General Contract Conditions

1. INFORMATION PRIOR TO CONTRACTING

These general contracting conditions regulate the provision of services and sale of products by Recuperación de Materiales Textiles, S.A.U., a company with registered office at Joan Güell-Narcis Monturiol, 20-22, 08187 Santa Eulàlia de Ronçana (Barcelona) and holder of tax identification number A-08595605 (hereinafter FIBERFEVER.ES), and the users who contract the services and purchase the products offered through the portal www.fiberfever.es (hereinafter the Website).

These General Conditions have been prepared in accordance with the provisions of Law 34/2002 of 11 July, services of the information society and electronic commerce; Law 7/1998 of 13 April, on General Conditions of Contracting; Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws; Law 7/1996 of 15 January, on the regulation of retail trade and any legal provisions that may be applicable.

The acquisition of any of the products and / or services offered by FIBERFEVER.ES implies acceptance as a user of these General Conditions of Contract.

FIBERFEVER.ES reports that the procedures for the acquisition of products and / or services are those described in these general conditions, as well as those other specific ones that are indicated on screen during navigation, so that the user declares to know and accept these procedures as necessary to obtain the products and / or services offered on the website.

2. PROCEDURE FOR PURCHASING PRODUCTS

The products and / or services offered on the Website by FIBERFEVER.ES (hereinafter, the Product / s) will be sold under the terms, conditions and prices that are indicated in the individualized files of each Product, which will constitute the Special Conditions of Contract for each Product.

The procedure for purchasing Products through the Website is as follows:

(i) From the desired Product file, the User must click on the button labelled “Buy” to add it to the “shopping basket” located at the top right-hand side of the Website. The User may add as many products as he/she wishes to the “shopping basket”.

(ii) To go to the ‘shopping basket’ the User must click on the shopping basket button at the top right hand side of the Website.

(iii) At this point the User may: (a) remove Products from the list; (b) vary the quantity of each Product; (c) view the reference and unit price of each Product selected, the shipping costs and the total price of the order.

(iv) If the User wishes to add new Products to the “shopping basket”, he/she must click on the button labelled “continue shopping”. If, on the other hand, he/she wishes to continue with the purchase process of the selected Products, he/she must click on the button labelled “Process my order”.

(v) If the User is already a registered customer of FIBERFEVER.ES, he/she must identify him/herself using his/her email address and password and click on the button labelled “Process my order”. Otherwise, he/she must register by entering name, surname, email, password, area and date of birth and clicking on the button labelled “Create account”.

(vi) The User will then be able to view the delivery time and the corresponding shipping costs.

(vii) The User must then select one of the following payment methods available:

– Credit card, Visa or Mastercard being accepted. Payment will be made securely through the virtual gateway of Banc Sabadell, which has the “Verified by Visa” seal.

– PayPal. The PayPal payment service facilitates direct payment through your PayPal account without having to communicate your bank details. PayPal automatically encrypts your confidential data for a secure method.

(viii) Finally, the User must enter the requested data according to the chosen payment method and confirm the payment.

(ix) The purchase confirmation will appear on the screen with the order number.

– If the User has purchased a digital Product, he/she will be able to download said Product and will receive the invoice relating to the purchase.

– If the purchase is of a physical Product, the User will receive an e-mail with the assigned shop that will proceed with the shipment and invoicing of the order. The assigned shop will be the closest shop that has the Product available and can provide the best service to the customer.

If the User does not receive the confirmation, he/she can contact via email hello@fiberfever.es or telephone 717126136.

3. EFFECTS OF THE CONTRACT

The User’s request to purchase a Product is understood as the conclusion of a binding contract of sale.

The aforementioned contract comes into force when the user accredits the payment of the product and this is verified by FIBERFEVER.ES by confirming the purchase with the order number provided to the user.

In compliance with the provisions of Law 34/2002 of Services of the Information Society and Electronic Commerce, FIBERFEVER.ES informs the user that this electronic contract will not be stored by third parties and that the language chosen for its conclusion is Spanish.

4. PASSWORD

The registered User will be responsible at all times for the custody of your password, assuming any damages that may arise from its misuse, as well as the transfer, disclosure or loss of it.

