These General Terms and Conditions (hereinafter the “T&C“) regulate the download, access, navigation and use of the ALBERO FLAMINGO platform (hereinafter, the “Website“).
The data of ALBERO FLAMINGO are the following:
Company name: ALBERO FLAMINGO, S.L.
Address: Calle Huelva 9, Las Rozas, 28231 – Madrid
Contact email: [email protected]
1. Acceptance of the Terms and Conditions and access to the Platform
By using the services of the Platform, the user (hereinafter, the “User” or “Users“) accepts these Terms and Conditions, which define the rights and obligations of ALBERO FLAMINGO and the User regarding the contractual relationship that It is derived from the use of the products and services accessible through the Platform. These are the only Terms and Conditions applicable to the use of the Platform (without prejudice to the fact that for certain services there may be particular conditions) and to the contracting of orders through the Platform and they replace any other conditions.
This Platform has been developed by ALBERO FLAMINGO in order to offer Users the purchase of design products and accessories (hereinafter, the “Products“).
At the time of choosing the ALBERO FLAMINGO Products, the User must choose the corresponding model. The purpose of these general conditions is to regulate the sale of these Products to Users.
3. Information requested from the User
Users must indicate their data exactly, truthfully, current and complete, as requested in the section of the order form for a product / s of the Platform.Among other aspects, the User must indicate in this order form, their contact information (name, surname, delivery address of the Product, telephone, email, method of payment, etc.).
4. Use of the Platform
Users undertake to make lawful, diligent, honest and correct use of all information or content they have access through the Platform and all this under the principles of good faith and respecting at all times the current legislation and these Terms and Conditions.
Likewise, in order to proceed with the payment of the selected products and materialize their purchase, Users must be over 16 years of age and have sufficient legal capacity to sign this contract with ALBERO FLAMINGO, as well as provide the required information in the referred payment form.
ALBERO FLAMINGO reserves the right to unsubscribe those Users who are misusing their account, performing fraudulent acts or that harm or may harm ALBERO FLAMINGO.
In the event that ALBERO FLAMINGO detects any anomaly or there are well-founded reasons that a User is carrying out any fraudulent acts that contravene good faith and these Terms and Conditions, ALBERO FLAMINGO reserves the right to terminate said User, even to all those Users who have benefited directly or indirectly from this type of action, also being able to exercise all the legal actions that may correspond.
In this sense, ALBERO FLAMINGO declares that it has enabled the appropriate mechanisms to detect any possible fraudulent, anomalous or malicious action that seeks to alter the general conditions of use of the account by Users.
ALBERO FLAMINGO reserves the right not to grant an account when it has reasonable and well-founded reasons to believe that a User has violated these Terms and Conditions.
6. Orders and conditions of sale.
ALBERO FLAMINGO places international orders throughout Europe, the Spanish mainland, Ceuta, Melilla, the Balearic Islands and the Canary Islands.
For its part, ALBERO FLAMINGO will inform the User that all costs and expenses (transport costs, duties / taxes, etc.) that may be incurred as a result of the international order will be borne by the User himself, exempting ALBERO FLAMINGO of the payment or payment of any cost related to this concept.
To make a purchase, Users must complete the order form of the platform.
As a general rule, ALBERO FLAMINGO will not intentionally put more units up for sale than it has available.
However, situations may arise in which a User proceeds to purchase a number of items that, at that time, are not physically in ALBERO FLAMINGO’s stock and that, therefore, cannot be delivered to the User in a manner immediate.
In these cases, ALBERO FLAMINGO will inform the User of the unavailability of the quantity of products requested and that, for that reason, the receipt of the items could be delayed, specifying the approximate date of delivery and allowing the User, in all In this case, proceed to replace the requested items with others of similar characteristics, or to cancel the order if required, proceeding to reimburse the amounts paid as soon as possible.
7. Prices and payment method.
All the prices of the Products that are indicated through the Platform are expressed in Euros and include VAT and other taxes that may correspond.
Regarding the form of payment, the User may pay the amount corresponding to his order through the following means of payment:
In any of the options chosen by the User, ALBERO FLAMINGO will always send an email to the User confirming the details of the purchase made and the corresponding invoice or proof once the order has been formalized, that is, after acceptance of these Terms and Conditions and the corresponding payment.
