Terms & Conditions
We ask you to read the Terms and Conditions of sale (hereinafter, the “Terms”) carefully before purchasing any product through the website https://fundacionxana.org/tienda/ (hereinafter, the “Website”).
1.OWNERSHIP OF THE WEBSITE
1.1 For the purposes of article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we hereby state that the owner of the Website, and all subdomains and sections dependent on it, is the Fundación XANA (hereinafter, the “Foundation”), with registered office at Avenida Europa 119, 08850 (Gavá de Mar) Barcelona, with Tax Identification Number (NIF) G56290885, and registered in the Foundations Registry of the Government of Catalonia, under registration number 3372, on 08/01/2024.
1.2 If you have any questions regarding these Terms, you can contact us at the email address hola@fundacionxana.org.
2. SUBJECT MATTER AND SCOPE OF APPLICATION
2.1 The purpose of the Terms is to regulate the relationship between the Foundation and You (hereinafter, the “Client”) regarding all transactions carried out through the Website.
2.2 The Website offers a wide range of merchandise, which includes, but is not limited to, clothing, accessories, stationery and collectible products (hereinafter, the “Products”). The profits generated from the sale of these Products will be used to support the sustainability of the Foundation’s projects.
2.3 Access to the Website and the information contained therein is free, without prejudice to the cost derived from the connection through the telecommunications network provided by the access provider contracted by the users.
2.4 The Foundation operates through the Website and provides its Products in the Spanish territory comprised of Peninsular Spain, the Balearic Islands, the Canary Islands, Ceuta and Melilla (hereinafter, the “Territory”).
3. ACCEPTANCE AND ACCEPTANCE TEST
3.1 The acquisition of Products offered by the Foundation must be made by activating the “PAY” button that appears on the relevant page of the Website, and expresses and implies acceptance of each and every one of the provisions included in these Terms, as are written on the Website prior to the acquisition of Products, without any changes that may occur in the clauses of the Terms subsequently being applicable. If the Client does not agree with the Terms, they should not purchase the Products offered on the Website.
3.2 From the moment of acceptance, You acquire the status of Client of the Foundation described in these Terms.
3.3 The Foundation will send to the Client, once these Terms have been expressly accepted, proof of confirmation of the contract made, with all its terms, through the email provided by the Client, within TWENTY-FOUR (24) hours of the purchase.
4. PRODUCTS
4.1 Various Products can be purchased on the Website, the profits of which will be used to support the sustainability of the Foundation’s projects.
4.2 The Website and the Foundation endeavour to provide accurate and complete descriptions of the Products, including images, dimensions, materials and any other relevant information. However, please note that visual representations of the Products may vary slightly from the actual Product due to screen resolution and other technical factors. In this case, the responsibility will not be taken by the Foundation.
4.3 The Foundation informs the Client that the number of available units is kept up to date with the stock in the warehouse, but in some cases, the stock may vary due to human errors or computer incidents and the Product may not be available in the quantities requested.
4.4 If the Product is not available after the order has been placed, the Client will be informed by email of the total or partial cancellation of the order. The partial cancellation of the order due to lack of availability does not imply the right to cancel the entire order. If as a result of this cancellation, the Client wants to return the delivered product, they must follow the provisions of clause 10 (Exchange and Returns Policy) of these Terms.
4.5 Product availability is subject to change without prior notice. We reserve the right to modify or discontinue any Product at any time without liability to users.
5. PURCHASE-CONTRACTING PROCESS
5.1 The use, navigation and purchase made through the Website does not require subscription or prior registration. The Client can purchase the Products offered on the Website as a guest, without needing to register as a user.
5.2 To make a purchase, the Client must follow the purchasing process established on the Website, which includes selecting the Products, adding them to the shopping cart and providing personal information necessary for billing and shipping.
5.3 During the purchase process, the Client must provide the information required for the transaction, including, but not limited to, personal data, email address, shipping address, payment method and any other information relevant to the correct execution of the order. The Client guarantees that all information provided is true and accurate.
5.4 Once the purchase process is completed, and for a maximum period of TWENTY-FOUR (24) hours, the Client will receive proof of purchase to the email address provided during the purchase process. This proof will include the essential details of the purchase, such as the order number, description of the Products purchased, price, date of purchase and any other relevant information.
