TERMS AND CONDITIONS OF USE
These terms and conditions are the terms and conditions under which you (the user) and Matthias B. Franze, regulate the use and enjoyment of the Matthias B. Franze website. Being a user of the Matthias B. Franze website implies that you consent to the use of the Matthias B. Franze website. Franze website implies that you expressly consent to these terms and conditions and to the provisions of the applicable legal regulations. If you do not agree with these conditions, please do not continue to use this website.
1.- PURPOSE OF THE WEBSITE
The website of Matthias B. Franze www.avasan.fashion (hereinafter referred to as the website) has been created for the sole purpose of providing information to its users, who have access to information that is offered free of charge and accessible to everyone without the need to pay any fee at any time during access. It is in this environment in particular, that Matthias B. Franze wishes to establish the present conditions and limitations of use, which is extended and added in all complementary and non-contradictory clauses to those which may cover other parts of the website subject to general and/or particular conditions.
Even "Special Conditions" if necessary for specific services. The latter "Special Conditions" must be made available to the user in a reliable manner by any means and specifically approved by the user, before both parties consider them to be accepted and act accordingly.
2.- LIMITATIONS OF USE AND PROTECTION OF THE INFORMATION AND CONTENTS OF www.avasan.fashion
The content and information that can be accessed by the user through the website, mainly through the search engine or within the space reserved for registered users, are the property of Matthias B. Franze. This information may be viewed for personal, informative and non-commercial use. However, it is prohibited to copy, distribute, perform, reproduce, license, transfer or sell any information taken from the Matthias B. Franze website. Franze website and in particular the user search engine.
Matthias B. Franze makes occasional changes to the information, inserting watermarks with encryption technology, which do not alter the content or meaning of the information to any degree, but which allow the detection of illicit commercialisations of its database and the origin of such commercialisations, as well as the date and IP of extraction. Matthias B. Franze will be able to prove the unlawful collection of information and will therefore be able to claim the penalties provided for in the penal code for the misappropriation of databases.
3.- COPYRIGHT AND TRADEMARKS
The intellectual and industrial property, trademarks, graphics, images, logos, information and icons visible on the website of Matthias B. Franze's website are the exclusive property of Matthias B. Franze or, where applicable, of the entity or group that has authorised their inclusion. All content and its format are protected by applicable national and international laws.
The self-interested use of any content found on the Matthias B. Franze website is prohibited. Franze's website is strictly prohibited, unless a written licence has been granted.
4.- LIABILITY
Matthias B. Franze is not liable for damages caused by failures or misconfigurations of the software installed on the user's computer, transmission failures and defects of the software manufacturer. This website is prepared by default to be viewed in any type of browser and with any operating system. Matthias B. Franze is not liable for any failure to display relevant information that may occur in any other possible combination of browsers and/or operating systems.
You are solely responsible for what happens on your own computer, and you must take appropriate security measures to protect the information stored on it, to avoid loss or damage caused by downloads from the web with respect to the information that the user can access through the web, due to the different sources of obtaining the same and its recording process, Matthias B. Franze does not guarantee the absolute correctness of the information. Franze does not guarantee the absolute correctness of the information and therefore the user cannot be held liable for any damages resulting from errors in the information provided.
5.- AMENDMENTS
Matthias B. Franze may change these terms and conditions at any time, although it is not intended to do so frequently, by publishing the dates of the changes on this page and they will come into force immediately. If any part of these conditions ceases to be applicable due to legislative change or judicial resolution, these clauses will be annulled, but the remaining clauses will be perfectly valid and will remain in force. By continuing to use our website, you accept these conditions and agree to accept the modifications made to them, and you are obliged to check this page frequently. If you do not accept these conditions, you must not continue to visit the Matthias B. Franze website.
6.- INDEPENDENCE
The contents of Matthias B. Franze does not take any political line nor does it support any ideology or political-social or business group above any other.
CONDITIONS OF PURCHASE
All purchases made on our website (hereinafter avasan.fashion ) by the customer (hereinafter "the Customer") are subject to the General Terms and Conditions of Purchase set out in this document. If any aspect of the purchase is not contemplated in the same, it will be regulated according to the legislation in force in Spain.
