TERMS OF SERVICE
This document contains the conditions that govern the use of this website and the binding contract between us (hereinafter the “Terms and Conditions”).
These Terms and Conditions may be amended, so you should read them before placing all orders.
2.- THE USE OF OUR WEBSITE
These Terms and Conditions are the only ones applicable to the use of this website and supersede any others, except with the prior express written consent of the Seller.
These Terms and Conditions are as important for You as they are for us. They have been written to create a legally binding agreement between us in order to protect both your rights as a customer and our rights as a company.
When placing an order, You declare that you have read and fully accept the Terms and Conditions.
You agree that:
a. You will not place any speculative, false, or fraudulent orders. If we have reason to believe an order of this kind has been placed, we are entitled to cancel it and inform the relevant authorities.
c. If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, You state that you are 18 or older and that you have the legal capacity to enter into binding contracts.
3.- HOW IS THE CONTRACT FORMALIZED?
The information and details contained in this website do not constitute an offer of sale but an invitation to do business.
There will be no contract between us in connection with any product until your order has been expressly accepted by us (even if your account has already been charged).
If your offer is not accepted and you have already been charged you will be refunded in full.
To place an order, you must follow the online purchase procedure and click the “Authorise payment” button. Once the order is placed, you will receive an email acknowledging receipt of the order (the “Order Confirmation”).
Please note that this does not mean your order has been accepted, it merely constitutes an offer you have made to us to buy one or more items. All orders are subject to acceptance by us and we will confirm our acceptance by sending an email to inform you that the product is being sent (the “Shipping Confirmation”).
The product purchase contract between us (Contract) will only come into effect when we send you the Shipping Confirmation.
Only the products detailed in the Shipping Confirmation will be subject to the contract.
We are not obliged to provide you with any other product included in the order until we confirm shipment of that product in a separate Shipping Confirmation.
4.- PRODUCT AVAILABILITY
All product orders are subject to availability and, as such, if lack of stock means we are unable to fulfil your order within 21 calendar days, We reserve the right to supply you with information about substitute products, of equal or superior quality, that you may choose to receive instead.
If you do not want to order the substitute products or do not accept the estimated date of manufacture and shipment of your product, we will refund any amount you may have paid.
5.- LEGAL PRODUCT WARRANTY
The items for sale on deklamp.com are covered by a two-year legal warranty for faults, in accordance with the Ley General para la Defensa de los Consumidores y Usuarios (Consumer Protection Act).
In the absence of proof to the contrary, it is understood that the products conform to those stipulated in the contract. Products that do not conform to those stipulated in the contract shall be deemed as such by that which is set forth in Article 116 of the Ley General para la Defensa de Consumidores y Usuarios (Consumer Protection Act).
Consumers are only covered by the legal warranty if they can provide proof of purchase.
The consumer has the right to request free-of-charge repair or replacement under the same terms that regulate the return of faulty goods.
6.- REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any Product on this website at any time and/or to remove or modify any item or content on the website.
Although we will always do our best to process all orders, there may be exceptional circumstances which compel us to refuse the processing of any order after sending the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion.
We will not be liable to you or any third party for the withdrawal of any product on this website, regardless of whether the product has been sold or not, or for the removal or modification of any item or content on the website, or for refusing to process an order after we have sent the Order Confirmation.
Without prejudice to the provisions set out in Clause 4 above, and except in the case of extraordinary circumstances, we will try to deliver the products detailed in the Shipping Confirmation within a maximum of 21 working days.
It’s possible that the delivery time may be extended to 30 days for any of the following reasons:
Customization of the items; Special items; Unforeseen circumstances; Delivery area;
If for any reason we are unable to comply with the delivery date, we will inform you of this fact and give you the option to continue with the purchase by establishing a new delivery date or to cancel the order and receive a full refund of the price paid.
Please note that we do not deliver on Saturdays or Sundays.
For the purpose of these Terms and Conditions, delivery shall be deemed to have taken place when the product/s have been signed for at the agreed address.
8.- INABILITY TO DELIVER
If it is impossible for us to carry out the delivery, we will try to find a safe place to leave the package.