6. PRICES AND PAYMENT CONDITIONS
6.1 The prices published on the Website are in euros and are current except for typographical errors. All prices include Value Added Tax (VAT) applicable on the day of the order, and any other taxes that may apply for Peninsular Spain and the Balearic Islands. Any change in the VAT rate will be automatically applied to the prices of the products for sale on the Website.
6.2 The order price is indicated with or without taxes depending on the shipping address: (a) Products sent to the Canary Islands, Ceuta and Melilla do not include sales tax; and (b) Products sent to the rest of the Territory include the corresponding Value Added Tax (VAT).
6.3 The price published on the Website does not include the costs corresponding to the shipping of the Products, which are detailed separately and must be accepted by the Client.
6.4 Offers on the Products are duly marked and identified as such and, unless otherwise indicated, will be valid as long as they are displayed on the screen.
6.5 The Foundation reserves the right to modify prices at any time, but the Products will be invoiced at the price which is valid at the time of placing the order.
6.6 In the event that a clear error is detected in the price of one of the Products that the Client has purchased, the order will be cancelled as soon as possible and the full amount will be refunded. The Foundation is not obliged to supply the product at the incorrect price if the error in the price is obvious and unambiguous.
6.7 For orders with a delivery address in the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of taxes and duties corresponding to the current regulations in each of these territories. If not specified differently, it should be considered that the Foundation is not responsible for any costs related to customs duties and the corresponding taxes and tariffs for shipments destined for the aforementioned territories. These costs are, therefore, borne by the Client.
6.8 Shipments to the Canary Islands, Ceuta and Melilla are subject to customs clearance (DUA). In the event that taxes and/or duties have to be paid, these will be the responsibility of the Client.
6.9 The entire amount corresponding to the purchase will be paid by the Client at the time of making the transaction. The rates corresponding to the relevant shipping costs will be added to the initial price that appears on the Website for each of the Products offered. In any case, these rates will be previously communicated to the Client before formalising the purchase itself.
7. PAYMENT AND SHIPPING METHODS
7.1 The Website offers a variety of payment methods to facilitate the transaction of the Products by the clients. These methods may include, but are not limited to, VISA credit and/or debit cards, MASTERCARD, or through BIZUM and any other payment method accepted by the Foundation.
7.2 The Client must select the payment method of their preference during the purchase process on the Website, and provide the information required to complete the transaction in a secure and reliable manner.
7.3 Once the transaction is completed, the Foundation will proceed to manage the shipping of the Products purchased by the Client. In the event of placing an order for several Products with different availability, they will be sent when all the Products that make up the order are available.
7.4 In the event that there is a shortage of stock or a specific unavailability of a Product, the Foundation will contact the Client to inform them immediately and offer them a new delivery time or, if it is not possible to serve them with said Product, proceed to cancel it and provide a refund.
7.5 The Foundation undertakes to deliver the Products purchased by the Client to the delivery address provided by the Client during the purchase process and which must be located within the Territory. The Foundation will not be responsible for errors or damages caused in the delivery when the delivery address provided by the Client does not match the delivery location desired by the Client.
7.6 The delivery will be made through our logistics provider/s: NACEX -CITIOR S.L. The Foundation is not responsible for possible delays in the delivery service due to external causes or force majeure not related to the Foundation.
7.7 The delivery of the Products must be possible at the indicated address within normal business hours. Delivery is considered to have been made from the moment in which the Products have been made available to the Client at the delivery location indicated by the Client. From the moment of delivery, the Products will be under the responsibility of the Client.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1 The intellectual and industrial property rights over the Products, brands, logos, and any other subject to protection, contained on the Website (including designs, texts, images, shapes, opinions, content and other formal expressions, graphics, icons, buttons, software, trade names, industrial drawings or any other signs susceptible to industrial and commercial use) correspond exclusively to the Foundation or third party owners thereof, to whom corresponds the exclusive exercise of the rights to exploit them in any form and, in particular, but not limited to, the rights of reproduction, distribution, transformation, commercialisation and public communication.
