Terms of sale
Terms of sale
These Conditions of Sale (the “Conditions”) apply to the sale of all FANCYHAUS products.
Please read these conditions carefully before placing your order with Atypical Founders SLU. (“FANCYHAUS”). By placing your order you agree to be bound by these conditions.
1.General conditions
Registering at FANCYHAUS is free.
You are not required to register and you can unsubscribe whenever you want.
The information we receive when a registration is made is completely confidential and only FANCYHAUS or its collaborating companies will have access to the data and will be subject to our PRIVACY POLICY.
2. Pre-employment information
These general contracting conditions, together, where applicable, with the particular conditions that may be established, will expressly regulate the relationships that arise between ATYPICAL FOUNDERS SL and the Clients who contract the products offered through the Website:
These General Conditions have been prepared in accordance with the provisions of the Spanish legal system, specifically in Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 3/2014, of March 27, by which The consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws is modified, approved by Royal Legislative Decree 1/2007, of November 16, Law 7/1996 on the Regulation of Retail Trade, Law 59 /2003, of December 19, electronic signature and any other legal provisions that may be applicable.
The use and/or acquisition of FANCYHAUS products, whose characteristics are described on the FANCYHAUS website, hereinafter referred to as the “products ” , imply acceptance as Customer, without reservations of any kind, of each and every one of these General Conditions, as well as the Specific Conditions that, where applicable, govern the acquisition.
FANCYHAUS informs that the procedures to carry out the acquisition of the products are those described in these General Conditions, as well as those other specific ones that are indicated on the screen while browsing our website, so that the Client declares to know and accept said procedures as necessary to access the products offered on the website.
Any modification and/or correction of the data provided by Clients during navigation will be possible and must be carried out according to the instructions included on the Website.
The products offered on the website, along with their characteristics and price, will appear on the screen. We try to show the physical characteristics of the products as accurately as possible , but it should be taken into account that the quality, configuration and resolution of the computer monitor can influence the perception of colors, so there may be some slight color difference between the real product and the one reflected on the screen.
While we strive to ensure that the information displayed on our website is complete, product packaging and materials may occasionally contain additional or different information than that shown on our website. The components can also change. We recommend that you do not stop to read only the information available on our website but that, before using it, you also carefully read the labeling, warnings and instructions that accompany the product.
FANCYHAUS reserves the right to decide at any time which products it offers to Clients through its Website. In this way, FANCYHAUS may at any time include new products or modify those included on the Website, it being understood, unless otherwise provided, that such products will be governed by the provisions of the General Conditions in force at that time. Likewise, FANCYHAUS reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Website.
3. Purchase procedure
3.1 Registration
To purchase the products , FANCYHAUS requests that you register, for which you must be of legal age (18 years), and you must complete the forms that appear on the screen and specifically: (i) complete completion of the electronic form that in each moment appears on the Web page, following the instructions indicated therein. To finalize your order you must click on “PAY NOW”, thereby confirming that you have read and accepted the PRIVACY POLICY”, CONDITIONS OF SALE, etc.
3.2 Fulfillment of the order
Once registered, and to proceed with the purchase of any of the products , you must follow the instructions on the screen, completing for this purpose the order form provided, which implies reading and irrevocable acceptance of each and every one of the these General Conditions, as well as, where applicable, the existing Specific Conditions.
When you place your order, we will send you an email message confirming receipt of your order. You can, however, modify your order before the order enters the shipping process.
We only sell products in quantities corresponding to the typical needs of an average household. This applies both to the number of products ordered in a single order and to the case in which the customer chooses to place several orders for the same product and said individual orders include the typical quantities necessary to cover the needs of an average household.
4. Transportation and delivery
4.1 Transport price : the price of transporting the Product to your home depends on the quantity, weight and shipping area. It will be identified on the website at the time of confirming the purchase of the Product .
For areas outside mainland Spain, destination customs fees and area taxes are not included.
4.2. Delivery : FANCYHAUS will try to deliver the Product you have purchased as soon as possible, to the address you have indicated for this purpose in the order form. In the purchase confirmation email provided in section 3.2. of these General Conditions, the delivery time will be indicated.
If you notice, at the time of delivery by the carrier, any lack of conformity or that the merchandise is visibly damaged or incomplete, you must refuse to deliver the order or state it on the carrier's delivery note. On the other hand, you must notify it within a maximum period of 24 hours from receiving the order, by contacting FANCYHAUS through the email [email protected] . In any case, you must always verify that the merchandise has been delivered in perfect condition and it is recommended to note on the carrier's delivery note "damaged packaging" or similar in order to be able to claim later, since otherwise the carrier will accept the receipt of the product.
4.3. Delivery times : the approximate delivery times of the products , in working days, except for transport problems beyond the control of FANCYHAUS, are those indicated in the product sheet. FANCYHAUS will make its best efforts to ensure that these deadlines are respected, but its delay, due to transport problems or situations arising from problems with the supply of raw materials, beyond the control of FANCYHAUS, will not imply the cancellation of the order or any compensation.