If we cannot find a safe place, your product/s will be returned to our warehouse.
We will leave you a note explaining where your package is and how to arrange for it to be resent.
If you are unable to be present at the delivery address at the agreed time, please contact us to arrange delivery on another day.
Please note that the storage and re-sending of your product/s may be subject to additional charges.
9.- TRANSFER OF RISK AND OWNERSHIP
You will become liable for any risks associated with the items from the moment delivery has taken place.
You will become the owner of the items when we have received payment of all charges relating to them, including delivery costs, or at the time of delivery (as defined by clause 8) if this takes place at a later date.
10. – PRICE AND PAYMENT
The price of the items will be that which is stipulated on our website, except in the event of an obvious error.
The price displayed on the web page is the final price.
If we discover an error in the price of items you have ordered, we will inform you as soon as possible and we will give you the option of reconfirming your order at the correct price or cancelling it.
If we are unable to contact You, the order shall be deemed cancelled and you will be refunded the full amount paid.
Given the particularities of online purchases, the prices given for items on the website are applicable solely and exclusively to purchases made from that website.
In accordance with the above, the prices given on the website are only considered to be binding for online purchases.
We shall not be obliged to provide the product(s) at an incorrect lower price (even if we have sent the Order Confirmation) if the pricing error is obvious and unambiguous and could have been reasonably identified by You as an incorrect price.
The prices quoted on the website include VAT but exclude the delivery charges, which will be added to the total amount due, and which are detailed on our “Delivery Charges” page.
Prices may change at any time, but (except in the situation detailed above) any possible changes will not affect orders when a Shipping Confirmation has already been sent.
Once you have finished shopping, all the items you wish to buy will have been added to your basket and you must then process your order and make payment.
To do so:
1. Click on the “My basket” button at the top of the page.
2. Click on the “Pay” button.
3. Fill in or check the contact information, order details, the address you want your order to be sent to, and the address to be used for the invoice. Click the “Continue to delivery methods” button
4. Select the delivery method. Click the “Continue to payment methods” button
4. Choose the payment method for your purchase and enter the required details.
5. Accept the “Terms and Conditions”
6. Click “Finish”
You will be able to make a card payment using the Shopify platform. To minimize the risk of unauthorized access, all credit/debit card transactions are processed through the secure WordPress platform.
You must authorize payment at the time of placing the order. The full amount will be deducted when you confirm your purchase and have accessed the payment platform linked to your bank.
By clicking “Authorize payment” you are confirming that the credit card is yours.
Credit cards are subject to checks and authorizations by the issuing entity. If the issuing entity does not authorize payment, we will not be liable for any delay or non-delivery and we will not be able to formalize any
Contract with You.
11.-VALUE ADDED TAX
In accordance with current regulations, any purchase made through the website is subject to Value Added Tax (VAT), which will be applied at the rate applicable at the time of delivery.
12.- RETURNS POLICY
12.1.- GENERAL RULES FOR WITHDRAWAL AND CANCELLATION
The customer is entitled to withdraw from the contract under the terms of the Consolidated Text of the Ley General para la Defensa de los
Consumidores y Usuarios (Consumer Protection Act) within 15 calendar days following the receipt of the article.
The right of withdrawal will expire 15 calendar days after the date of the conclusion of the contract.
To formalize the withdrawal, the customer must deliver the unused product and its original packaging in perfect condition, within 15 calendar days, to the address we will provide you with when you inform us of your intention to withdraw via an e-mail to [email protected]
The email must be received within the 15 day period and communicate your intention to cancel the contract and return the article(s), along with your personal details and details of the contract you wish to withdraw from or a returns form where applicable. Delivery costs for returns are the responsibility of the customer.
We will not accept articles that have been used or are damaged or broken as a result of lack of care or neglect.
When the cancellation has been formalized and the article along with its original packaging has been returned, a refund will be issued in the shortest possible time, and in all cases, within 15 working days of the return.
All payments received, except shipping costs (approx. 10€), handling fees/packaging (10€) and, if applicable, financial expenses (3€), will be refunded using the same payment method used by the customer for the original transaction.