The order placed by the Client implies his agreement and acceptance of these General Conditions of Purchase. No stipulation made by the Client on the present Terms and Conditions of Purchase may differ from those established by Matthias B. Franze (www.avasan.fashion hereinafter avasan.fashion ).
All the information appearing on the avasan.fashion web pages concerning the articles, their characteristics, their prices, their conditions of purchase including their forms and conditions of collection and payment may be modified by avasan.fashion at any time and without prior notice, in order to keep the general public promptly informed of such changes.
Some aspects of the current General Conditions of Purchase may be varied by special agreement between the Client and avasan.fashion, always with the express consent of avasan.fashion.
1. PRODUCTS AND PRICES
1.1 Except for typographical error or omission, the characteristics as well as the prices of the articles available for sale appear perfectly reflected in the different web pages that make up the site www.avasan.fashion.
1.2 The amount of the prices of the articles as well as any of their characteristics may be subject to revision by avasan.fashion at any time without the latter being under any obligation to notify such modifications to the Client by any means other than the display of such changes on its web pages. On the other hand, except for the correction of typographical errors, once the purchase of an article has been made, avasan.fashion shall undertake to maintain the price in force at the time the order was placed.
1.3 TAXES:
1.3.1 In accordance with the regulations in force, any purchase made through the Website shall be subject to Value Added Tax (VAT), which shall be charged at the rate in force at the time of delivery. In the case of sales to other member states of the European Union, in accordance with current regulations on distance sales, deliveries shall be understood to be localised and taxed in Spain, when the recipient is a private individual and is established in another member state.
When the recipient is a businessman or professional, who makes the purchase for the exercise of his economic activity, and provides a VAT number attributed by the tax authorities of another Member State, the delivery will be understood to have been made and will be taxed in the country of destination. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of them.
1.3.2 The prices indicated for shipping costs do not include import duties and the buyer shall bear the corresponding customs duties and taxes of each country, which shall be paid in cash at destination by the recipient of the goods.
1.3.3 In the event that the package is detained by customs, the recipient shall also be responsible for the handling costs. This condition is accepted with the completion of the purchase. In cases where the item has arrived at destination and the customer refuses to pay the customs and handling fee, this amount will be deducted from the return of the product.
1.3.4 In no case will avasan.fashion be responsible for the payment of customs clearance or the taxes derived from them.
1.3.5 The purchase system is subject to the laws in force in Spain, therefore the sales transactions will be understood to be carried out at the domicile of Matthias B. Franze, Calle Cuesta La Rosa 6 A E-11630 Arcos de la Frontera (Cádiz).
2. ORDERS
2.1 It shall be understood that the Client has read, understands and freely accepts the present General Conditions of Purchase when he/she places his/her order through the existing purchase forms on the avasan.fashion website by accepting (ticking) the box provided for this purpose.
2.2 Given that there are links on the avasan.fashion website for the free viewing of the present General Conditions of Purchase, these shall also apply to products ordered by any other means other than the Internet order form (by e-mail, by telephone or in person).
2.3 avasan.fashion reserves the right at all times to accept or refuse at its own discretion any request to purchase, extend, renew, modify or change any of the articles displayed on its web pages.
2.4 avasan.fashion will accept orders placed from Ceuta, Melilla, the Canary Islands and/or the Balearic Islands.
2.5 The Client affirms that the personal, payment and delivery details provided to avasan.fashion are real and reliable. In the event that avasan.fashion verifies that any or all of these details are false, the purchase will be automatically cancelled and the Client will not be able to claim any refund with regard to the costs derived from the management.
2.6 In the event that the Client provides details of a third person or entity when making the purchase, the Client shall be solely responsible for ensuring that said third person or entity is aware of and expressly accepts this situation. All liability for any damages that may arise from this fact shall be borne entirely by the Client, excluding avasan.fashion from any liability.
2.7 Any indication or query made by the Client in the sections for comments on the order or in subsequent communications will be taken as merely informative and will in no way condition the purchase made (the product, the method of payment, the delivery times, the delivery and, by extension, any of the present Conditions of Purchase).
