1. CONTRACT PARTIES
1.1. The sale of articles through this website is carried out under the name “ICISUN” by NOVA FACTORIA WEB, S.L. (“ICISUN” or “We”) with registered office at Carrer Tuset nº 5 5º, Barcelona (08006) Spain, and email address email@example.com.
1.2. The purchaser of the Products is the person who purchases Products from ICISUN and pays for them (“CUSTOMER” or “You”).
2. TERMS AND CONDITIONS OF SALE
2.1. This Contract regulates the commercial relationship between the CUSTOMER and ICISUN with respect to the acquisition of the products that the CUSTOMER is interested in purchasing. These terms and conditions regulate and are applicable to all sales made via the website www.icisun.com (“the Website”) or through websites where ICISUN sells its products.
2.2. The use by THE CUSTOMER of the purchase services of ICISUN , is deemed in any event to amount to acceptance of these General Conditions of Sale in full and without reservation in the version published at the time of the transaction. Consequently, THE CUSTOMER is advised to carefully read these General Conditions of Sale before making a purchase.
2.3.THE CUSTOMER declares that THE CUSTOMER is of full age and has the mental capacity to accept and be bound by these Terms and Conditions.
2.4. ICISUN reserves the right at any time unilaterally to change, modify or delete the commercial offering on the Website, which may affect prices, promotions, Products and commercial offers. Any such modifications will not affect any contract already made, in the sense of contracts that have been confirmed by ICISUN .
3. NUESTROS PRODUCTOS
3.1. ICISUN is engaged in the business of the sale of awnings, fabrics, sails and sun protection products (“Products”).nta de toldos, lonas, velas y productos para la protección solar (en adelante, “los Productos”).
4. PRECIOS Y GASTOS
4.1. The prices on the website include VAT but exclude shipping costs which will be added to the total amount before finalising the order.
4.2. Product prices may be subject to change. Any changes will not affect orders for which we have already sent an Order Confirmation.
4.3. In accordance with the VAT Act (Law 37/1992), delivery of the Products shall be deemed to take place in the territory of Spain if the delivery address is in the territory of Spain except the Canary Islands, and shall be deemed to be made in the territory in which the delivery address is located if the Customer’s address is outside the territory in which VAT is chargeable. The applicable rate of VAT will the rate in force from time to time for each Product.
4.4. In orders for delivery to the Canary Islands, deliveries will be exempt from VAT, but may be subject to other taxes and duties in accordance with the law that applies from time to time in each of those territories.
4.5. The Website is not affiliated with any entity participating in the Tax Free Service. Nevertheless, all travellers residing in non-EU countries who make purchases through the Website are entitled to a refund of the VAT charged.
4.6. The CUSTOMER expressly authorises ICISUN to issue the invoice in electronic format.
5. PROMOTIONS AND VOUCHERS
5.1. The Products to which a specific promotion applies are the Products that are specifically detailed on the Website.
5.2. All promotions and vouchers have a specific expiry date as indicated in the promotion itself.
5.3. Promotions consisting of discount vouchers apply solely and exclusively on the value of the Product and may not be applied on any additional costs and expenses.
5.4. ICISUN reserves the right to cancel its promotions to actual or potential customers who use them improperly or who multiple entitlements under the same promotion under different identities.
6.1. Once you have selected the Products you wish to purchase, they will be in your basket and the next step is to process the order and make payment. To do that, you have to follow the steps of the purchase process, filling in or checking the information requested at each step.
6.2. During the purchase process and before making payment, you will be able to change the details of your order.
6.3. You can pay by card (Visa, Mastercard, BIzum, PayPal, transfer…). If you pay by credit/debit card, the order will be processed as soon as the payment has been authorised by your financial institution.
6.4. By clicking the “Pay” button you are confirming that the credit card is yours or that you are authorised to use it. However, if the security department suspects any anomaly or fraud, ICISUN reserves the right to cancel the transaction for security reasons.