8.2 The unauthorised reproduction, distribution, commercialisation or transformation of these Products, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of the Foundation or the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
9. RIGHT OF WITHDRAWAL
9.1 In accordance with the applicable regulations, the Client has the right to withdraw from the purchase of the Products made through the Website within a period of FOURTEEN (14) calendar days from delivery and receipt of the order, without the need for any justification. The withdrawal period will expire FOURTEEN (14) calendar days from the day the Client has received the order and, in the case of delivery of multiple products ordered by the Client in the same order and delivered separately, from when the Client acquired the last of those Products.
9.2 To exercise the right of withdrawal, the Client must notify their decision by means of an unequivocal statement indicating their decision to withdraw from the contract addressed to the Foundation, either by sending an email to hola@fundacionxana.org or a letter sent by post to the Foundation’s address indicated in clause 1 of these Terms.
9.3 Once the notification of withdrawal is received, the Foundation will communicate to the Client, on a durable medium, the acknowledgment of receipt of said withdrawal, as well as provide the necessary instructions for the return of the Products, which must be sent to the address specified by the Foundation in its original state and without having been used.
9.4 The Client must return the Products to the Foundation, without any undue delay and, in any case, within a maximum period of FOURTEEN (14) calendar days from the date of acknowledgment of receipt of the withdrawal notification. The deadline will be considered met if the Products are returned before said deadline has ended.
9.5 In the event of a valid exercise of the right of withdrawal, the Foundation will refund the Client the amount corresponding to the purchase price of the returned Products, including the initial delivery costs, using the same payment method used in the original transaction, within a maximum of FOURTEEN (14) calendar days from the correct receipt of the returned Products.
9.6 The Client will be responsible for the shipping costs associated with the return of the Products, unless the return is due to an error on the part of the Foundation or receipt of defective or incorrect Products. Shipping costs will generally be deducted from the refunded price, unless the refund does not cover the cost of shipping costs. In this case, the Client must directly assume the shipping costs.
9.7 The exercise of the right of withdrawal will not be subject to the payment of any penalty, although the Client will be responsible for any depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products.
9.8 In accordance with article 103 of the Consolidated Text of the General Law for the defence of Consumers and Users, the Client will not be able to exercise the right of withdrawal of those Products purchased that are personalised or made in accordance with the Client’s specifications.
10. EXCHANGE AND RETURNS POLICY
10.1 The Foundation undertakes to offer its Clients a policy for exchanges and returns of defective Products that guarantees their satisfaction and complies with the applicable legal provisions.
10.2 Clients have the right to request changes to the Products purchased on the Website within a period of FOURTEEN (14) calendar days from the date of receipt of the order, as long as the Products are in their original state and have not been used.
10.3 In the event that the Products are defective or the Client considers that they do not match the description offered, the Client will have the right to return the purchased Products. The Foundation undertakes to diligently and efficiently manage all claims related to defects, and to offer the Client appropriate solutions depending on the nature and severity of the defect.
10.4 To request an exchange or return, the Client must contact the Foundation by sending an email to hola@fundacionxana.org and provide the information necessary to process the request, including the order number, indicating the Products for which an exchange is desired or, in the case of a return, indicating the reason with a detailed explanation of the defect detected and/or attaching a photograph.
10.5 Once the change request is received, the Foundation will communicate to the Client, on a durable medium, the acknowledgment of receipt of said request indicating that it will be studied. In case of acceptance, the Foundation will proceed to send the Client the replacement Products as agreed. Shipping costs associated with exchanges will be the responsibility of the Client.
10.6 Once the change request is received, the Foundation will communicate to the Client, on a durable medium, the acknowledgment of receipt of said request indicating that its request will be studied. The Foundation will proceed to verify the existence of the defect expressed by the Client in their request, and may ask the Client for any additional information it deems appropriate in order to proceed with the verification. Once the appropriate checks have been carried out, in the event of a defect, the Foundation will proceed to process its replacement with another Product with identical characteristics, assuming the shipping costs of the new Product. If it is not possible to replace the Product, the Client may request a refund of the amounts paid for the Product returned due to a genuine defect. In this case they will be fully refunded, including the initial delivery costs. The return will be made using the same method of payment that was used to pay for the purchase.