For these purposes, access to restricted areas and/or the use of the services and contents of the Website carried out under the password of a registered User shall be deemed to have been carried out by said registered User, who shall be liable in all cases for said access and use.

5. CORRECTION AND IDENTIFICATION OF DATA ENTRY ERRORS

If the User forgets to fill in any information marked with a red asterisk as compulsory, he/she will not be able to progress in the contracting or validation process until this information has been filled in. A message on the screen will warn the User of this circumstance.

As stated in the description of the purchase procedure contained in these General Conditions, the User may review and modify the details of the order before finalising it.

6. Order delivery

As indicated above, the User will receive the Product at the address indicated by the User: the delivery of orders will be made by a transport agency at the delivery address freely designated by the User, within 2-5 working days, starting from the next working day after the conclusion of the contract.

FIBERFEVER.ES not assume any responsibility when the delivery of the product or service does not come to be made as a result of the inaccuracy or falsity of the data provided by the user for this purpose, as well as in the event that the delivery can not be made by the absence of the recipient. In such a case, the User may choose to pay the transport costs of a new shipment.

In case of not being able to execute the contract because of unavailability of the contracted Product, FIBERFEVER.ES will inform the User of such unavailability, who may choose between:

1) To recover without undue delay the sums paid under the contract.

2) To allow FIBERFEVER.COM to supply him/her, without any increase in price, with a Product of similar characteristics of the same or higher quality. In this case, the User may exercise their rights of withdrawal and termination in the same terms as if it were the initially purchased Product.

7. PRICE AND SHIPPING COSTS

The prices indicated for each Product include, unless expressly stated otherwise, Value Added Tax (VAT) and, in any case, are expressed in Euro currency (€). These prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional and ancillary services to the Product purchased.

The prices displayed on the Website may be revised and updated at any time, with the prices applied at the time of purchase being valid. On certain dates there may be discounts and promotions that reduce the price of the Products, but such discounts and promotions shall not apply to additional costs.

Discounted prices and promotions are not combinable with other offers and are applicable only during the period of validity of such discount or promotion.

FIBERFEVER.ES ships its products to the Spanish mainland and the Balearic Islands, not including Ceuta, Melilla or the Canary Islands.

Shipping costs are calculated according to the quantity of items to be delivered, unless there is a promotion that indicates otherwise.

Shipping costs are per order and include VAT.

At the end of this process and before processing your order, the total of these costs will be displayed on the screen. If you agree with them, you must confirm your order and proceed to the payment stage.

8. Sending invoices

The User knows and accepts that FIBERFEVER.ES will send their invoices upon receipt of order confirmation.

9. RETURNS AND EXCHANGES

9.1 Procedure

The procedure for returning/exchanging products is as follows:

In case of return the customer will be requested through the dedicated section of the online shop. FIBERFEVER.ES will review the reason for the return within 72 working hours, and if approved, an email will be sent to the customer with the shipping label and return instructions.

For exchanges of promotional items whose discount applies to a single item or to the total purchase, the amount to be taken into account for the purpose of replacing a Product with another of equal value will be the amount that the User paid for the Product, which will appear on the proof of purchase, and not the price that the item may have without the promotion.

Once the Products have been received, they will be carefully inspected, checking that they are in perfect condition, with the interior labels and in their original packaging if they have any. Once this process has been completed, the new product will be sent to the address indicated by the User.

Once the return has been approved, the User will receive a refund. This refund is made in the same payment method that was used to make the purchase. FIBERFEVER.ES recalls that the availability of the amount paid, after approving the return by us, depends on the issuing bank card with which the purchase was made and / or the payment gateway PayPal.

9.2 Deadlines

The User will have a period of 14 calendar days, counting from the purchase of the Product, to make a return. FIBERFEVER.ES reserves the right to refuse returns requested after the deadline, or items that are not in the same condition as they were sent to the User.

9.3 Shipping costs

In case of return of the Product after the maximum period of 14 calendar days, return costs will be borne by the User.

9.4 Incidents

For any incident during the return/exchange procedure (e.g. incorrect amount returned, defective item, incorrect order, etc.) the User should contact hello@fiberfever.es.

