BuyFromSpain.com (hereafter referred to as “the Company”) hereby sets out the following BuyFromSpain.com Terms of Service (hereinafter referred to as “the Terms”) in relation to use of the Spanish purchasing and overseas forwarding service provided by the Company to customers (hereafter referred to as “the Service”).
The Company may, at its own discretion, specify separate terms in addition to the Terms as and when necessary. Separate terms shall be regarded as an integral part of the Terms. Accordingly, members are required to agree to all relevant terms to use the Service.
In the event of conflict between the Terms and any separate terms, the separate terms shall take precedence. In all other cases, both the Terms and separate terms shall be simultaneously applicable.
Article 1: Customer of the Service
- A “customer” is any party that has agreed to the Terms, completed an online order to use the Service run by the Company, had their order approved by the Company and been issued with an order number.
- Customers may not allow any third party to use their order information, lend, transfer, sell or pledge their order information to a third party or engage in any form of equivalent conduct.
Article 2: Revisions to Terms of Service
The Company may revise the Terms without prior notice. In the event of any such revisions, all matters relating to the Service shall be subject to the revised terms.
Article 3: Order Submission
- Those wishing to submit an order through the Service (hereafter referred to as “prospective customers”) shall complete the online order application form in person.
If the prospective customer is a minor, they shall obtain the consent of a parent or guardian before ordering.
- Order submission procedure shall only be completed once the Company has approved the order outlined in the preceding paragraph.
Customer may be declined however if the Company deems that any of the following grounds are applicable to the prospective customer. Order may also be revoked after approval if any of the following grounds are deemed to be applicable.
- In the event that the prospective customer is a minor and has not obtained the consent of a parent or guardian.
- In the event that the prospective customer is ineligible for ordering due to a previous breach of the Terms or other such reason.
- In the event that the details provided by the prospective customer on the order are found to be untrue, incorrect or incomplete.
- In the event that the prospective customer has neglected to make payment of outstanding obligations to the Company.
- In the event of any form of conduct liable to interfere with or otherwise impact upon the running of the Company, the provision of the Service or the usage of the Service by other customers.
- In the event of any other conduct deemed inappropriate by the Company.
Article 4: Order number and order status management
Customers shall be responsible for managing the status of an order number issued to them by the Company after placing an order.
Customers may not allow any third party to use their order number, lend, transfer, sell or pledge their order number to a third party or engage in any form of equivalent conduct.
Customers shall be liable for any losses or damage resulting from the inadequate management, inappropriate usage or third party usage of their order number or any form of equivalent conduct. The Company shall accept no liability whatsoever in such an event. All usage of the Service via an order number and email address shall be attributed to the relevant customer, who shall be held fully responsible.
In the event that an order number has been divulged to a third party or there is a risk of an order number being used by a third party, the relevant customer shall inform the Company immediately and proceed as instructed. In the event that the Company sustains any losses or damage as a result of the unauthorized usage of an order number, the relevant customer shall compensate the Company accordingly.
Customers are under obligation to manage the combination of the order number and email address in a secure manner. The Company shall accept no liability whatsoever for any losses or damage sustained as a result of customers failing to fulfill such obligations.
Unless expressly approved by the Company, replacement of order numbers shall not be issued.
Article 5: Changes to details provided, etc.
In the event of any changes to the details provided to the Company on their orders, customers shall notify the Company immediately.
All correspondence sent out by the Company to the contact address indicated in the details provided upon an order shall be regarded as having reached the relevant customer on schedule.
Article 6: Handling of personal data
- The Company shall only use customers’ personal data for the following purposes:
- Order administration.
- Selling or providing products, rights, digital content, services or financial products (hereafter referred to as “products and other services”) offered by the Company or a third party.
- Conducting promotions, giveaways or questionnaires.
- Simplifying order and other processes in relation to the usage of customer only services on behalf of the Company, its parent company or any of its subsidiaries (hereafter referred to as “the Group”).
