1. INTRODUCTION
This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of items through such website, regardless of the technological means through which it is accessed (hereinafter, the “Terms").
Please read through these Terms prior to using this website. By using this website or placing an order through it, you are consenting to be bound by these Terms. If you do not agree to all of the Terms, do not use this website.
These Terms may be amended. It is your responsibility to regularly read through them, as the Terms in force at the time that your use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
The Contract (as defined below) can be executed in any of the languages in which these Terms are available.
2. OUR DETAILS
Sale of goods through this website is carried out under the STRADIVARIUS name by Fashion Retail, S.A. a Spanish company with registered office at Avda. Do la Diputacion, Edificio Inditex, 1514 Arteixo, A Coruna, Spain, registered with the Companies Register of A Coruna on Volume 3.425 General Section, Sheet 49, Page C-47.731.1st entry, with VAT No IE2986252CH. You may contact our customer service department by using the contact form on our website, or by sending an email to contact@stradivarius.com, or by calling our freephone number 1800 553425 .
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us with shall be processed pursuant to the Privacy Statement. By using this website you are consenting to the electronic processing and storage of such information and details and you represent that all information or details you have provided us with are true and accurate.
4. USE OF OUR WEBSITE
You agree that, by placing your order, you unreservedly accept these Terms, having read and understood them. These Terms are important for both you and us as they have been designed to protect your rights as a valued customer and to protect our rights as a business, and to create a legally binding agreement between us.
By using this website and/or by placing any order through it, you agree that:
(a) You will only use the website exclusively to make legitimate enquiries or orders.
(b) You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
(c) You will provide correct and accurate e-mail, postal and/or other contact details to us. Likewise you consent to our use of such information to contact you in the event that this should prove necessary (see our Privacy Statement).
If you do not give us all of the information that we need, we may not be able to complete your order.
By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
5. SERVICE AVAILABILITY
The items we offer on this website are only available for delivery to the Republic of Ireland.
6. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more items from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the item has been dispatched (the “Dispatch Confirmation”). The contract for the purchase of a item between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those items whose dispatch we have confirmed in the Dispatch Confirmation. We will not be bound to supply any other items which may have been part of your order until the dispatch of such items has been confirmed in a separate Dispatch Confirmation.
7. AVAILABILITY OF ITEMS
All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order such substitute items, we will refund any monies that you might have paid.
8. REFUSAL OF ORDER
We reserve the right to withdraw any item from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any item from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the Order Confirmation.
9. DELIVERY
Subject to the provisions of Clause 7 above, and unless there are any exceptional circumstances, we will endeavour to fulfill your order for item(s) listed in the Dispatch Confirmation by the delivery date set out in the Dispatch Confirmation or, if no estimated delivery date is specified, then this will be in the estimated timeframe indicated when selecting the delivery method, and will in any case be within within 30 days of the date of the Order Confirmation.
Reasons for delay could include:
If for some reason we are unable to deliver on this date we will inform you of this situation and give you the option to continue with the purchase with a new delivery date or alternatively cancelling the order and reimbursing you with the full amount paid. Please remember that we do not deliver on Saturdays or Sundays.
For the purposes of these Terms, the "delivery" shall be deemed to have taken place or that the order has been delivered at the time that receipt of the order is signed for at the agreed delivery address.
10. UNABLE TO DELIVER
If we are unable to deliver the goods after two attempts, we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day.
11. RISK AND TITLE
The Items will be at your risk from the time of delivery.
Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in clause 9 above), whichever is the later.
12. PRICE AND PAYMENT
The price of the items shall be the one quoted from time to time on our website, except where there is an obvious error. Whilst we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any item(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the item(s) you will receive a full refund.
We are under no obligation to sell the item(s) to you at the incorrect (lower) price (even after we have sent you a Dispatch Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as such.
The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our summary of shipping costs.
Prices may change at any time but (except as set out above) any potential change will not affect any order in respect of which we have already sent you a Dispatch Confirmation.
Once you have finished shopping, all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:
(a) Click the "Shopping bag" button at the top of the page.
(b) Click the "See bag" button.
(c) Click the "Process order" button.
(d) Fill in or check your contact details, the details of your order, the delivery address and the invoicing address.
(e) Enter the details of your card.
(f) Click on "Authorise payment"
You can pay using Visa, Mastercard, American Express and PayPal. To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. The charge to your card will be made the moment your order leaves our warehouse.
If your form of payment is Paypal, the charge will be made the moment we confirm the order.
If you click on "Authorise Payment" you are confirming that the card belongs to you.
We use standard technical means to ensure payment is made safely.
Cards are subject to validation checks and authorisation by your Card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery and we will not be able to form any Contract with you.
13. BUYING GOODS AS A GUEST
The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.
14. VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases made through the website are subject to Value Added Tax (VAT), except for those to be supplied directly to customers in the Canary Islands, Ceuta and Melilla.