4.4. Deliveries outside the EU territory : when placing an order to be delivered to a country or territory not belonging to the European Union, you may have to pay import duties and taxes upon arrival at the destination. This is because you will be considered the importer of the products , so you must comply with all applicable laws and regulations in your country. Orders destined for the Canary Islands, Ceuta and Melilla are also subject to local customs procedures.
Any additional expenses due to the payment of customs and/or tariff duties will be your responsibility. FANCYHAUS has no control over such expenses and therefore it is not possible to anticipate their amount. As customs policies vary significantly from country to country, we advise you to contact the relevant customs office for information on import restrictions that apply to certain products. We are not responsible for customs withholdings. If you do not pay the corresponding import taxes, the merchandise may be detained at customs. In this case returns will not be accepted.
5.- Price and method of payment
5.1. Price : The purchase prices in force at the time the order is placed are those that appear on the screen. The prices will indicate the Value Added Tax (VAT).
However, purchases made by residents in non-EU countries will be exempt from paying VAT and subject to payment of the applicable import tax if the necessary legal conditions are met. Customs clearance costs and import taxes are not included in the product price or shipping price and therefore you must pay them at destination.
Due to their special tax regime, the geographical areas corresponding to the Canary Islands, Ceuta and Melilla are considered non-EU territories for these purposes.
In general, any tax, fee, tribute and brokerage that accrues as a result of the sale of the Product, as well as any other expenses derived from it, will be for your account.
The shipping costs that will appear on the screen will be at your expense and will correspond to the rates set by the transport agency contracted at all times, and will depend on the destination and weight of the shipment.
Prices are shown in EUROS, and will be invoiced and collected in this currency.
5.2. Payment method : at the time you add the Product to the 'Shopping Cart', the amount of said product with and without VAT will appear on the screen or, if the purchase was exempt from said tax, said exemption will be automatically considered. based on the personal data entered by you, once you have confirmed the order. Payment of the price of the purchased Product and shipping costs, which will appear on the screen, can be made either by credit or debit card, or PayPal. To proceed with the payment, you must follow each and every one of the instructions that appear on the screen, providing the following information, if made by credit or debit card: a) type of card; b) name and surname of the owner; c) card number; c) expiration date; d) as well as any other that is required on the screen.
As an electronic payment system, FANCYHAUS has an e-commerce payment gateway installed that has been contracted with a bank or with the Shopify platform. All data provided for these purposes is encrypted to guarantee maximum security.
5.3. SSL Protocol : The navigation and purchasing process on the website is carried out using the SSL protocol, thus providing both the client and FANCYHAUS with the highest standards in confidentiality and security in communications.
This protocol is universally supported by the main browsers and guarantees (i) the identity of the recipient of your data (no impersonation of the seller), (ii) the confidentiality of the information provided and (iii) the integrity (non-manipulation) of the information supplied.
Likewise, FANCYHAUS states that in no case does it store the data provided by users through the payment gateway, and that it is only kept while the purchase is made, the payment is made and until the withdrawal period has elapsed. In order to provide greater security to credit card owners, a three-digit number has been included on your cards that serves as an identification code to verify the physical presence of the card during Internet transactions. This three-digit number is printed on the back of your card (in the signature area), immediately after the card number. In order to prevent fraudulent transactions with credit cards, these check digits will be requested to validate the operation.
5.4. Invoice : FANCYHAUS will issue a receipt for your order, which will be provided in electronic format and will be sent to the email address you have provided us.
6. Right of withdrawal
6.1 You may cancel your order within 30 calendar days from the day you receive the purchased products.
6.2 This right will not be applicable in the event that the product has been manufactured in accordance with the specifications that you have provided us and therefore it is a personalized product.
6.3 You must inform us of your decision to withdraw from your order, by sending your request to the following email address: [email protected]
For this purpose you can use the WITHDRAWAL FORM, which you will find at the end of these Conditions.
FANCYHAUS will confirm in writing the receipt of the request and the details of how to proceed with the return. It will be enough for you to send your communication before the end of the 30-day withdrawal period and return the item in the manner that we indicate in writing (customized products tailored to the customer's needs are exempt from these conditions and cannot be exchanged or returned). .
FANCYHAUS will not be the owner of the returned product until it is received at the return address.