12.2.- GENERAL RULES FOR EXCHANGES
It is only possible to exchange an article for another of equal or greater worth, by paying the difference in price within the first 15 days of receipt of the article.
Without prejudice to the right of cancellation, refunds will not be issued unless the article purchased is damaged or faulty, although all articles are carefully inspected before sending to avoid such circumstances.
If you want to change or return any article please send it to our offices in China (China, Guangdong Province, Shenzhen, Baoan District, A17, Huaide Cuigang District ZIP:518000). The customer is always responsible for shipping costs. Due to the type of product in question, we recommend using a courier company to send the product on your behalf, thereby ensuring the article is correctly received at our facilities.
We will not accept exchanges or returns sent by freight collect arrangements.
If you have any questions, you can contact us through our contact form, at [email protected]
If at the time of delivery, you believe the product does not conform to the terms of the Contract, you must contact us immediately through our contact form, providing details of the product and any damage to it.
You must return the product to us at the address indicated above, stating the reason for the return, along with proof of purchase, and request the repair or replacement of the product. This type of return will be completely free of charge.
We will carefully examine the returned product and inform you by email within a reasonable period of time if the return or replacement (where applicable) has been accepted.
The return or replacement of the article will be processed as soon as possible, and in all cases, within 30 days of the date on which we sent you an email confirming the return or replacement of the defective item.
Refunds will only be issued when we cannot replace the article with another identical one in perfect condition.
The amounts paid for genuine returned faulty items will be completely refunded, including the initial delivery charges and the charges incurred by you for returning the item to us.
The refund will be made using the same method employed for the original purchase payment.
If payment for the initial purchase was made by credit card, the amount will be reimbursed to that same card.
This does not affect your statutory rights.
13.- LIABILITY AND EXEMPTION FROM LIABILITY
Our liability in relation to any product purchased on our website will be strictly limited to the purchase price of that product.
Nothing in these Terms and Conditions of Purchase exempts us or in any way limits our liability:
a. In the event of death or personal injury caused by our negligence;
b. In the case of fraud or fraudulent misrepresentation;
c. In any circumstance in which it would be illegal or unlawful for us to claim or try to claim exemption or limitation of our liability.
Without prejudice to the previous paragraph and to the extent permitted by law and excepting any situation provided for by these Terms and Conditions, we will not accept liability for consequential damages occurring as a side effect of the primary loss or damage, however they occur, whether a result of tort (including negligence), breach of contract, or any other circumstances, even if they could have been prevented, including but not limited to the following:
i. loss of income or sales;
ii. loss of business;
iii. loss of earnings or loss of contracts;
iv. loss of anticipated savings;
v. data loss;
vi. loss of management time or opening hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we cannot guarantee the accuracy and security of information transmitted or obtained through this web page unless expressly stated otherwise on it.
All the article descriptions, information, and materials contained in this website are provided on an “as seen” basis and without express, implied, or any other type of guarantee.
To the extent permitted by law, we exclude all warranties except those that cannot be legitimately excluded from consumers.
The ITEMS we sell, especially ITEMS made from precious metals, may have unique characteristics as a result of their artisan production.
These characteristics will not be considered as defects or faults. On the contrary, you should expect and appreciate them.
The provisions of this clause do not affect your consumer protection rights as recognized by the law, nor your right to withdraw from the contract.
14.- INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and other intellectual property rights contained in the materials or content of the website, belong to us at all times, or to the person or entity that authorized us to use them.
You can only use this material if we or the person or entity that gave us the authority to use it expressly authorizes you to do so. This does not prevent you from using this website to copy information about your order or contact details when necessary.
15.- COMMUNICATIONS IN WRITING
The current regulations require some information or communications to be made in writing.
By using this website, You accept that most of the communications between us will be done electronically.
We will contact you by email or provide you with information by posting notifications on the web page.
For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information, and other communications that we send you electronically comply with the legal requirements to be in writing.
This condition does not affect your legally recognized rights.
Any notifications you send us should preferably be sent via our contact form.
