TERMS AND CONDITIONS
for using and purchasing from 4INTERIOR Marbella website
This document (together with all the documents to which it refers) establishes the Terms and Conditions of use for this website (www.4INTERIOR Marbella .es) and the purchase of products on it (hereunder, the “Terms and Conditions”).
If you have any questions about the Terms and Conditions or the Data Protection Policies you can contact us using our contact form. You may choose to formalize the contract in any of the languages in which the Terms and Conditions are available on this website.
2. OUR DETAILS
Products are sold through this website by EMILIAN SERBAN, as authorized self-employed – Spanish autónomo, with the business address in Urb. Guadalcantara Golf 1, 29670, Guadalmina, San Pedro de Alcantara – Marbella, Spain, and with Tax ID number ESY6887621D, email [email protected]
3. YOUR DETAILS AND VISITING THIS WEBSITE
The personal information or data you provide about yourself will be processed as established in the Data Protection Policies. By using this website, you consent to said information and data being processed, and declare that all information or data you provide us is correct and true.
4. USE OF OUR WEBSITE
By using this website and placing orders on it, you agree to:
a. Use this website for legally valid consultations or orders only.
b. Not place any false or fraudulent orders. If we have reasonable grounds for considering a placed order to be of this kind, we shall have the right to cancel it and inform the relevant authorities.
If you do not provide us will all the information we need, we will not be able to process your order. When placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The items offered through this website are only available for delivery within European Union territory.
6. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on “Authorise payment”. You will then receive an email acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by email when your order is being delivered (the “Shipping Confirmation”). An electronic receipt with the details of your order will also be attached to the Shipping Confirmation (the “electronic receipt”).
7. PRODUCT AVAILABILITY
All orders will be subject to the availability of the products. If problems should arise in supplying the products or if items are out of stock, we will refund the paid amount.
8. TECHNICAL MEANS OF CORRECTING ERRORS
Unless there are circumstances arising from customization of the products, or unexpected or extraordinary circumstances occur, we will send you the order consisting of the product or products listed in each Shipping Confirmation within the time indicated on the website for the selected delivery method, and in any event, within the maximum period of 30 days from the date of the Order Confirmation.
If, for some reason, we are not able to comply with the delivery date, we will inform you of such a circumstance and give you the option to continue with the purchase, establishing a new delivery date, or to cancel the order with a full refund of the price paid. Please note that we do not make home deliveries on Saturdays or Sundays.
For the purposes of these Terms and Conditions, a “delivery” will be deemed completed or the order will be deemed “delivered” when you or a third party indicated by you acquires the material possession of the products, accredited with the signature of receipt of the order at the delivery address specified.
10. UNSUCCESSFUL DELIVERIES
If we are unable to deliver your order to you, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. In this case, we will leave a note explaining where your order is and what to do to have it delivered again. If you are not going to be at the delivery location at the time of delivery, please contact us to arrange for the delivery to be made another day.
If 30 days have passed since your order was available for delivery and the order could not be delivered for causes which cannot be attributed to us, we will understand that you wish to withdraw from the contract and we will consider it to be terminated. Due to the termination of the contract, we will refund all the payments received from you, including delivery charges without any undue delay, and in any case, in a maximum of 14 days from the date we consider the contract to be terminated. Please note that the transport arising from the termination may incur an additional cost, and we will therefore have the right to charge you for the corresponding costs.
11. TRANSFER OF RISK AND OWNERSHIP
Product risks shall be your responsibility from the moment of delivery. You will acquire ownership of the products when we receive payment in full for all amounts owed in relation to said products, including shipping costs, or at the time of delivery (according to the definition in clause 9 above), if the delivery takes place subsequently.
12. PRICE AND PAYMENT
13. BUYING ITEMS AS A GUEST
The functionality of buying items as a guest is also available on the website. For this type of purchase, we will only request from you the essential data that is required to process your order.
14. VALUE ADDED TAX AND INVOICING
In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on the Value Added Tax, the delivery of the items will be understood to be in Spanish VAT-applicable territory if the delivery address is in Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally applicable rate at the time, depending on the specific item. VAT is not charged on deliveries to the Canary Islands, Ceuta and Melilla in accordance with Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations of each of these territories.