6.4 Effects of withdrawal :
a) You must return the products following the instructions that we indicate to you in writing, within 30 days after receiving the product. Under no circumstances will changes or returns of a product be accepted without prior notice: for any type of change or return you must make your request by contacting FANCYHAUS in advance, sending an email to the email address " [email protected]". After reviewing your request and if the necessary conditions are met, we will indicate in detail the steps to follow to proceed with the right of withdrawal.
b) Changes or returns will be managed by the FANCYHAUS courier company, by collecting the order at the same delivery location, or by delivering the product to a collection point, as previously agreed, and always depending on the service offered by the courier company and/or the location (country, city, etc.).
c) FANCYHAUS will not be obliged to reimburse any additional costs resulting from this.
c) FANCYHAUS will carefully verify the condition of the returned products. If the product has not been unsealed and maintains its original packaging, or if the product that is returned is with the original packaging opened, but is in perfect condition and without any type of damage or mark, FANCYHAUS will refund the purchase amount of the product, discounting transportation costs, within 30 business days of receipt .
d) If the products to be returned have been used, manipulated, have signs of use, or have been damaged due to having been returned without adequate protection for transport to our warehouses, this will mean that the exercise of the right will not be admitted in any case. right of withdrawal.
and) FANCYHAUS will not be the owner of the returned product until receipt of the same and the right to Withdrawal will not be effective until we receive all the products and can check in detail their perfect condition.
f) The shipping costs of the returned products to FANCYHAUS will be borne by the customer and will therefore be deducted from the amount to be refunded.
g) FANCYHAUS will use the same payment methods that you would have used for the initial purchase, unless another method is expressly agreed. In any case, you will not bear any surcharge that may arise from said refund. We may withhold the refund until we have received the returned items from you or until you provide us with proof that you have returned the items, whichever comes first.
7 . After-sales guarantee
In addition to your legal rights of withdrawal, if you are a customer from the European Union (except the United Kingdom) you will have a post-sales guarantee, of 3 months from the date of delivery of the Product , for the repair or replacement of products purchased at FANCYHAUS if were defective or non-compliant with what was advertised on our website.
In the event that the products have a manufacturing defect, you will have the right to demand that FANCYHAUS replace or repair them, unless one of these two options is objectively impossible or disproportionate. You must notify us of the defect noticed within two months from the moment you notice it. From the moment you inform us of the chosen option we will stick to it. Any option that would have unreasonable costs for FANCYHAUS will be considered disproportionate, taking into account the value of the Product.
The repair or replacement will be free of charge to you and will be carried out within a reasonable time.
The price reduction and the termination of the contract will proceed, at your option, when the repair or replacement of the Product is not possible or in cases in which these have not been carried out within a reasonable period of time or without major inconvenience for the consumer and user. The resolution will not proceed when the lack of conformity is of minor importance.
The price reduction will be proportional to the difference between the value that the Product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.
8. Our responsibility
FANCYHAUS will not be responsible for:
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losses that were not attributable to any breach on your part;
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indirect or consequential losses that were not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
Nothing in these Conditions limits or excludes our liability in the event of misrepresentation, or for death or personal injury attributable to our negligence or intent.
FANCYHAUS will not be liable for any delay or failure to perform its obligations under these conditions if such delay or failure is attributable to circumstances beyond our reasonable control.
This provision does not affect your right to receive the product within a reasonable time. If the delay occurs prior to the shipment of the Product, FANCYHAUS will not charge you any amount for said Product until it has been sent to you, in which case you may cancel the order at any time prior to said shipment.
9. Applicable law
These conditions will be governed and interpreted in accordance with Spanish laws, expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods.
Both parties agree to submit to the non-exclusive jurisdiction of the courts of Barcelona (Spain). If you are a consumer and have your habitual residence in the European Union, you will also have the protection that any mandatory provision of the legislation of your country of residence may offer you.
The European Commission offers a platform for alternative dispute resolution, which you can access here:
https://ec.europa.eu/consumers/odr/
10. Modification of the conditions of sale
We reserve the right to make changes to our website, our policies and these Conditions of Sale, at any time.
You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time you place your order, unless, by law or at the request of public authorities, a change must be made to such terms and conditions, policies or to these Conditions of Sale (in which case, such changes may apply to any orders you have previously placed).
If any of these conditions is declared invalid, void or for any reason ineffective, said condition will be understood to be excluded without said declaration affecting the validity or enforceability of the rest of the conditions.
11. Resignation
In the event of non-compliance by you with these Conditions, and even if FANCYHAUS may decide not to exercise any rights available to it at that time, FANCYHAUS may make use of such rights and actions on any other occasion in which you may breach these Conditions. selling.
12. Our contact details
Our contact information is as follows:
13. Language
In the event of a discrepancy between the Spanish version of this text and other versions on our website, the Spanish version will prevail.
Withdrawal form template
(You must only complete and send this form if you wish to withdraw from the contract)
To the attention of FANCYHAUS via [email protected]
I/we hereby inform you (*) that I/we withdraw from our (*) contract for the sale of Product ________________with the following information:
- Ordered on/received on (*): ______________
- Reference number: ________________
- Name of the consumer and user or consumers and users: _____________
- Address of the consumer and user or consumers and users: ______________
- Signature of the consumer and user or of the consumers and users (only if this form is presented on paper)
- Date: ________________