In this sense, users are informed that ALBERO FLAMINGO is responsible, as the owner of this Platform, for the transactions carried out in it by Users in relation to the purchase of as many products as selected from those available in the product catalog, and guarantees Users that the payment process is carried out with absolute security, in accordance with the required security protocols and services, by entering the payment data on a secure page.
The User must notify ALBERO FLAMINGO of any undue or fraudulent charge on the card used for purchases, by sending an email to the email address [email protected] in the shortest possible time so that ALBERO FLAMINGO can take the appropriate steps in relation to the specific matter.
Shipping costs are estimates, and will depend on the weight of the package and the place of delivery. (Please see “Shipping and Returns” for further information).
Notwithstanding the foregoing, and in the event that for any circumstance the shipment could involve an extra cost that was not reflected in the previously attached table, ALBERO FLAMINGO will inform the user of the information and the reasons that have caused this extra cost, as well such as estimated delivery times.
8. Information about ALBERO FLAMINGO Products and services
The data included in the Platform in the descriptions of the Products have a purely informative function.
Therefore, ALBERO FLAMINGO declines any responsibility for the appearance of errors in said information, although it undertakes to take all measures within its power to correct the aforementioned errors or omissions as soon as possible after having been informed of them.
9. Deadlines, place of delivery and loss
9.1. Product delivery
ALBERO FLAMINGO undertakes to deliver the Product in perfect condition to the address indicated by the User. In order to optimize delivery, the User must indicate an address where the order can be delivered within normal business hours.
However, ALBERO FLAMINGO will not be responsible for errors caused in the delivery of the order when the delivery address entered by the User in the order form is imprecise, does not conform to reality, is false or has been omitted.
Notwithstanding the foregoing, ALBERO FLAMINGO undertakes to adopt those measures that are within its reach, so that the delivery of the orders can be carried out in the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.
9.2. Delivery and notification period
The User will receive the Product that he has acquired through the Platform within an approximate period of:
2-3 business days from when ALBERO FLAMINGO confirms receipt of payment for the order, when delivery is made within the Spanish mainland.
2-4 business days from when ALBERO FLAMINGO confirms receipt of the order payment, when delivery is made to the Balearic Islands, the Canary Islands, Ceuta and Melilla.
For cases in which delivery is made outside of Spanish territory, ALBERO FLAMINGO will communicate in the response email to the User all the relevant information related to the specific order, including the approximate deadline for receiving the order at the delivery address, through a monitoring mechanism.
Notwithstanding the foregoing, Users are informed that the stipulated delivery dates will be estimated or approximate.
The User must take into account that on certain dates and periods of the year the delivery time of shipments (such as, for example, the Christmas season, Black Friday, etc.) could be affected by the saturation of the means of transport . Therefore, it is recommended to reserve and/or acquire the articles of interest, well in advance so that they arrive at their destination on the dates desired by the User.
ALBERO FLAMINGO informs you that it will not make deliveries on Saturdays and Sundays or national or community holidays, or on those days that coincide with local holidays that could affect related transport activities.
In the event that the User could not be located at his address, ALBERO FLAMINGO messaging will leave a notice indicating where the order is located and how to proceed with its collection.
9.3. Diligence in delivery
The User must check the good condition of the package with the carrier that delivers the requested Product.
If the User detects any anomaly in the Product, he must indicate it on the delivery note and in turn notify ALBERO FLAMINGO by email at the following email address: [email protected]
10.- Changes, returns and right of withdrawal
In the case of the products offered on this Platform of. ALBERO FLAMINGO (fashion, innovative products, etc.), the right of withdrawal will not apply, and this in accordance with article 103 – “Exceptions to the right of withdrawal” – section e), of the Law for the Defense of Consumers and Users, which establishes the following:
“The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.“
Notwithstanding the foregoing, and in the event that the User has ordered a specific product and has received a different one for reasons attributable to ALBERO FLAMINGO, provided that it has not been unsealed, the User will have a period of 14 calendar days to do so. changes or returns, exercising their right of withdrawal, from the date of material acquisition of the product, without any penalty and ALBERO FLAMINGO taking charge of the cost derived from the exercise of withdrawal by the User, in accordance with article 73 of the Consumer Law and Users.