You expressly authorize us to issue the invoice in electronic format. However, at any time you can request a hard copy of your invoice, in which case we will issue and send you the invoice on paper.
15. RETURN POLICY
16. LIABILITY AND EXEMPTION FROM LIABILITY
Unless expressly indicated otherwise in these Terms and Conditions, our liability in relation to any product acquired on our website is limited strictly to the purchase price of said product. However, unless there is a legal ruling to the contrary, we will not accept any liability for the following losses, regardless of their origin:
* loss of income or sales;
* loss of business;
* loss of earnings or loss of contracts;
* loss of anticipated savings;
* loss of data; and
* loss of management time or office hours.
Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained from this website, unless it is otherwise expressly established here.
If you are entering a contract as a consumer or user, we offer guarantees on products sold on this website in the terms established by law for each type of product, therefore responding to any lack of conformity if non-conformity becomes apparent within a period of two years after the product’s delivery.
The products will be understood to comply with the contract if (i) they match our description and have the characteristics we presented on this website, (ii) they are suitable for the normal uses of products of the same type, and (iii) they offer the normal quality and features it would be reasonable to expect of a product of the same type.
The products we sell, especially handmade products, often present the characteristics of the natural materials used to make them. These characteristics, such as variations in grain, texture or color, will not be considered defects or flaws. On the contrary, they should be regarded as necessary and desirable. We select only products of the highest quality, but natural variations are unavoidable and should be accepted as part of the individual appearance of the product.
18. INDUSTRIAL AND INTELLECTUAL PROPERTY
You recognize and agree that all copyrights, registered brand names and other industrial and intellectual property rights over the material or content provided as part of this website belong to us or to the owners who have granted us a license for their use. You can make use of said material solely in a way in which we or those who grant us the license for its use expressly allow. This will not prevent you from using this website as needed to copy information regarding your order or Contact information.
19. VIRUSES, PIRACY AND OTHER CYBERATTACKS
You may not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs, or any other technologically damaging or harmful program or material. You may not try to gain unauthorized access to this website, the server on which said website is hosted, or any server, computer, or database related to our website. You undertake to not attack this website through a denial-of-service attack or a distributed denial-of-service attack. Breaching this Clause may lead to offences as described in applicable legislation. We will inform the competent authorities of any breach of this norm and will cooperate with them to discover the attacker’s identity. Also, anyone in breach of this Clause will immediately no longer be authorized to use this website. We are not responsible for any damage that may result from a denial of service attack, virus or any other program or technologically damaging material that may affect your computer, computer equipment, data or materials as a result of using this site or downloading content from it or those to which it redirects.
20. LINKS FROM OUR WEBSITE
In the event our website contains links to other websites and third-party material, said links are facilitated for solely informative purposes, and we do not have any control over the content of said websites or materials. Therefore, we will accept no liability for any loss or damages arising from their use.
21. WRITTEN COMMUNICATION
Applicable regulations require that the information or communications we send you be in writing. By using this website, you accept that most of our communications with you will be in electronic formats. We will contact you by email or provide information by publishing announcements on this website. For contractual purposes, you consent to using this electronic means of communication and you recognize that all contracts, notifications, information, and other communications we send you electronically comply with the legal requirement that they be in writing. This does not affect your legal rights.
Any notifications you send us should preferably be sent through our contact form. In accordance with the above Clause 21 and unless otherwise stipulated, we may send you communications either to your email address or to the postal address provided when you place an order. The notifications will be understood to have been received and to have been issued correctly as soon as they are published on our website, 24 hours after sending you an email, or three days after the postmarked date of any letter. To prove that a notification has been issued it will be sufficient to prove, in the case of a letter, that it bore the correct address and correct stamp and was posted in a Post Office or postbox, and in the case of an email, that it was sent to the email address specified by the recipient.
23. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, grantees and assignees. You may not transmit, cede, pledge or transfer in any other way a contract or any of the rights or obligations arising from it without previously obtaining our consent in writing. We may transmit, cede, pledge, subcontract or transfer in any other way a contract or any of the rights or obligations arising from it at any time during the lifetime of the contract. To avoid any ambiguity, such transmissions, cessions, pledges or other transfers will not affect any of your legally recognized rights as a consumer, nor will they cancel, reduce or limit in any other way any explicit or tacit guarantees we may have given you.
