FONESTAR SISTEMAS, S.A. does not receive the necessary authorization, they will contact you to inform you. FONESTAR SISTEMAS, S.A. reserves the right to check the identity of the credit card holder by requesting the appropriate documentation.
4.4. Costs incurred by different payment methods that require additional expense, shall always be borne by the purchaser.
5. PRODUCT DELIVERY
5.1 In accordance with these terms and conditions, FONESTAR SISTEMAS, S.A. will
deliver the Products indicated in the order confirmation by the means of transport and
within the timeframe indicated in the confirmation. In general, orders will be delivered
within 24/48 hours on working days without taking into account the extra time that
might be generated by the transport company.
5.2. FONESTAR SISTEMAS, S.A. will deliver the Products to the address specified on the order form and according to the delivery option you selected. If you request that several products be sent to different addresses, you must send an individual order form for each delivery address. The delivery or dispatch dates provided by FONESTAR SISTEMAS, S.A. are estimations, consequently FONESTAR SISTEMAS, S.A. will not be held responsible for possible damage, loss, costs or expenses arising from the non fulfillment of the delivery or dispatch dates established. If any of the products requested were out of stock, this could result in a delay to the whole order. In this case, you will be sent an email regarding the estimated length of the delay. Nevertheless, delivery of the Products will be made within thirty (30) natural days commencing on the date of the order confirmation sent by FONESTAR SISTEMAS, S.A.
In the event of it being impossible to meet this deadline, FONESTAR SISTEMAS, S.A. will offer to send an equivalent product or partial cancellation of the order and a refund of the corresponding payment, should this have been made.
5.3. The ownership and risk of loss will become your responsibility at the time of delivery.
5.4. Once the Products have been handed over to the transport company, all responsibility concerning the state of the product is passed to them. FONESTAR SISTEMAS, S.A. will send you an order confirmation by email, provided that a valid address was given on the order form.
5.5. Orders made on this website can only be sent to Spain (Peninsula and Baleares) and to territories in the area of the European Community.
6. WITHDRAWAL, EXCHANGES AND RETURNS
6.1. LEGAL RIGHT TO WITHDRAW FROM PURCHASE
If you are contracting as a consumer and user, you have the right to withdraw from the present contract within 14 natural days without the need for justification.
This withdrawal period expires 14 days after you or a third party indicated by you, other than the carrier, takes material possession of the goods, even in the case of the goods that make up the order having been delivered separately.
In order to exercise your right to withdrawal, you must notify FONESTAR SISTEMAS, S.A., using the form provided in the section Withdrawal Form, of your decision to withdraw from the contract.
In the event of withdrawal within the legal timeframe, we shall reimburse all payments received from you, including delivery costs except those derived from methods of payment other than the most economical one we propose. The costs of returning goods shall always be borne by you.
Reimbursement will be made as indicated in section 6.3.
You cannot exercise your right to withdrawal if the product is not returned in perfect condition and in its original packaging. In all cases you are responsible for the diminished value of the goods that results from handling other than that required to establish the nature, characteristics and functioning of the goods.
Bear in mind that you cannot return (nor have the right to reimbursement for) the following products or Services:
- New, sealed software provided by FONESTAR SISTEMAS, S.A., once the packaging has been opened or you have downloaded the product from the website.
- Personalized or products that are made to measure, according to your specifications.
- Products or services that you have already begun to use.
When the form is submitted and approved by FONESTAR SISTEMAS, S.A. you will receive the refund documents by email:
- Return delivery note which must be printed and inluded inside the package, together with the product.
Any products returned without either of these two requirements could lead to the rejection of or delay in the proceedings beyond the specified periods.
The delivery of returned goods must be made within 14 days of the date you informed us of your decision to withdraw from the contract. Unless you deliver the goods directly to our address or via a means of transport organized by ourselves, you must assume the direct cost of returning the goods.
6.2. EXCHANGES AND RETURNS
If you receive a Product by mistake, it is incomplete or faulty and you consider you have the right to replace it or have it repaired in accordance with section 8, please contact FONESTAR SISTEMAS, S.A. via the previosly mentioned form in section 6.1. If, according to the aforementioned section 8, you are entitled to a repair or replacement Product, transport costs will not be applied (section 6.1).
For products that are under warranty, FONESTAR SISTEMAS, S.A. will inform you of the collection system. For the exclusive purpose of this collection, we will provide the transport company with your telephone number.
For any exchange or return to be accepted, you must be sure to attach all the accessories, original packaging and materials provided unless otherwise indicated. The package must be securely sealed and packed.
Compliance with these instructions guarantees that the products reach their destination in good condition and on time. Bear in mind that, if you do not follow the steps described, once the product has been received it could be rejected and you could lose your right to reimbursement.