To formalize the exchange or return, the User must complete and send the withdrawal form to the email address [email protected] found at the end of these Terms and Conditions, detailing with a brief description the cause that has motivated the return of the product or products by the User.
Once this communication has been received, ALBERO FLAMINGO will communicate your request number and the way to proceed to make the exchange or return of the product.
Each product to be returned must be in perfect condition, unused and with all its labels, packaging and, where appropriate, documentation and original accessory elements that were included with it.
Once the product is received, ALBERO FLAMINGO will proceed to reimburse the amounts paid by the User that correspond for that product as soon as possible and, in any case, within fourteen (14) days following receipt of the product at ALBERO FLAMINGO.
On the other hand, and in accordance with article 108.1 of the Law on Consumers and Users, the User must return the product or products to ALBERO FLAMINGO “without any undue delay and, in any case, no later than within 14 days. natural from the date on which you communicate your decision to withdraw from the contract ”, as well as you must assume all those direct costs corresponding to the collection of the order subject to return, unless ALBERO FLAMINGO has agreed to bear these costs.
ALBERO FLAMINGO does not grant any guarantee nor is it liable, in any case, for damages of any kind that may arise from accessing or using the content or the Platform. Among others, and by way of example and not limitation, ALBERO FLAMINGO is not responsible for the following circumstances:
– Of the loss, damage, retention or delay in the delivery of the order due to fortuitous causes, force majeure or acts attributable to the User;
– The lack of availability, maintenance and effective operation of the Platform and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack availability or continuity of the operation of the Platform, such as, for example, errors or delays in accessing the Platform by the User when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise and that is beyond the good faith of ALBERO FLAMINGO;
– Of the lack of usefulness of the Platform or the contents for any service;Of the content of other websites to which links or links inserted in the ALBERO FLAMINGO Platform may be directed;
– The existence of viruses, malicious or harmful programs on the Platform; and
– Of the illicit, negligent, fraudulent use, contrary to these Terms and Conditions or to good faith, of the Platform or its contents, by Users, including any infringement of the intellectual and/or industrial property rights of ALBERO FLAMINGO or from third parties.
In any case, ALBERO FLAMINGO undertakes to solve the problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident.
12.- Intellectual property
All rights to the content of this Platform and, especially, but not limited to, all rights to photographs, images, texts, logos, designs, trademarks, trade names, data that are included in the Platform and any Other intellectual and industrial property rights are owned by ALBERO FLAMINGO, or third parties who have expressly authorized ALBERO FLAMINGO to use them on its Platform.
For this reason and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the matter, as well As in Law 17/2001, of December 7, on Trademarks and complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including the method of making them available, is expressly prohibited. , of all or part of the contents of the Platform, in any support and by any technical means, unless expressly authorized in writing by ALBERO FLAMINGO.
ALBERO FLAMINGO does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Platform, and in no case will it be understood that the access and navigation of the Users implies a waiver, transmission, license or total or partial assignment of said rights by ALBERO FLAMINGO.
Any use of these contents not previously authorized by ALBERO FLAMINGO will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
13.- Personal data protection
ALBERO FLAMINGO undertakes to treat the personal data of its Users in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons Regarding the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).
In this sense, Users are informed that, in terms of privacy and protection of their personal data, they can exercise the following rights:
1. Access your personal data;
2. request the rectification of any inaccurate data;request the deletion of your data;
3. request that the processing of your data be limited;
4. oppose the processing of your data;exercise your right to be forgotten; and
5. request the portability of your data. Likewise, Users will have the right not to be the subject of decisions based solely on automated data processing.
The User can exercise all these rights at the following email address: [email protected] indicating the reason for their request and providing a copy of their D.N.I./ID
The entry into force of the modifications of the terms and conditions will occur from the moment of their publication on this Platform.
15.- Nullity and effectiveness of the clauses
If any clause included in these Terms and Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, the rest of the clauses subsisting, having such a clause, or the part of it that is affected, by not being placed.