10. RIGHT OF WITHDRAWAL

10.1. Period of exercise

The User has the right to withdraw from the contract concluded through the Website within 14 calendar days without giving any reason. In the case of a contract for the delivery of multiple products ordered by the User in the same order and delivered separately, the withdrawal period shall expire 14 calendar days after the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the last of these goods.

In order to exercise the right of withdrawal, the User must notify FIBERFEVER.COM of his decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

In order to meet the withdrawal deadline, it is sufficient that the communication concerning the User’s exercise of this right is sent before the relevant deadline expires.

10.2 Complaints, claims and information requests

The User may address their complaints, claims or requests for information to the FIBERFEVER.ES Customer Service Department, using any of the following methods:

– By sending an email to the address hello@fiberfever.es or by calling +34 717126136.

FIBERFEVER.ES will respond to the complaints received as soon as possible and in any case within a maximum period of one month from the submission of the complaint.

11. CANCELLATION AND TERMINATION

FIBERFEVER.ES reserves the right to terminate a User’s access to the Website and/or its Registered User Panel in the following cases:

(i) Non-payment of the price of the Product purchased;

(ii) Failure to comply in whole or in part with the obligations arising from these general and specific conditions of contract;

(iii) Use of the Website for commercial purposes or to disclose in any way the information obtained;

(iv) Actions against the industrial and intellectual property rights of FIBERFEVER.ES on the contents and products and / or services of the Website;

(v) Use of the Website, its contents or products and / or services, for purposes or effects contrary to law, morality, generally accepted good customs or public order and the instructions received from FIBERFEVER.ES;

(vi) Actions that may produce on the Website or through the same by any means, any kind of damage to the computer systems of FIBERFEVER.ES or third parties;

(vii) Use of the Website to send advertising or communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, either directly or covertly with the sending of mass mailings (spam);

(viii) The collection and/or use of personal data of other users without their express consent or in contravention of the provisions of the Personal Data Protection regulations in force at any given time.

12. PROTECTION OF PERSONAL DATA

In compliance with the provisions of the regulations on Protection of Personal Data (LOPD) in force, it is reported that personal data that are collected directly from the user through the purchase form and / or registration of the product and / or service selected, will be treated confidentially and will be incorporated into the respective automated files which is responsible and owner FIBERFEVER.ES, to be treated by the latter in its capacity as owner and its employees, if any, in order to store the basic information of the users of FIBERFEVER.ES to provide the corresponding services and subsequent billing.

The data provided will be retained as long as the User does not request the cessation of the activity or for the years necessary to comply with legal obligations. The data will not be passed on to third parties except in cases where there is a legal obligation.

The User guarantees that the personal data provided to FIBERFEVER.ES are truthful and is responsible for communicating any changes to them. In any case the User shall be solely responsible for any false or inaccurate information provided and for any damage that may be caused to FIBERFEVER.ES the Website or third parties for the information provided.

The User may at any time exercise their ARCO Rights: rights of access, rectification or deletion, cancellation, limitation and opposition, as well as the right to data portability, by writing to Recuperación de Materiales Textiles, S.A.U. c/Narcís Monturiol, 20-22 ,- 08187 Santa Eulàlia de Ronçana (Barcelona) or by e-mail to hello@fiberfever.es, or by any other means that provides proof of sending and receipt.

The User is also informed that, in the event of disagreement in relation to the processing of their personal data, they may lodge a complaint with the Spanish Data Protection Agency, in its capacity as supervisory authority, located at Calle Jorge Juan, no. 6 (28001 Madrid).

13. NULLITY AND INEFFECTIVENESS OF CLAUSES

If any clause included in these General Terms and Conditions (or those specific to each Product) is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and these General and/or Specific Terms and Conditions shall remain in force in all other respects, such provision being considered totally or partially as not included.

In the event that FIBERFEVER.es does not exercise any right or action recognised in this contract, this shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by you.

14. GOVERNING LAW

In the event that FIBERFEVER.co.uk does not exercise any right or remedy under this contract, this shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by you.

The applicable law in case of dispute or conflict of interpretation of the terms that make up this contract, as well as any question related to the products and / or services of this Website, will be the Spanish law to which the parties expressly submit themselves, being competent for the resolution of all disputes arising from or related to its use the Courts and Tribunals of the domicile of the consumer / user.