FONESTAR SISTEMAS, S.A. reserves the right to reject all returned products that do not meet the return requirements described above.
6.3. REFUND PROCEDURE
Refunds will be made by the same method of payment that you used for the initial transaction, unless you tell us otherwise, clearly explaining the method of payment by which you wish to be reimbursed, which will not incur any costs for you. Notwithstanding the above, FONESTAR SISTEMAS, S.A. will not make any reimbursements until the goods have been received and the state of the goods has been checked.
FONESTAR SISTEMAS, S.A. guarantees its products in accordance with that set out in the warranty provided with the goods or in accordance with that laid out on the website. Certain products (such as personalized goods) may be subject to special warranties, as specified on the website. Regarding software, no further warranty will be applied other than that which expressly appears in the license.
If a product supplied by FONESTAR SISTEMAS, S.A. does not fulfill the conditions offered, FONESTAR SISTEMAS, S.A. could repair or replace it or, refund the purchase price after returning the product at their own discretion bearing all the costs, unless the applicable warranty provides otherwise. Unless expressly indicated in these terms and conditions and to the extent permitted by applicable law, FONESTAR SISTEMAS, S.A. disclaims any liability regarding any warranty, be it implicit or explicit. The warranty set forth above has no effect whatsoever on your legal rights.
7.2. THIRD PARTY PRODUCTS OR OTHER THAN THE FONESTAR BRAND
With reference to products that do not belong to the FONESTAR brand (including those contained in packs of products or promotions), warranty claims must be made according to the terms and conditions established in the standard warranty of the manufacturer. Claims must be made directly to the aforementioned manufacturer.
7.3. As a consumer, the warranties referred to above do not affect your statutory rights.
For products out of warranty, FONESTAR SISTEMAS, S.A. undertakes to offer a repair service for five years after the date on which the product stopped being manufactured. If this were impossible, a replacement model would be offered under special conditions.
There is a minimum charge for evaluation even if you decide not to go ahead with the repair.
9. FONESTAR RESPONSIBILITY
9.1. In these terms and conditions all our obligations and responsibilities are established regarding product delivery, technical assistance, warranty and any other type of services.
9.2. With the exception of that set out in section 10.3, warranties, conditions or other terms that are legally binding for FONESTAR SISTEMAS, S.A. regarding the supply of Products or the provision of services do not exist, unless expressly indicated in the contract.
9.3. Any warranty, condition or term derived from or related to the supply of Products or the provision of services that might apply to or be incorporated in the contract as statutes, current legislation or laws applicable in the country in which the Products or services are purchased (including, but not limited to, any implicit term, such as quality, suitability for a particular purpose, or a reasonable care and professionalism) is hereby expressly excluded by the present document in as far as is permitted by current legislation.
Specifically, FONESTAR SISTEMAS, S.A. is not responsible for ensuring that the products are suitable for your purposes.
9.4. None of the stipulations of the contract shall limit or exclude our liability in the event of (i) death or injury caused by our neglect, (ii) fraud, (iii) non-compliance with our obligations according to national legislation as regards rights or (iv) obligations imposed by law.
9.5. In accordance with clause 10.4 FONESTAR SISTEMAS, S.A is not liable for loss of income, profits, contracts, data, nor for any indirect damages or of any kind that might derive from or be caused by unlawful actions (including negligence), breach of contract or similar damage. The maximum liability of FONESTAR SISTEMAS, S.A. as stipulated in this contract in the event of unlawful actions (including negligence) shall be to pay the sum paid by the purchaser for the products or services implied and under no circumstances will the sum exceed this amount.
9.6. These terms and conditions do not affect your statutory rights as a consumer, nor your right to return products according to clause 7.
10. DATA PROTECTION
10.1. If you are a registered client, you will be able to access your data and the register of your transactions by accessing your account and checking the status and contents of your orders.
11. JURISDICTION AND LEGISLATION IN CASE OF DISPUTE.
FONESTAR SISTEMAS, S.A. shall try to resolve any dispute quickly and efficiently. If you are not satisfied with the way in which FONESTAR SISTEMAS, S.A. resolves possible disputes and decide to take legal action, this must be done in the courts and tribunals of Spain and under Spanish law. The application of the United Nations on Contracts for the International Sale of Goods is hereby explicitly excluded.
All contents of the website www.fonestar.com including, among others, photographs, graphic design, texts, programming, images, logos, brands are the worldwide property of FONESTAR SISTEMAS S.A.
Any reproduction, distribution, public communication or disclosure, transformation and similarly any and all other acts of exploitation of such contents in any online or offline format are expressly prohibited and in any case, prior written authorization must be requested from FONESTAR SISTEMAS S.A. as the exclusive and worldwide owner/titleholder of www.fonestar.com and its contents.
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