16.- Right of exclusion
ALBERO FLAMINGO reserves the right to deny or withdraw access to the portal and / or the services offered without prior notice, at its own request or by a third party, to those Users who breach these Terms and Conditions.
17.- Applicable law and jurisdiction
These Terms and Conditions are subject to Spanish law. The parties, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the User’s place of residence.
On the other hand, we inform the User that he can access the online dispute resolution platform of the European Union by following this link:https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
HOW TO USE THE WITHDRAWAL FORM?
If you wish to withdraw from this contract, you must indicate your reasons and return the Product to us within 14 calendar days from receipt of your order.
In case the Product is sent to us after the established deadline, ALBERO FLAMINGO reserves the right to reject the package.
Next, we indicate you how to exercise the right of withdrawal:
1. Tell us your intention to return the Product through the form that you will find on the next page. The form must be correctly completed and must be sent to the following address:
ALBERO FLAMINGO, S.L.
Calle Huelva 9, Las Rozas, 28231 – Madrid
E-mail: [email protected]
2. Upon receipt of the withdrawal form that you have sent us to the aforementioned address, we will send you the email that provides us with the necessary information so that you can return the Product purchased.
3. Once you receive these documents, the ALBERO FLAMINGO customer service team will contact you to indicate your incident number and the way to proceed to make the return.
4. Once we have received your package in our warehouses, your refund will be made and confirmed by an email that will collect all the information related to the transaction.
For further information, we recommend that you consult the Terms and Conditions on our website where the general conditions of sale of our Products are detailed.
For the attention of the customer service department of ALBERO FLAMINGO, S.L., Calle Huelva 9, Las Rozas, 28231 – Madrid
E-mail: [email protected]
I hereby inform you that I am withdrawing from my sales contract for the following Product:
[Provide a brief description of the Product]
-Order on / received on:
[indicate contract date / order receipt date]
Signature of the User (only if this form is submitted on paper):
Conditions Limited warranty
Our products have a 10-year warranty from the date of purchase, provided that the product is used under normal conditions and for its intended purpose. Try not to overload your bag or save items that shouldn’t go there (like throwing stars, legos or bananas). If you put more things in a bag than recommended, the piece can stretch excessively, lose its original shape and seams, and other accessories can be damaged. This warranty covers failures in material* and / or workmanship, but does not cover damage resulting from improper use of the product, its natural wear and tear, or if you change your mind. For the warranty to be valid, the product must have been purchased through the FUKUROSHIKI website or from one of our authorized resellers, and you must provide proof of purchase. The FUKUROSHIKI warranty operates in parallel with applicable consumer protection law.
*Our metal bridge is a decorative piece and should be treated as such. Our suppliers have worn us that overloading this hardware with more pressure than intended can result in the damaging of such hardware. This disclaimer is informing that if not properly used, the warranty will not come into effect. Nevertheless, we are constantly working in the improvement of our materials and hardware. Future models will be better, and stronger.
1. Limited warranty
This warranty extends only to products provided with the FUKUROSHIKI brand (hereinafter referred to as ‘Product’) sold by FUKUROSHIKI S.L. (hereinafter referred to as ‘FUKUROSHIKI’) within Europe. The warranty exclusively concerns the party (hereinafter referred to as ‘Buyer’) that purchases the products from FUKUROSHIKI directly.FUKUROSHIKI warrants that every Product be free of defects in material and production errors. The above warranty is valid for the period as mentioned in the applicable warranty agreement for the Products mentioned in your sales agreement. When a Product does not function conform this warranty, FUKUROSHIKI will provide a free replacement of the defective product with due observance to the applicable warranty policy and the conditions of the limited warranty as described below.