- Notifying customers of important matters in relation to the running of online services (including via email).
- Advertising, promoting or soliciting sales of products and other services offered by the Company or a third party (including via email).
- Sending out email newsletters.
- Packaging and shipping products.
- Billing and invoicing.
- Providing services as part of point, coupon, mileage or other incentive schemes (hereafter referred to as “incentive scheme(s)”).
- Publishing information posted by customers.
- Dealing with inquiries and providing after-sales services.
- Conducting research and analysis on marketing data and developing new services.
- Compiling statistics and other data for provision to partner companies specified by the Group or the Company (hereafter referred to as “partner companies”).
- The Group may also use information on customers, including their order number, name, gender, email address, telephone number, post/zip code, address, nicknames, date of birth, purchase history, incentive scheme balance and incentive scheme usage history, in order to fulfill any of the above purposes.
The Company shall nonetheless be entitled to provide personal data in any of the following circumstances:
- If the customer has given their consent.
- If the disclosure of data is required by law or as part of a criminal investigation or other legal proceedings or if a legitimate information request is received from a consumer center, bar association or other public institution.
- If forwarding a customer’s order details to a partner company.
- If disclosing data to a partner company in the event that a customer has purchased or is attempting to purchase a product or other service from the relevant partner company.
- If necessary in order to ship products or provide services.
- If disclosing data to a financial or billing service provider.
- If disclosing data to a partner company for the purpose of providing services as part of an incentive scheme run by the Company or the relevant partner company.
- If outsourcing all or part of the Compan’s operations to a third party.
- If disclosing data to a party assuming control of business operations due to a merger, business transfer or other such arrangement.
- If required in accordance with the Personal Information Protection Law or other applicable legislation.
Article 7: Suspension or termination of order
The Company may temporarily suspend or terminate any customer’s order without refund of any paid fees if any of the following grounds are applicable.
- In the event of unauthorized usage of the customer’s combination of order number and email address to access the Service or in the event that the customer allows such actions to take place.
- In the event that the customer fails to make payment of charges by the specified date.
- In the event of that the customer has proceedings filed against them, including seizure, provisional seizure, provisional injunction, compulsory execution, bankruptcy or civil rehabilitation, or files for such proceedings themselves.
- In the event that the customer has breached other provisions set out in the Terms or separate terms.
- In the event that the Company deems the relevant party to be ineligible for ordering for any other reason.
- In the event that the customer remains inactive or fails to respond to our contacts for over 10 days.
Article 8: Contents of the Service
The Service is an intermediary purchasing service whereby the Company purchases products on behalf of a customer from a domestic retailer, either online or by mail order or in person, and then ships to the customer.
The Company is not party to the product sales contract with the retailer and therefore accepts no liability whatsoever for any issues relating to the product, including defects or intellectual property violations.
This shall not apply however in the event that the customer can prove that the product was lost or damaged whilst in the care of the Company.
The Company is not party to the product delivery contract with the carrier and therefore accepts no liability whatsoever for any losses or damage sustained by the customer as a result of non-delivery, late delivery, breakages or other issues relating to delivery.
The customer shall authorize the Company to conclude the delivery contract in their name.
Terms and conditions relating to eligible retailers and carriers covered under the Service and products eligible for delivery via the Service, including product categories, size, weight, value and delivery locations, are limited to the scope specified by the Company.
Customers shall not use the Service in any way that exceeds the scope specified by the Company.
Article 9: Products excluded from the Service
Customers shall not use the Service for any of the following products:
- Cash, checks, bills, shares or other securities (Including cash vouchers such as for airline tickets and concert tickets).
- Credit cards, ATM cards or other cards.
- Savings/deposit books or withdrawal cards issued by a financial institution.
- Correspondence or other means of communication currently defined by law as correspondence.
- Live animals or plants, dead animals or stuffed specimens.