11. RESPONSIBILITY
11.1 The Foundation does not assume any liability arising, by way of example and not limited to:
11.1.1 Regarding the Website: The Foundation will not be responsible for direct and/or indirect and/or intangible damages suffered as a result of:
11.1.1.1 Errors or delays in the client’s access to the website upon entering their data in the order form, the recipients receiving late or no confirmation of the order or any issue arising due to problems on the Internet, incidental events or those of force majeure and any other unforeseeable contingency beyond the good faith of the Foundation.
11.1.1.2 Any communication failures or incidents, deletion or incomplete transmissions. Therefore, no assurance is given that the website services shall be operational at all times.
11.1.1.3 Errors or damages in or to the website due to a client’s inefficient use or misuse of the service.
11.1.1.4 The e-mail address provided by the client to send the confirmation of the order not being operational or experiencing problems.
11.1.1.5 The use that Clients may make of the materials on the Website or links contained therein, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the Website or of third parties.
11.1.1.6 Access by minors to the contents included on the Website, it being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care.
11.1.2 Regarding the obligations undertaken: The Foundation will not be responsible for any failure or delay in the fulfilment of any of the obligations undertaken in the Terms, when the same is due to events that are beyond its reasonable control (hereinafter, “Force Majeure”). Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond the reasonable control of the Foundation and, among others, the following: (a) Strikes, lockouts or other industrial action. (b) Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster. (d) Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private. (e) Impossibility of using public or private telecommunications systems. (f) Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended during the period in which the Force Majeure continues, and that the Foundation will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Force Majeure. The Foundation will use all reasonable means to end the Force Majeure or to find a solution that allows it to comply with its obligations despite the Force Majeure.
11.1.3 Regarding orders: The Foundation is not responsible for direct or indirect and/or intangible damages, including personal injury, suffered as a result of the use of the Products supplied, loss of reputation, image, or data, that may occur during the use and delivery of the Products. Some of the Products come directly from the manufacturers and/or third-party collaborators, and, therefore, they are responsible for ensuring that such products have been certified and have passed all the relevant controls, to be made available to the general public. The Foundation delivers the products to the Clients in the same condition, and as they were previously delivered to it by the manufacturers and/or third-party collaborators. Any damage caused by the Products must be claimed directly to the manufacturers and/or collaborating third parties, and the Foundation declines any responsibility in this regard. In particular, the Foundation cannot be held responsible for any allergic reaction that the products may cause to the Client.
12. PERSONAL DATA PROTECTION
12.1 The Foundation is an entity which is deeply concerned over the protection of the personal data of its Clients. All personal data that you provide us will be treated in accordance with the Website’s Privacy Policy. For more information on the processing of your data, see our Privacy Policy.
13. LANGUAGE
13.1 All documentation related to the contract is available in Spanish, Catalan and English. In case of doubts regarding interpretation, the document in Spanish will be taken as a reference.
14. MODIFICATIONS
14.1 The Foundation reserves the right to make any modifications it deems appropriate to these Terms at any time and without prior notice.
14.2 The current content of the Terms can be consulted through the section called ‘Terms and Conditions’ found on the Website.
15. APPLICABLE LEGISLATION AND JURISDICTION
15.1 The Terms of this Website and the relations between the Client and the Foundation will be governed by Spanish legislation and jurisdiction. To resolve any discrepancy that may arise between the Client and the Foundation, both parties submit to the Courts and Tribunals of the consumer’s residence. In any case, the client will have every right to make an appeal before the Consumer Arbitration Board.
16. OVERVIEW
16.1 Online consumer dispute resolution: In compliance with the provisions of European Union Regulation 524/2013, of May 21, 2013, regarding online dispute resolution in consumer matters, we inform you that the European Commission has established an online platform at your disposal for extrajudicial online conflict resolution, which is available at the following link: http://ec.europa.eu/consumers/odr. This platform may not be available for all countries.
16.2 Accessibility: The Foundation informs you that for legal reasons it archives the electronic documents in which purchases are formalised. The Client may access these documents at any time, requesting it via the following email address hola@fundacionxana.org.
16.3 Invalidity: If any clause or provision of these Terms is held invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms will not be affected. Such invalid or unenforceable provision will be replaced by a valid and enforceable provision.
Last update: April 2024.