6.5. Online payment by credit/debit card is made through the “Secure Socket Layer” security system, which encrypts your bank details when they are transmitted over the internet. Credit cards will be subject to checks and authorisations by the credit card issuer. If the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into a contract with you.
6.6. ICISUN accepts no liability for purchases made via the Website that involve any criminal activity against the accountholder of the means of payment, and ICISUN will have no liability for the use that the person in possession of the means of payment makes of it.
6.7. ICISUN accepts no liability for any fees or expenses that the issuer of the means of payment may charge to the accountholder of the means of payment.
6.8. Products will not be shipped until the Order is fully paid for, including the price of the Products and all costs associated with the transaction.
7.1. Delivery will be made to the address provided by the CUSTOMER on working days and during office hours.
7.2. The delivery time referred to on the Website is indicative as time of delivery will depend on the availability of delivery slots. However, ICISUN will take reasonable steps to ensure that delivery times are met and that delivery is made within the indicated window.
7.3. The risk of loss or deterioration on the Products purchased shall be transferred to the CUSTOMER from the moment of delivery of the Products and their material possession.
8. RIGHT OF WITHDRAWAL AND RETURN POLICY
8.1. If you are contracting as a consumer, you have the right to withdraw from this contract within 14 calendar days without giving any reason.
8.2. The withdrawal period shall expire 14 calendar days from the day on which you or a third party appointed by you, other than the carrier, receives the Products, or in the event that the Products making up your order are delivered separately, 14 calendar days from the day on which you or a third party appointed by you, other than the carrier, acquires material possession of the last of those Products.
8.3. You can exercise the right of withdrawal in the way that is most convenient for you by means of a clear indication (e.g. by using the form attached or by email) that informs us of your decision to withdraw from the purchase sent to the address or email address stated in Clause 1 of these General Conditions of Sale.
8.4. To fall within the time for withdrawal, it is sufficient for your communication of your exercise of the right is sent before the end of the period stated above. ICISUN will notify you without delay of the receipt of your notice of withdrawal.
8.5. In the event of withdrawal, we will refund all payments paid by you, including shipping costs, unless you have chosen a delivery method other than the least expensive ordinary delivery method offered by us, in which case those costs will not be included. When you exercise your right of withdrawal from an international or European Union territory, we are not obliged to reimburse you for the cost of delivery. We will in any event make the refund within 14 calendar days from the date on which we receive notice of your decision to withdraw from this contract.
8.6. We will make the refund by the means of payment used by you for the initial transaction, unless you have expressly agreed otherwise and provided that it does not involve any expense as a result of the refund. Nonetheless, we may not make the refund until we have received the Products and verified their condition.
8.7. You must return or deliver to us directly or via a courier the Products you wish to return to the address stated in Clause 1.
8.8. For that purpose, please contact us using our contact form or by email at firstname.lastname@example.org.
8.9. Please be careful with Products while they are in your possession. It is important that you return Products including the original ICISUN packaging, instructions and any accompanying documents. The use, handling or installation of Products purchased, beyond mere opening and, provided they are not custom sealed products, may make it impossible for ICISUN to accept cancellation of the purchase. It is important therefore important that you follow the return instructions given in our acceptance of your return.
8.10. You will bear the direct cost of returning Products for which you have exercised the right of withdrawal.
8.11. You will be liable for any reduction in the value of Products resulting from handling beyond what is necessary to confirm the nature and features of the Products.
8.12. You are notified that ICISUN may withhold reimbursement until it has received the Products or until you have provided proof of return of Products, whichever is earlier.
8.13. Your right of withdrawal may be affected if exercised after the deadline or if one or more of the Products in respect of which the right has been exercised has not been returned, and in other circumstances.
8.14. For that reason ICISUN will inform you if you are entitled to a refund of the amounts paid in relevant circumstances and after making the appropriate checks in accordance with the Consolidated Text of the Defence of Consumers and Users General Act.
8.15. You will not be entitled to withdraw from the contract for the supply of any personalised Products or Products sealed for reasons of health and hygiene that have been unsealed after delivery.