- Human bodies, human body parts, dead bodies, human remains or mortuary tablets.
- Food, drink or other items susceptible to deterioration in quality or decomposition.
- Stimulants, cannabis, narcotics, psychotropic substances or any other illegal drugs.
- Guns, swords or other weaponry, gun powder or other explosives, poisons or other deleterious substances.
- Pharmaceuticals or medical equipment.
- Child pornography, adult videos or other materials of an obscene nature.
- Any items obtained through illegal, fraudulent, unjust or otherwise dishonest means or methods.
- Items whose transport, export and import are prohibited or restricted in accordance with the law in the importing or exporting country, state or local government (including intermediate countries).
- Any other items not authorized under the carrie’s terms of shipping.
- Any other items deemed to be inappropriate by the Company.
Article 10: Service charges and payment
- Charges for using the Service are as indicated on the service fees page and may be revised by the Company with no prior notice.
The product weights used as standard for the price list are based on measurements taken by the Company.
- Charges for using the Service include a service fee and a one-off charge for shipping from the Company to the customer.
Customers shall be liable for any other charges incurred in relation to shipping from the Company to the customer, including customs and shipping charges for other parts of the journey, at cost (hereafter referred to as “additional expenses”).
The Company is under no obligation to pay additional expenses on behalf of any customer.
- Customers shall make payment of all service charges as instructed no later than the date specified by the Company.
Article 11: Communication regarding product orders
Immediately after ordering a product, customers shall notify the Company of the precise details, using the specified form to accurately provide the necessary details required to purchase and deliver the product to the member.
Article 12: Inspections
- The Company may open up products and inspect the contents.
As the Company is under no obligation to carry out such inspections however, inspection results do not represent a guarantee of any sort with regard to the quality of the relevant product, the presence or absence of defects, authenticity or the occurrence of any violation of applicable legislation in the country of origin, or destination or intermediate countries.
- In the event that an inspection, as outlined in the preceding paragraph, brings to light any items that are in violation of or are suspected of being in violation of the Law for Prevention of Transfer of Criminal Proceeds or other applicable legislation, the Company may take steps such as notifying the police or other government agency or surrendering the items in question.
- The Company shall accept no liability for any losses or damage sustained by the customer as a result of product inspections or any other actions stipulated in this article.
Article 13: Refusal to provide the Service
If any of the following grounds are applicable or are suspected to be applicable, the Company may refuse to provide the Service, even if the Service has already been accepted.
- If the product concerned is listed under Article 9.
- If it is not possible to verify the customer’s address or the product delivery address.
- If the information on the packages we receive differs from the shipping address in your order details.
- If the purchase was made using payment methods the Company cannot accept such as cash/collect on delivery.
- If the member has rejected the product.
- If the carrier will not deliver the product.
- In the absence of notification in accordance with Article 10.
- If the product details provided by the member via notification in accordance with Article 12 do not match the product received by the Company or the relevant notification is inaccurate.
- If the product is seized by customs.
- If the member fails to make payment of service charges.
- If the member has breached the Terms.
- If the provision of the Service is deemed to be inappropriate by the Company for any other reason.
Article 14: Disposal of undeliverable items
- On receipt of any product listed under Article 9, the Company may immediately discard the relevant product or dispose of it by other means.
- If any of the grounds stipulated in the preceding article are applicable and the Company has already taken receipt of the relevant product, the Company shall retain the relevant product for a period of 60 days from the date of receipt.
- In the event that all of the grounds stipulated in the preceding article are resolved before the end of the period outlined in the preceding paragraph, the member may instruct the Company to ship the relevant product to their address or process it in another manner approved by the Company.
- In the event that all of the grounds stipulated in the preceding article are not resolved before the end of the period outlined in the above paragraph 2, the Company may sell the relevant product or dispose of it by other means.