2.8 avasan.fashion also reserves the right to withhold an order pending any information required from the customer. In such a case, delivery times will be delayed in relation to the time taken by the customer to reply.
3. PAYMENTS
3.1 The Client is responsible for the payment of invoices even when a third party intervenes on behalf of the Client, so that the responsibility for providing authentication, access or identification data to a third party is solely and exclusively that of the Client.
3.2 avasan.fashion shall issue the corresponding invoice for the products purchased and it shall be sent to the Client by e-mail so that, if he/she so wishes, he/she may subsequently print it out on paper so that he/she may have it at his/her disposal in a physical form.
3.3 In any case avasan.fashion always reserves the right to decline an order or modify its form or type of payment as it sees fit.
3.5 FORMS OF PAYMENT:
3.5.1 Payment of the purchase amount must be received by avasan.fashion free of bank charges or other expenses arising from the transaction.
3.5.2 Payments made from outside Spain.
3.5.2.1 In addition to the provisions of the previous section, you must take into account that you must make payment for your purchases in EUROS and that all possible bank charges for currency exchange shall be borne by the Client.
3.5.2.2 The Client must always indicate to his/her bank that he/she will be responsible for the bank charges and expenses arising from the transaction. If this is not the case, avasan.fashion may stop the delivery of the order if it does not receive the full amount of the order.
3.6.5 Payment by PayPal or credit card.
3.6.5.1 The Customer may select this payment method to pay for purchases. In doing so, he/she will be connected to the PayPal environment so that he/she can identify him/herself as a user and complete the payment. Likewise, and if the Customer does not have a PayPal account, the Customer may use the payment gateway of this company to make the payment by credit or debit card.
3.6.5.2 Credit card fraud is a crime, and avasan.fashion will take legal action against anyone who carries out or attempts to carry out a fraudulent transaction or scam.
4. SHIPPING AND DELIVERY TIMES
4.1 The nature of each product and the characteristics of the product selected by the Customer will determine the period of time that elapses from the time we receive confirmation of payment and the date on which the product is received.
4.2 On the avasan.fashion web pages we inform of the indicative delivery time for each article, which should always be considered and for all purposes as merely informative, exempting avasan.fashion from any responsibility derived in the event that these are not fulfilled.
4.3 Under no circumstances shall any delay in the receipt of an order justify the cancellation of the same or the request for compensation by the Client or third parties.
4.4 The indicative periods indicated for the delivery of the products to the Client shall always start to count from the receipt by avasan.fashion of the actual confirmation of payment of the total amounts, and therefore the order shall not be processed until that moment. If the proof of payment is received after 17:00 hours, the order will be processed from the following day.
4.5 Orders placed on Fridays after 17:00 hours will be processed from the Monday of the following week. Orders placed on Saturdays will be processed from the Monday of the following week. Orders placed on Sundays and/or public holidays will be processed on the first following working day.
4.6 Deliveries shall be made carriage paid by the Customer making the purchase.
4.7 The delivery time described above shall be effective in the event that the Customer is not available at the place and time indicated by him/her, in which case the products shall be deemed to have been delivered if the Customer is not at home on the date and at the place of delivery indicated.
4.8 Delivery times will also depend on the availability of each product. For orders of several items, a single shipment will be made, which will correspond to the item with the longest delivery time. These delivery times are for guidance only and avasan.fashion will do its utmost to respect them as far as possible.
4.9 Any penalty clause for delays introduced by the Customer in his order shall be rendered null and void upon acceptance of these General Terms and Conditions of Purchase.
4.10 Delivery is considered to have taken place once the product has been placed at the disposal of the recipient by the carrier and the recipient is obliged to sign for receipt of the delivery. Likewise, the recipient who signs for and receives the product must check the condition in which he/she receives the package to ensure that it is not defective (knocks or visible damage). If you detect any anomaly that could have been caused by the transport and you are not satisfied, you must state it at that precise moment, in writing on the delivery note, accompanied by your signature and stating the reason for your complaint (damaged product, ...). You must communicate your dissatisfaction to avasan.fashion no later than 24 hours after delivery of the articles, by e-mail to the address info@avasan.fashion. avasan.fashion will not accept returns for this reason that have not been communicated within this period.