In accordance with the provisions of clause 16 and unless stated otherwise, we may send communications to your email address or to the 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 time they are posted on our website, 24 hours after having sent an email, or three days after the posting date of any letter.
To demonstrate that the notification has been made, it must be proven that a letter was correctly addressed, properly sealed, and duly delivered to a post office or a post box. Emails must have been correctly sent to the email address provided by the recipient.
17.- TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between us is binding for both parties, as well as for our respective replacements, transferees, and successors.
You may not convey, assign, encumber or otherwise transfer a contract or any of the rights and obligations arising from it, for your benefit, without obtaining our prior written consent.
We can convey, assign, encumber, sub-contract or otherwise transfer a contract or any of the rights and obligations arising from it, for our benefit, at any time during the term of the contract.
For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers shall not affect your legally recognized rights as a consumer, nor does it cancel, reduce, or limit in any way the express or implied warranties we have issued.
18.- EVENTS BEYOND OUR CONTROL
We cannot be held liable for any failure or delay in complying with our contractual obligations when that failure or delay is due to events beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, absence of event, omission or accident beyond our reasonable control and in particular (without limitation) the following:
a. Strikes, lockouts, or other protest measures.
b. Civil unrest, riot, invasion, terrorist attack or terrorist threat, war (whether already declared or not) or threat of war and preparations for war.
c. Fire, explosion, storms, floods, earthquakes, subsidence, epidemic, or any other natural disaster.
d. Inability to use trains, ships, aircraft, motorized transport or other means of transport, whether public or private. e. Inability to use public or private telecommunications networks.
f. Acts, decrees, legislation, regulations, or restrictions from other governments.
g. Strike, failure or accident of maritime or inland waterway transport, postal service, or any other type of transport. It is understood that our duty to comply with contractual obligations shall be suspended during the period in which a Force Majeure Event continues and that we will have an extended period of time to fulfil our obligations for the duration of that period. We will make every reasonable effort to bring about the end of the Force Majeure event or to find a way of fulfilling our contractual obligations despite it.
If, during the term of a contract, we decide not to insist on strict compliance with any of its obligations or with any of these Terms and Conditions, or if we decide not to exercise any of the rights or resources we are contractually entitled to exercise or claim,
this shall not constitute a waiver of those rights or resources or exempt you from fulfilling those obligations.
Any contractual waivers we choose to make shall not constitute a waiver on our behalf of any of your future contractual obligations.
No waiver by us of any of these Terms and Conditions shall take effect, unless it is expressly communicated to you in writing, in accordance with the provisions of the previous section on notifications.
If any of these Terms and Conditions or any provision of a contract is invalidated, declared illegal or in some way unenforceable by the competent authority, it will be separated from the remaining Terms, Conditions, and provisions, which will continue to be valid insofar as the law permits.
21. – ENTIRETY OF THE CONTRACT
These Terms and Conditions and any document expressly relating to them constitute the entire agreement between us in relation to the object of the Contract and supersede any other pact, agreement, or earlier pledge agreed between us, whether verbally or in writing.
Both parties declare that they have entered into this Contract without having relied on any statement or promise made by the other party or anything that could be inferred from any statement or written text during negations between them prior to the
Contract, except that which is expressly mentioned in the present Terms and Conditions.
Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless the untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with these Terms and Conditions.
22.- OUR RIGHT TO AMEND THESE TERMS AND CONDITIONS
We have the right to review and modify the Terms and Conditions at any time.
You will be subject to the policies and Conditions in force at the time you make each order, unless we are required by the law or a government department to make changes to those policies, Conditions, or the “Privacy Statement”, in which case the possible changes will also affect any orders you have already placed.
23.- APPLICABLE LEGISLATION AND JURISDICTION
These General Conditions are governed by Spanish law: deklamp.com and the user, expressly waiving their right to any other jurisdiction, submit to the Courts and Tribunals of the residence of the service provider to settle any dispute that may arise from the provision of services which are the subject of these General Conditions.
24.- COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. We kindly ask you to send us such comments and suggestions via our “Contact Form”.
If you have any questions, you can contact us by emailing our contact form to [email protected]