z-ONLINE SALES AGREEMENT
SPECIFIC CONDITIONS OF THE ONLINE SALES AGREEMENT
These Specific Conditions of the Purchase Agreement are applicable to online sales made through the website www.theseelk.com (hereinafter, WEBSITE), which belongs to NEVER LET ME DOWN S.L., with registered office situated at C/ Padre Damián 32, 2ºA, 28036 MADRID, and holder of tax identification code (CIF) B-86568128, registered in the Register of Companies of Madrid, in Volume 30.396, Folio 37, Sheet M-547073, Entry 8 (hereinafter, THE SEËLK).
If the customer uses the services offered on the WEBSITE, this means, in all events, that they accept these Specific Conditions of the Online Purchase Agreement, in the version published by THE SEËLK, at the time they place their order. Consequently, the customer is advised to read these Specific Conditions before they make a purchase.
in addition to the general terms and conditions of use of the WEBSITE, we also ask the customer to read our Privacy Declaration before placing their order. By using this WEBSITE, or placing an order through the WEBSITE, the customer consents to be bound by these Conditions and by our Privacy Declaration, which means that, if you are not in agreement with all the Conditions and with the Privacy Declaration, you should not place any orders.
SUBJECT MATTER OF THE AGREEMENTS
These specific conditions pertaining to online purchases are applicable to the purchase of any products offered on the WEBSITE made by customers whose delivery address is OUTSIDE SPAIN.
The prices are given on the website on the date when the order is placed. The prices are detailed on each item and include taxes and statutory fees. The amounts of any delivery costs and any other services are also given, and they will be broken down and shown to the customer when they place their order.
The service for making purchases through the WEBSITE regulated in these Specific Conditions allows the purchase of products and services only by customers aged 18.
THE SEËLK reserves the right to cancel the customer’s access account if it should detect any activity involving fraud, speculation or bad faith in their use of this service.
THE SEËLK will amend and update, where it deems appropriate, items and prices based on the company’s commercial criteria, although any changes will not affect products that have been accepted.
This information and the details contained on the WEBSITE do not constitute a sales offer, but instead, an invitation to trade. There will be no agreement between the customer and THE SEËLK with regard to any products until the order has been expressly accepted by THE SEËLK (even if the customer’s account has already been charged). If the offer is not accepted and any amount has been charged on the customer’s account, the amount of such charge will be returned in full.
In order to place an order, the customer should follow the online purchase procedure and click on “Authorise payment”. After that, they will receive an email confirming receipt of their order (Order Confirmation). The customer should remember that this does not mean that their order has been accepted, since their order is no more than an offer to THE SEËLK to buy one or more products. All orders are subject to acceptance by THE SEËLK, which will confirm such acceptance by sending an email informing the customer that the product is being sent (Shipment Confirmation). The agreement to purchase a product between THE SEËLK and the customer (Agreement) will be formalised only once the Shipment Confirmation has been sent to the customer.
Only products listed in the Shipment Confirmation will be subject to the Agreement. THE SEËLK will not be required to supply any other products that the customer may have ordered until it confirms that these products have been sent through a separate Shipment Confirmation.
In exceptional circumstances, it is even possible (pursuant to Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing) that THE SEËLK could find itself required to refuse to process an order even after having sent the order Confirmation. THE SEËLK reserves the right to do this at any time, at its sole discretion.
UNDERTAKINGS OF THE PARTIES
The price of the products will be as stipulated, from time to time, on the WEBSITE, except in the event of a clear error. Even though THE SEËLK attempts to make sure that all prices shown on the WEBSITE are correct, errors may arise. If THE SEËLK should discover an error in the price of products that the customer has ordered, THE SEËLK, after informing the customer as quickly as possible, will give the latter the option to reconfirm their order at the correct price, or cancel it. If THE SEËLK should be unable to get in touch with the customer, the order will be deemed to have been cancelled and the customer will receive a full refund for any amounts paid. THE SEËLK is not required to supply products (even if it has sent the Shipment Confirmation) if the price error is obvious ad unmistakable and it is reasonable to believe that the customer could have identified it as an incorrect price.
The prices of THE SEËLK products may vary, but (with the exception of the provisions hereinabove) any possible changes will not affect orders where a Shipment Confirmation has already been sent.
In view of the characteristics of online purchases, the price of the products shown on the WEBSITE refers solely and exclusively to purchases made on the WEBSITE, and the price does not have to coincide with the public sale price at THE SEËLK establishments. Pursuant to the above, the price set out on the WEBSITE will be considered binding only for online purchases and in no way will it bind THE SEËLK establishments.
The prices on the WEBSITE include taxes and statutory fees, but they exclude delivery costs, which will be added to the total amount owed and shown to the customer as a breakdown of costs.