In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.
Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the "reverse charge" (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure.
As regards orders to be supplied in the Canary Islands and Ceuta and Melilla, they would be VAT exempt as provided under article 146 of the above referred Directive, subject to the application of the relevant taxes and custom duties pursuant to the prevailing rules and regulations.
15. EXCHANGES/RETURNS POLICY
15.1 Right to cancel under the European Union (Consumer Information Cancellation and other Rights) Regulations 2013
If you are contracting as a consumer, you have the right to cancel the Contract (except where the subject matter of such Contract is any of the items in respect of which the cancellation right is exempted, as listed in Clause 14.3 below) at any time within 14 days, without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party nominated by you (other than the carrier) acquires, physical possession of the item or, in the case of a contract relating to multiple items ordered by you in one order and delivered separately, the cancellation period will expire 14 days from the day in which you acquire, or a third party nominated by you (other than the carrier) acquires physical possession of the last of the items.
To exercise the right to cancel, you must inform us of your decision to cancel the contract before the expiry of the cancellation period stated above. In order to do this, you can either use the cancellation form, the format of which is given in the Annex at the end of these terms, or you can make an unequivocal statement to us, setting out your decision to cancel this contract, and either of these methods can be given by post to Stradivarius at the address [Poligono Industrial Berenguer II, 08650 Sallent, Barcelona ], Spain, or by sending an email to contact@stradivarius.com or by using the contact form on our website, or you can telephone us on the freephone number 1800 553425 to inform us of your decision to cancel this contract by an unequivocal statement (eg a letter sent by post, fax or email) You may use the attached cancellation form as set out in the Annex, but it is not obligatory. Your communication must be sent before the cancellation period expires.
15.2 Effects of cancellation
If you cancel this contract, we will reimburse all payments received from you, including the costs of the original delivery to you (with the exception of any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). This reimbursement will take place without undue delay and in any event not later than 14 days from the day on which you informed us of your decision to cancel this contract. We will carry out this reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as a result of this reimbursement. Please note that we may withhold reimbursement until we have received the items back or you have supplied evidence to us of having sent back the items, whichever is the earlier.
You must take reasonable care of the items, and not use them prior to returning them back to us. You are liable for any diminished value of the items resulting from the handling of the items beyond that necessary to establish their nature, characteristics and functioning.
You must hand the items over to us at any Stradivarius store in the Republic of Ireland or send them back to us using a Courier arranged by us, or by sending them to the address [ [Poligono Industrial Berenguer II, 08650 Sallent, Barcelona ] Spain, in each case without undue delay and in any event we must receive them not later than 14 days from the day on which you communicated to us your cancellation of the contract. The deadline is met if you return the items before the period of 14 days has expired.
You will bear the direct cost of returning the items to us unless you hand the goods over in a Stradivarius store in Ireland or you return the goods by Courier arranged by us.
You will find a summary of how to exercise this cancellation right when you receive the order.
15.2 Contractual right to return the items
In addition to the statutory right as a consumer to cancel the contract referred to in Clause 15.1 above, we grant you a period of 30 days from the date of the Dispatch Confirmation to return items (except for those referred to in Clause 15.3 below, regarding which the right to return is excluded).
If you return the items within the contractual term of 30 days, but after the statutory cancellation period has expired, you will be reimbursed with the amount paid for the returned items only, (ie delivery and other costs will not be reimbursed). You will be responsible for the direct costs of returning the item if the return is not carried out in a Stradivarius store in the Republic of Ireland, or by a courier arranged by us.
You may exercise your right of cancellation in accordance with the provisions of Clause 15.1 above, however, if you inform us about your intention of cancelling the contract after the statutory term for cancellation, you must, in any case, hand the items over to us within the 30 day term as from the date of the Dispatch Confirmation.
15.3 Common provisions: returning items
You may not cancel the Contract whose subject matter is the supply of any of the following items:
Your contractual right to return any other items applies only to items which are returned in the same condition as you received them. Please return any item using or including its original wrapping. You should also include with the item being returned all original boxes, labels, instructions/documents and wrapping.. No refund will be made if the item has been used more than just opening it, or if it is not in the same condition as when it was delivered, or if they have been damaged. Therefore, you should take reasonable care of the item while it is in your possession.
Exchange is limited to exchange for the same item, of a different size or colour.
Upon cancellation, you can return your item using either of the following methods:
a) Returns at any STRADIVARIUS store
You may return any item at any STRADIVARIUS store in the country where your item was delivered. You can go to that store, and present the item for return together with the e-ticket that was attached to the Shipping Confirmation, which is also saved under your account on our website, and on the STRADIVARIUS mobile app. You can present the e-ticket either by showing it in digital form on your mobile phone, or by bringing to the store a print-out of the e-ticket.
b) Returns by Courier
You may return the item by Courier arranged by us. In order to do this, you should contact us through the contact form on our website, or by email at contact@stradivarius.com, or by calling freephone 1800 553425, to arrange for the item to be collected at your home. You should return the item in the same packaging that you received it, and by following the directions on the “RETURNS” section of this website
Neither of the two above options will entail any additional cost to you.