In the event that the products need to be returned, the return must be made within 14 calendar days of delivery. Any claim made outside this period will not be accepted. Only returns of products in their original condition, i.e. in their packaging and with their accessories, will be accepted. In the section "exchanges and returns" described below, we detail the steps and requirements to follow to make a correct return.
4.11 The customer will have 24 hours to check the integrity of all the components of the product as well as to check that the characteristics of the article shown on the pages of avasan.fashion. After this time, the integrity and content of the product shall be deemed to be accepted. If you have any other questions, please do not hesitate to send us an e-mail to info@avasan.fashion or call us at 616 290 298.
4.12 Shipments within Spain
In this case, orders will be received within a maximum of 3 to 5 days.
4.13 Shipments outside Spain In this case you should contact our sales department at info@avasan.fashion and they will inform you of the delivery time.
4.14 Personalised Products.
In the case of personalised products, the determination of the delivery period begins when the personalised product is ready and correct for shipment to the Customer. Therefore, those products that suffer delays because they were not initially ready or correct for production when they were received, and have required, on the part of the Client, a request for subsequent correction, will not be considered to be outside the delivery period. If you require further information in this respect, please send an e-mail to info@avasan.fashion.
5. WARRANTIES AND RESERVATIONS
5.1 avasan.fashion declares and guarantees that it can sell its own products and those of third parties through its website www.avasan.fashion and that it is in possession of sufficient means (both in terms of technical equipment and the availability of services) for the complete sales process.
5.2 avasan.fashion does not guarantee the results that may be obtained from the use of its products, nor the full reliability or absence of errors in them.
5.3 avasan.fashion makes every effort to ensure that the information appearing on its web pages or documents is correct, but cannot guarantee the accuracy of the descriptions.
5.4 Any impairment of the functionality of the goods, due to the limitations of their design, location or installation, is also excluded from the coverage of this guarantee.
5.5 The products have a guarantee, any guarantee offered both by avasan.fashion and by the manufacturer of the product will cease to be effective if the avasan.fashion staff verifies the manipulation by the client of the characteristics of the product, its disassembly or in the case of having them, the loss of integrity or breakage of the security seals provided for this purpose.
5.6 In any case avasan.fashion reserves the right not to accept the return of a product depending on the state in which it is returned.
5.7 The risks regarding the integrity of the products are transferred to the Client from the moment of delivery.
5.8 avasan.fashion guarantees that the information transactions carried out through the forms on its order pages are totally secure within the current technological framework. In the purchase forms, all operations involving the transmission of personal data are carried out using a secure environment.
5.9 Copyright
avasan.fashion respects copyrights and will terminate the Customer status of persons who infringe such copyrights.
If you believe that your work has been copied and published in the Products and/or Services offered on this site in a way that constitutes copyright infringement, you should notify the copyright infringement claim to the following address: Calle Cuesta La Rosa 6A, 11630 Arcos de la Frontera (Cádiz) with the following information:
A description of the copyrighted work that you claim has been infringed.
A description of the location on the Service and/or Product of the material that you claim is infringing.
Your address, telephone number and email address.
A written statement by you that your use of such material is not authorised by the copyright owner, or its agent.
6. RETURNS
Returns address: Matthias B. Franze, Calle Cuesta La Rosa 6A, 11630 Arcos de la Frontera (Cádiz).
6.1 The Customer has a period of 14 calendar days from the date of delivery of the order to return it. Shipping and collection costs in the event of return shall be borne by the Customer.
6.1.1 avasan.fashion shall provide its customers with the legally required guarantees for its Products, and shall therefore repeat the order in the event of a defect in the quality of reproduction or finish. If your order arrives with a manufacturing defect, you must let us know by sending an e-mail to info@avasan.fashion within 14 calendar days from the date of receipt and we will make it again to make it perfect.