- If the Company sells the relevant product, as detailed in the preceding paragraph, it may use the proceeds to cover the cost of retaining and disposing of the relevant product, service charges and other expenses.
- If there is any outstanding amount after the disposal of the products in accordance with the preceding paragraph, the Company shall transfer the relevant amount into an account designated by the customer within 20 days of the date on which the amount is finalized or the date on which the customer designates an account, whichever is later.
Transfer charges shall be borne by the customer.
- The outstanding amount detailed in the preceding paragraph shall remain interest free.
- The Company shall accept no liability whatsoever for any losses or damage sustained by the customer as a result of the disposal of products as outlined in this article.
- Irrespective of the terms set out in this article, the Company may still file proceedings in accordance with the Civil Execution Law.
Article 15: Changes to or the suspension of the Service
The Company may make changes to the contents of or suspend the Service with no prior notice. The Company shall accept no liability for any disadvantages experienced or losses or damage sustained by the customer as a result of such changes or suspension.
Article 16: Interruptions to or the suspension of the Service
- If any of the following grounds are applicable, the Company may interrupt or suspend all or part of the Service with no prior notice to members.
- If equipment or systems used for the provision of the Service are undergoing maintenance checks or being replaced.
- If it is unfeasible to provide the Service due to a fire, power failure, natural disaster, system failure or other such factor.
- If telecommunications carriers are failing to provide essential services.
- If the Company deems it necessary to interrupt or suspend the Service for any other reason.
- The Company shall accept no liability whatsoever for any losses or damage sustained by customers as a result of interruptions to or the suspension of the provision of the Service.
Article 17: Prohibited conduct
- Customers shall not engage in any of the following forms of conduct or any form of conduct that could potentially be regarded as such in relation to their usage of the Service.
- Using the Service for unauthorized purposes.
- Infringing upon intellectual property rights (trademark rights, copyrights, design rights, patent rights, etc.), portrait rights, publicity rights or any other rights belonging to the Company or a third party.
- Engaging in conduct linked to fraud or other criminal activities.
- Impersonating a third party in order to use the Service.
- Using facilities belonging to the Company or a third party without authorization or otherwise impeding the running of the Company or a third party.
- Breaking the law, violating the Terms or separate terms or causing offense to public order and morals.
- Interfering with the running of the Service.
- Engaging in any other form of conduct deemed inappropriate by the Company.
- In the event that the Company sustains any losses or damage as a result of a customer violating the Terms or separate terms, the Company may claim compensation against the relevant customer accordingly.
Article 18: Unshippable or returned items
- The Company will try its best to ensure the product does not fall into the category of items described in Article 9.
- However, in the event where the purchased item is deemed illegal to be shipped overseas by the delivery service or is returned to our warehouse for any reason the item will be handled according to Article 14.
Article 19: Governing law and jurisdictional court
- The Terms and separate terms shall be subject to Spanish law.
- In the event of any dispute regarding the Terms or separate terms, exclusive and primary jurisdiction shall rest with San Sebastián District Court.
Article 20: Minimum of Combined Orders
- There is no minimum for any single order.
- There is, however, a requirement that the customer shall combine multiple orders to a grand total of at least 30 €.
Article 21: Refunds
- If we are unable to fulfill an order after receiving payment from the customer, the customer is eligible to receive a full refund of the order minus the service fee.
- The service fee is non-refundable under any circumstances.
Article 22: Payments of Auction Items
- Customers are required to make full payment of their maximum bid of the auction.
- In the event that the auction ends at a price lower than the maximum bid, we will refund the price difference minus the service fee.
- Customers are also required to make the payment no less than 3 days before the auction ends to allow reasonable amount of time for us to prepare bidding.
- No last minute payment is accepted.
- In the event that payment is made late resulting in unsuccessful bidding, we will refund the full payment amount minus the service fee.
- In the event that payment is made properly but we are outbided by other bidders, we will refund the full payment amount minus the service fee.