9.1. If you contract as a consumer, we offer you full health, technical and storage guarantees for the Products that we offer for sale via this Website on the terms legally stipulated for each type of Product, taking into account that our products are not stored for a period exceeding six months in our warehouses.
9.2. We inform you that, as a consumer, you have a period of 14 calendar days to inform us of any discrepancy, counting from the time you become aware of the discrepancy. In any event, the discrepancy must have become apparent within no more than one year from the delivery of the Product.
9.3. The Products are deemed to be in conformity with the contract when (i) they conform to the description given by us and possess the qualities we have stated on this Website, (ii) they are fit for the purposes to which products of the same type are ordinarily put, (iii) they are of customary quality and have the performance that can reasonably be expected of product of the same type, (iv) the Product has been put used properly and reasonably, (v) the Product is kept in its original container, (vi) the Product has not been altered, tampered with or transformed, (vii) the Product has not been used for any purpose other than solar protection.
9.4. If any of the Products does not conform to the Contract, you must bring that to our attention following the procedure described above by any of the means of communication set out in Clause 1.
10. DEFECTIVE PRODUCTS OR PRODUCTS NOT CONFORMING TO THE CONTRACT
10.1. In cases where you believe that the Product delivered to you does not conform to the features and qualities indicated on our Website, has a manufacturing fault, may be in poor condition due to problems whether arising from transport or not, or is related to logistics or customs security (as a result of which it has been used or opened), please contact us immediately through our contact channels providing the details of your order, stating the defects that you believe the Product delivered to have, so that we can tell you how to proceed.
10.2. If a Product is not in conformity and as a general principle, the consumer has the right to repair of the Product (where possible), to replacement, to a reduction in price (in the circumstances in which it applies) or to termination of the contract which entails the return of the Product and refund of the amount paid, but you should note that these options are not always possible, depending on the type of Product and company policy.
10.3. For the products offered for sale by ICISUN the options available to you are repair, replacement of the Product or direct refund of the price paid by you and return of the defective item if the first option is not possible.
10.4. Please note that if the non-conformity is minor, the contract will not be terminated.
10.5. In such cases, ICISUN will examine the returned Product and will inform you by email within a reasonable period of time whether we will replace the Product free of charge or refund the price paid for the Product, if replacement is not possible.
10.6. Refund or replacement of the Product will be made as soon as possible and, in any event, within 14 days from the date of sending the email confirming the replacement of the non-conforming item or refund of the price paid.
10.7. Amounts paid for Products returned to us because of a defect, where the defect is real, will be refunded to you in full, including any delivery charges for delivery of the item to you and costs of return incurred by you. Refund of the price paid will be made through the payment method used to pay for the purchase.
10.8. As a general rule, you may return the defective product free of charge by handing it to the courier that ICISUN directs to the address provided by you once you have requested collection of the Product. To progress this type of return you can send us an email us at email@example.com.
11.1. Except as otherwise expressly provided in these General Conditions of Sale, our liability in respect of any product purchased via our website shall be strictly limited to the purchase price of that product.
12. FORCE MAJEURE
12.1. Deliveries may be extended or suspended in whole or in part by ICISUN during any period when ICISUN is prevented or hindered from producing, supplying or delivering Products as a result of force majeure, fire, accident, war, riot, catastrophe, governmental mandate, regulatory change, shortage of labour, equipment or materials, strike, lockout, or any other circumstances beyond ICISUN’ control whether of the same or a different nature. Products not delivered in whole or in part due to force majeure will be accepted by the CUSTOMER as soon as ICISUN is no longer prevented or hindered from producing, supplying and delivering the Products.
13. LEGISLATION AND JURISDICTION
13.1. This Agreement is governed by Spanish law.
13.2. The CUSTOMER submits to the jurisdiction and Courts of Spain. THE CUSTOMER waives its own jurisdiction if different and agrees to submit to the Courts and Tribunals of Barcelona (Spain).
13.3. Prior to the issue of any proceedings, any dispute will be submitted to the European Commission’s Online Dispute Resolution Platform European Commission’s Online Dispute Resolution Platform