6.2 Likewise, by accepting these General Conditions of Purchase, the Customer is informed of and accepts the following exclusions of products with the right to return:
6.2.1 If the product is not delivered in perfect condition and with its original packaging intact.
6.2.2 If the product has been delivered in blister packaging and the blister has been opened.
6.2.3 The product must not have been tampered with.
6.2.4 The product packaging may not be used as a postal package.
6.2.5 Depending on the condition of the returned product (incomplete, damaged, packaging in poor condition), the refund may be refused.
6.2.5 Articles offered in a special way when the discount on the normal price is indicated at the time of sale. These products will be specifically displayed and advertised as offers/liquidations... etc. and charged at the discounted price for such an event.
6.3 In general, returns will only be accepted if they have been previously authorised by avasan.fashion. Once authorised, you will be told how to do so and the conditions for the return to be accepted.
6.4 To make the exchange or return, the Client must send an e-mail to info@avasan.fashion indicating:
6.4.1 The invoice number.
6.4.2 Reason for the return, to help us improve our service. (Our customer service department has an after-sales service to solve any problem with our articles or shipments, through which we try to offer a fast and efficient service). You only have to send us the product with its original packaging, including everything received in perfect condition.
6.4.3 It is very important that the product(s) for exchange or return are returned perfectly packaged. In the event that the products are damaged due to improper packaging, we will not accept the return.
6.4.4 Your bank account number for the transfer of your money.
6.5 Once we have received the returned goods, we will check that they are in perfect condition and avasan.fashion will accept the return of the product and will proceed to refund the amount by bank transfer. Within a maximum period of 14 calendar days from receipt of the product at our facilities and once the condition of the product has been checked.
6.6 In case of exchange, if the amount of the new products is higher than the amount of the returned products, then you will only have to pay the difference, if the amount is lower, avasan.fashion will reimburse the difference by bank transfer.
6.7 avasan.fashion does not accept carriage forward shipments.
6.8 Only returns previously authorised by avasan.fashion will be accepted, provided that they comply with the return conditions expressed in this document.
After this time the Client will NOT be able to claim any amount for the return of the product or the request for an exchange of the same.
7. CANCELLATION AND WITHDRAWAL:
7.1 The Customer may request the cancellation of any order that has not yet been shipped. To cancel the order, the Customer must contact the customer service department by e-mail at info@avasan.fashion. If the order has already been shipped, the cancellation request will be considered as a withdrawal and must comply with the provisions of the "Right of withdrawal".
7.2 Article 68.1 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users establishes the existence of the Right of Withdrawal, the power of the consumer and user to cancel the contract concluded, notifying the other contracting party within the period established for the exercise of this right, without having to justify their decision and without penalty of any kind.
7.3 The consumer and user will have a period of fourteen calendar days to exercise the right of withdrawal, which will be calculated from receipt of the goods covered by the contract.
7.4 In order to exercise the right of withdrawal, the Customer must notify Matthias B. Franze of his decision to withdraw from the contract. Franze of his decision to withdraw from the contract by means of an unequivocal declaration, sent by post to Calle Cuesta La Rosa 6 A, E-11630, Arcos de la Frontera (Cádiz), or by e-mail to info@avasan.fashion. You may use the model withdrawal form below.
In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of the right of withdrawal is sent before the withdrawal period expires.
Model withdrawal form:
I hereby give you notice that I withdraw from my contract for the sale of the following goods or provision of the following service:
Ordered on:
Received on:
Customer's name:
Customer's address:
Customer's signature:
Date on which the Withdrawal Form is drawn up:
7.5 In the event of withdrawal by you, we will refund to you all payments received from you, including delivery charges without undue delay and in any event not later than 14 days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any costs as a result of the reimbursement.
7.6 If the product is already at the Customer's address at the time of withdrawal, the cost of returning the product will be borne by the Customer and will be returned within a period not exceeding 14 days from the sending of the withdrawal form.
7.7 The Customer shall be liable for any diminished value of the product resulting from handling other than what is necessary to establish the nature and characteristics of the product.
7.8 The right of withdrawal does not apply to contracts relating to products made to the Customer's specifications and/or personalised.