FUKUROSHIKI’s warranty applies only to the Buyer. If a Product under warranty is returned by Buyer in compliance with section 3 and within the applicable warranty period as described in the warranty agreement and after investigation FUKUROSHIKI decides with certainty that Product does not fulfill these requirements, FUKUROSHIKI will, at its choice, repair or replace the Product or its defective part, or refund the purchase price to the Buyer.For the sake of clarity, ‘repair or replace the Product or its defective part’ does not include removal- or installation work, costs or expenses which include but are not limited to labor costs or expenses. If FUKUROSHIKI decides to replace the product and this is not possible as it is no longer in production or available, FUKUROSHIKI can refund the Buyer or replace the Product with a comparable product (with possible minor deviations in design and product specifications).No agent, distributor, or dealer is authorized to modify, adapt, or extend these warranty conditions.This warranty only applies if the Product is used according to the documents provided with the Product. If a Product is deemed to be faulty, or does not function in correspondence to the product specifications, the Buyer must inform FUKUROSHIKI in writing. FUKUROSHIKI will facilitate the technical solution of problems. Third party products sold by FUKUROSHIKI are not covered by this warranty, except where indicated in point 5.This warranty does not apply to damage or breach of contract as a consequence of force majeure or abuse, incorrect use, abnormal use, or use in violation of an applicable standard, code, or user instructions, which include but are not limited to, as set out in the most recent security industry- and/or manufacturing standards for the region(s) concerned.This warranty is void if any person has performed or applied repairs or adjustments to the Product, which FUKUROSHIKI has not duly authorized in writing. The production date of the Product needs to be clearly legible. FUKUROSHIKI retains the right to take the final decision regarding the validity of a repair claim.If requested by FUKUROSHIKI, non-compliant or defective Products become property of FUKUROSHIKI after replacement.
3. Warranty claims
All mentioned warranty periods are under the condition of access to the Product or system by a FUKUROSHIKI representative to verify possible non-conformance. Claims under warranty must be reported and returned to FUKUROSHIKI’s logistic center within 30 days from the date of detection, as mentioned in the return form which can be found on the website www.FUKUROSHIKI.com, and need to specify at least the following information (additional information can be requested):Details of the defective Products; and warranty also details of other used components;Received date, invoice date;Detailed problem description, number and %, date and code of defectsPhotos (and videos if possible) of defective product.When a warranty claim is justified, FUKUROSHIKI will pay for shipping expenses. FUKUROSHIKI can charge Client for returned Products that are not found to be defective or non-conforming, in addition to shipping-, test-, and handling costs associated therewith.
4. No implied or other warranties
The warranties and remedies included in this warranty contain the only warranty given by FUKUROSHIKI with regard to the Products and are in lieu of all other warranties, expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, which warranties are hereby rejected.If FUKUROSHIKI has repaired or replaced a Product no new warranty period will commence, but the remainder of the original warranty period will continue to apply.These conditions set out FUKUROSHIKI’s entire liability and obligation to Buyer and the sole and exclusive remedy of Buyer related to defective or non-conforming Products delivered to Buyer by FUKUROSHIKI, regardless whether this damage is based on a warranty not explicitly mentioned in these conditions, tort, contract, or other legal theory, even if FUKUROSHIKI has been advised or is aware of these defects.
5. Limitations and conditions
This is a limited warranty, which excludes, among others: installation, provide access to products (scaffolding, elevators, etc.) and special, incidental, and consequential damage (such as loss of revenue/profits, damage to property or other costs not previously mentioned), and is further defined by the limitations and conditions set out in the relevant warranty agreement and these conditions. FUKUROSHIKI representatives will be granted access to the defective Product and packaging to verify possible non-conformance. FUKUROSHIKI shall not be liable for caring conditions, which include non-official part replacement, wrongful cleaning or weather exposure, and abusive usage that exceed indicated product limits and limits as defined in the relevant delivery tags. FUKUROSHIKI shall not be liable for expenses (whether or not by or of third parties) which have been made by Buyer without having notified FUKUROSHIKI of the defective Products and without FUKUROSHIKI’s written permission to make expenses.For products FUKUROSHIKI sells to Buyer, but are not provided with FUKUROSHIKI’s name or sub-brands, FUKUROSHIKI does not provide any expressed or implied warranty, including but not limited to the warranty of merchantability or fitness for a particular purpose; FUKUROSHIKI will however provide the Buyer with the warranties of the manufacturer of the relevant product if requested, but only to the extent permitted by law and relevant agreements.