If you do not wish to use either of the free return methods available, then you will be responsible for the return costs. Please bear in mind that if you wish to return the goods to us "cash on delivery", we will be authorised to charge you any costs we may incur in such return.
We will fully examine the returned item and will inform you of whether you have the right to reimbursement of the amounts paid. Delivery costs will be reimbursed only when the right of cancellation is exercised in accordance with clause 15.1 of these Terms, and when all the items which the relevant parcel consisted of are returned. We will process your refund as soon as possible and in any case, within 14 days of you giving us notice of cancellation. Nothwithstanding this, we may withhold the refund until we have received all the items back, or until you have supplied sufficient evidence of having sent back the items, whichever is the earlier. We will refund any money received from you for the returned item by using the same payment method that you used to make the purchase.
If you have any questions, please contact us through our web form or by telephone at 1 800 55 34 25.
The provisions of this clause shall not apply if you buy goods as a guest.
15.4 Returns of defective items
If you are acting as a consumer, we are under a legal duty to supply items that are in conformity with this Contract. As a consumer, you have legal rights in relation to items that are faulty or not as described.
In circumstances where you consider that the item does not conform to the Contract at the time of delivery, you should promptly contact us via the contact form on our website, or via the email address contact@stradivarius.com, with details of the item and its damage. Alternatively you can contact us by telephone at 1 800 55 34 25.
You may return the item to us at any STRADIVARIUS store in the country where your item was delivered or by handing it to the Courier arranged by us. We are entitled to ask for proof of purchase, which could be a copy of the e-ticket attached to the Shipping Confirmation. Neither of these options shall oblige you to bear any costs.
Upon receipt of the returned item, we will fully examine it and notify you of your right to a replacement or refund (if any) via e-mail or telephone, within a reasonable period of time. The refund or replacement will take place as soon as possible and, in any case, within 14 days of the day we confirmed to you that you are entitled to a refund or replacement for the defective item.
Defective items will be refunded in full, including a refund of the delivery costs incurred by you in receiving the item. We will always refund any money using the method used to make payment.
This provision does not affect your statutory rights under the regulations in force.
16. LIABILITY AND DISCLAIMERS
Unless otherwise expressly stated in these Terms, our liability in connection with any item purchased through our web site is strictly limited to the purchase price of that item.
Notwithstanding the above, nothing in these Terms shall exclude or limit in any way our liability:
1. For death or personal injury caused by our negligence;
2. For fraud or fraudulent misrepresentation; or
3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for the following, regardless of their origin:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data; and
(vi) waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All item descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this clause will affect your statutory rights as a consumer and/or user, or your right to withdraw from the Contract.
17. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
18. VIRUSES , HACKING AND OTHER CYBERCRIMES
You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.
By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately
We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.
19. LINKS FROM OUR WEBSITE
We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
20. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21. NOTICES
All notices given by you to us should be given to us preferably via our web form. Subject to and as otherwise specified in clause 19 above, we may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
22. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
23. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
24. WAIVER
If we fail, at any time during the term of a Contract, to require performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the paragraph on Notices above.
25. SEVERABILITY
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
26. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Both you and us acknowledge that, in entering into this Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
27. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies, Terms in force at the time that you order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case it will apply to orders previously placed by you.
28. LAW AND JURISDICTION
Contracts for the purchase of items through our site will be governed by Irish law.
29. FEEDBACK
We welcome your comments and feedback. Please send all feedback and comments to us via our web form any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Irish courts.
If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
If you as a buyer consider your rights have been breached, you can address your complaints to us via the email address contact@stradivarius.com in order to seek an out-of-court settlement.
In this regard, if the purchase from us was concluded online through our website, we, in line with EU Regulation No. 524/2013, hereby inform you that you are entitled to seek to settle the consumer dispute with us out-of court, through the platform for the online dispute resolution accessible through the Internet address http://ec.europa.eu/consumers/odr/.
Last updated on 10th March 2017.
ANNEX
Model cancellation form
(complete and return this form only if you wish to cancel the contract)
To Fashion Retail, S.A., operating under the trading name STRADIVARIUS, Polígono industrial INDITEX.Camino de Tordera a Palafolls S/N. Km.0.6 08490 Tordera. (Barcelona) FAX: 0034 938378227, email address: contact@stradivarius.com
I hereby give notice that I cancel my contract of sale of the following products:
[customer to insert description of products]
Ordered on/received on (*)
Name of consumer
Address of consumer
Signature of consumer (only if this form is notified on paper)
Date
(*) Delete as appropriate
Standard home delivery for this order is FREE.
You require x to receive free standard shipping