Once the customer has done their shopping, all the items they wish to buy will have been added to their shopping bag and the next step will be to process the order and make payment. To do this, the customer should follow six steps:
- Click on “Shopping Bag” at the top of the page, to add the products they wish to buy.
- Next, click on “Buy”.
- The customer should fill in and check their contact information, order details and the address where they want the order to be sent.
- They should then choose the payment method they want to use to make their purchase (credit/debit card or PayPal) and enter the corresponding information.
- They will be asked to accept the “Terms and Conditions”.
- They should then confirm the purchase by clicking “Place order now”.
The customer can pay using their Visa card, Mastercard or PayPal. To minimise the risk of unauthorised access, the customer will be redirected to the virtual payment gateway screen/PayPal where they will be asked to authorise payment of the order. When the customer clicks on “Authorise Payment”, they are confirming that the credit card belongs to them.
THE SEËLK uses Redsys, to make sure the payment is made safely.
Credit cards will be subject to checking and authorisation by the issuing entity. If this entity does not authorise the payment, THE SEËLK will accept no liability for any delays or failure to deliver and, as a last resort, for refusing to formalise the sales agreement with the customer.
Value Added Tax (VAT)
In accordance with current regulations, all purchases made through the Website will be subject to Value Added Tax (VAT), which will be charged at the time of delivery
The customer has the right to withdraw from the agreement within FOURTEEN (14) calendar days following receipt of the product.
In order to formalise this withdrawal, the customer should write to the email address [email protected], within the aforementioned time frame, and send the returns form that is included at the end of this section, stating that they wish to withdraw, and giving their details (including their account number) and the details of the agreement they wish to withdraw from.
For the purposes of returns, the customer will be required to send, using their closest courier service, the product and its original packaging, in perfect conditions, within the term of fourteen (14) calendar days after the date on which they give notice of their decision to withdraw from the agreement, to the following address: THE SEËLK, C/ Camino de la Ventosa 46, 4º Izquierda, 48013, Bilbao, Vizcaya Spain.
Once the withdrawal has been formalised and the item returned with its original packaging and the seal of the brand in perfect condition, the amount paid will be refunded as quickly as possible and, in any event, within fourteen calendar days following the time when THE SEËLK is notified of the customer’s withdrawal.
All payments received will be returned to the customer, including delivery costs, where applicable. The refund will be made using the same method as the one used to pay for the purchase.
The costs of returning the product are to be borne by the customer.
COMPETENT JURISDICTION AND APPLICABLE LAW
The Spanish courts will have jurisdiction over any disputes derived from this online sales agreement. Furthermore, Spanish law (The Revised Text of the General Consumer and User Protection Law) will be applicable to anything not provided for herein.
The European Commission offers a platform for alternative conflict resolution, which can be accessed at: http://ec.europa.eu/consumers/odr/
THE SEËLK does not form part of any association or organisation that offers a system for out-of-court conflict resolution.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All contents (including graphic design, source code, logos, texts, graphics, illustrations, photographs, trade names, trade marks and distinctive signs and any other elements that appear on the WEBSITE) belong exclusively to THE SEËLK or third parties, unless expressly stated otherwise.
No intellectual or industrial property rights over the WEBSITE or over any of the elements that comprise it are assigned to the customer, and the customer is expressly prohibited from reproducing, transforming, distributing, communicating publicly, making available, extracting, reusing, resending and using in any way, by any means or procedure, any of them, except in the events that are legally permitted or with the authorisation of the owner of the corresponding rights.
The customer may view and obtain a temporary private copy of the contents for their exclusive personal, private and non-collective use, on their computer systems (software and hardware), as long as this is not done with the purpose of engaging in collective activities, or activities of a commercial or professional nature. The customer is to refrain from obtaining, or attempting to obtain, the contents using means or procedures other than the ones that, in each case, have been made available to them or suggested for the purpose, or those used habitually on the Internet (as long as the latter do not entail a risk of damaging or disabling the WEBSITE). At all times, the customer is to respect all intellectual and industrial property rights over the WEBSITE belonging to THE SEËLK and third parties.
In all events, THE SEËLK reserves the right to amend, from time to time and without the need for prior notice, the presentation and configuration of the WEBSITE, and these Specific Conditions.
AVAILABILITY OF THE ONLINE PURCHASE SERVICE
The service will be available permanently, twenty-four (24) hours a day. THE SEËLK informs the buyer that anomalies or interruptions may arise in the availability or functioning of the service for causes not attributable to THE SEËLK (technical problems of Internet providers, telecommunications, problems in the buyer’s terminal, etc.), which means the time needed to make the purchase may be prolonged.