24. EVENTS BEYOND OUR CONTROL
We will accept no liability for any failure to comply or delay in complying with any contractual obligations if this should be due to events beyond our reasonable control (“Force Majeure”). Force Majeure includes any action, event, failure to act, omission or accident that is beyond our reasonable control, including but not limited to:
a. Strikes, lockouts and other events relating to labor disputes.
b. Civil unrest, uprising, invasion, terrorist threat or attack, war (declared or undeclared) or the threat of or preparations for war.
c. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
d. Impossibility of using trains, boats, aircraft, 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 by any government or public authority.
Our obligations will be understood to be suspended while the Force Majeure event is happening, and we will be allowed to extend the time in which our obligations must be fulfilled by a period as long as the duration of the Force Majeure event. We will use all reasonable means to bring the Force Majeure event to an end or find a solution that will let us fulfil our obligations despite the Force Majeure event.
If we do not require you to comply strictly with your obligations arising from a contract or from these Terms and Conditions, or if we do not exercise the rights or take the actions to which we are entitled by virtue of such a contract or these Terms and Conditions, this will not mean that we waive or limit such rights or actions, nor does it exempt you from complying with such obligations. If we waive a specific right or action, this will not imply that we waive any other rights or actions arising from a contract or these Terms and Conditions. If we waive any of these Terms and Conditions or the rights or actions arising from a contract, this will not be legally effective, unless it is expressly established that this is a waiver, the waiver is formalized and you are informed in writing, as established in the Notifications section above.
26. PARTIAL ANNULMENT
Should any of these Conditions or any provision of a contract be declared null and void by a final decision issued by the corresponding authority, the remaining Terms and Conditions shall remain in effect without being affected by this declaration of nullity.
27. COMPLETE AGREEMENT
These Terms and Conditions and any document that is expressly referenced herein constitute the full agreement between you and us with regard to the purpose thereof and they replace any other prior pact, agreement or promise made between you and us, whether verbally or in writing. We both recognize that we have agreed on a contract without relying on any statement or promise made by the other party or which could be inferred from any statement or written text in the negotiations between both parties before the contract, except for that explicitly mentioned in these Terms and Conditions. Neither of us will be entitled to any action regarding any untrue verbal or written statement by the other party before the date of a contract (unless the untrue statement was made fraudulently) and the only action to which the other party will be entitled will be for a breach of the contract, as established in these Terms and Conditions.
28. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of any substantial changes made thereto. These changes will not be retroactive and, barring possible exceptions depending on the specific case, they will take effect 30 days after they are published in the corresponding notice.
If you do not agree with the changes made, we recommend you do not use our website.
29. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the contracts to purchase products through the website will be governed by Spanish law. Any dispute that arises because of or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts. If you are entering into a contract as a consumer, nothing in this clause will affect the rights that as such are recognized by current legislation.
30. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We welcome your comments and suggestions. Please send us any comments and suggestions, as well as any questions, complaints or claims using our contact form, or writing to the post or email addresses indicated in clause 2 of these Terms and Conditions. We also have official complaint forms available to consumers and users. You can request them using our contact form. Your complaints and claims made to our customer service department will be attended to as soon as possible and, in any event, within the maximum period of one month.
You can download a copy of the withdrawal template form from the following link: pdf document.
If you, as a consumer, believe that your rights have been violated, you can direct your complaints to us by writing to the email address by email at or using our website contact form, so as to request an alternative resolution to the dispute.
In this regard, if the acquisition between you and us was carried out online using our website, in accordance with EU Regulation No. 524/2013, we hereby inform you that you are entitled to request an out-of-court settlement to consumer disputes through the website https://ec.europa.eu/consumers/odr/
Date of last change: 01 March 2020
WITHDRAWAL FORM TEMPLATE
(only fill in and send this form if you wish to withdraw from the contract)
To: Emilian Serban, authorized self-employed, acting under the trade name 4INTERIOR Marbella, Urb. Guadalcantara Golf 1, 29670, Guadalmina, San Pedro Alcantara – Marbella, Spain. orders @4interior.es
I hereby inform you that I withdraw from my sales contract for the following item:
Ordered on/received on (*)
Consumer signature (only if this form is submitted in paper)
(*) Cross out any which are not applicable