8. RESPONSIBILITIES
8.1 avasan.fashion is not responsible for what is exclusively attributable to the Customer.
8.2 avasan.fashion cannot guarantee the continuous availability and delivery times of the products offered on its website. The Client accepts to assume, within reasonable limits, delays and imperfections in the delivery service or in the availability of the product should these situations arise.
8.3 avasan.fashion shares the work of the sales and distribution process of its articles with other suppliers (manufacturers, handlers, packaging, management, storage, transport...etc.), so that if any problem or delay should occur in this process, avasan.fashion shall not be held responsible for it under any circumstances.
8.4 Therefore, with the acceptance of the present Conditions of Purchase, the Client expressly renounces to claim any responsibility, contractual or extra-contractual, damages and prejudices to avasan.fashion for possible problems, delays in delivery or cancellations of purchases if this should be the case.
8.5 avasan.fashion accepts no liability arising from the sale of its products, for loss or interruption of business, for failure to meet the Customer's expectations or for any other damage to the Customer or third parties.
8.6 The use that the Client makes of the products purchased is the exclusive responsibility of the Client, in such a way that avasan.fashion is not responsible in any way (neither direct nor subsidiary) for any direct or indirect damage that the Client may cause to himself or to third parties by such use.
8.7 The products purchased on avasan.fashion by the Client must not be used for immoral purposes or purposes that may harm the sensibilities of third parties (of a radical, violent, racist or xenophobic nature, defamatory or others that by their nature harm or discriminate against any person or group of persons, ethnicities, ideologies, sex, age, social or economic status). The use that any person makes of the products purchased on avasan.fashion must always be framed within the framework of legality. By means of this document, the Client expressly exempts avasan.fashion from any liability arising from the use of its products.
8.8 Under no circumstances will avasan.fashion, its managers, senior managers, administrators, shareholders, agents or employees be held responsible for any direct or indirect cause related to the use made by the Client of the product purchased.
9. COMMUNICATIONS
9.1 The Client is obliged to keep the e-mail address provided in the order always operative, active and updated for fluid communications with avasan.fashion, as it constitutes the preferred means of communication of avasan.fashion for the smooth and agile management of the sales management process.
9.2 If the Client wishes to change the e-mail address provided when making the purchase, he/she must do so by e-mail communication, complying with the security requirements demanded by avasan.fashion in order to verify the legitimacy of the request, so that communication between both parties is not interrupted at any time.
9.3 The Client shall be held responsible for any consequences that the lack of operability of his/her e-mail address or that the absence of communication for the updating of said data in our records may produce.
9.4 In the event that the Client is assigned individual registration and authentication data for legitimate access to the avasan.fashion web pages (such as user names, keys or passwords), the Client shall be solely responsible for their use, protection and maintenance of their confidentiality. The use of these identifiers and the communication of the same to third parties will take place under the sole responsibility of the Client, the latter being ultimately responsible for the purchases, communications or actions carried out using said data.
10. LEGAL INFORMATION
10.1 The Client declares to be over 18 years of age or, if applicable, to have the corresponding parental or legal guardian's permission to make purchases and payments through the avasan.fashion pages, and also declares to have sufficient legal capacity to do so.
10.2 The Client shall indemnify avasan.fashion for all costs that may arise in the event of being accused by the Client (or by third parties related to the Client as a result of the purchase), in any case for which the Client is not directly responsible, including the fees and expenses of avasan.fashion's lawyers, even when the judicial decision is not final.
10.3 In all matters not provided for in this document, as well as in the interpretation and resolution of conflicts that may arise between the parties as a result of this document, Spanish legislation will be applicable.
10.4 If any conflict or difference should arise between the buyer and seller in the interpretation and execution of this document, and it is not resolved by mutual agreement, it will be resolved at the request of either party and after written communication to the other, by means of arbitration.
10.5 All of the above shall be understood to be without prejudice to the possibility that the parties may submit to legal proceedings, in which case they shall be submitted to the jurisdiction and competence of the Courts and Tribunals that have the corresponding competence, the Client waiving its own jurisdiction in cases where the procedural rules allow it, if any other.