Terms & Conditions

Introduction

By placing orders at www.lafosca.com you agree to be bound by below general Terms and Conditions and our Data Protection Policies. Please read through these Terms, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website.

If you do not agree to all the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.

By purchasing any product from this website, you enter into a contract with us on these terms.

For any questions relating to terms and conditions, general web shop, orders or shipments, please contact us through our mail: info@lafosca.com

Company information

In order to comply with article 10 of Law 34/2002 on Information Society Services and Electronic Commerce, we inform the user of our data:

• Company Name: LA FOSCA
• Commercial Name: LA FOSCA
• Registered Office: Passeig La Fosca, 14 Palamós 17230 (Girona)
• NIF: X0746329W
• Telephone: 616969478 / 658071267
• Email: info@lafosca.com

Object
The provider, responsible for the website, makes this document available to users with which it intends to comply with the obligations set forth in Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSI-CE ), as well as informing all users of the website regarding the conditions of use of the website. Any person who accesses this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable. The provider reserves the right to modify any type of information that may appear on the website, without any obligation to pre-notify or inform users of said obligations, understanding as sufficient with the publication on the provider’s website.

Privacy Policy

Your privacy is important to us and we want to make sure it is protected. Please take a moment to review our Privacy Policy.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Shipping / Returns & Refunds

Shipping

Orders are prepared on weekdays (Monday to Friday), with the exception of public holidays in Spain. All orders are shipped within a maximum of 48 hours from the moment we receive them.
The shipping companies transit time is:
Delivery time in Spain is 24h, Balearic Islands and Portugal is 48h.
Please, note that we do not deliver to the Canary Islands.
For EU orders delivery time will take about 2-6 working days depending on the country.
Also note, we do not deliver to the UK.

Returns & Refunds

STEP 1: Please, contact us within 30 days after you receive your item(s) at helpcenter@lafosca.com and we will provide you with the print-out label, we do not cover the return shipping costs and be aware that to return an item it cannot be used or washed. In case the item is damaged, let us know it in the same mail address.

STEP 2: You must include the return form in your package which you will find here. If the item was damaged, please write this on the note as well.

STEP 3: A carrier will come to pick up your parcel. You will be responsible for the items, until they have arrived at our warehouse. We therefore recommend you to keep a copy of postage.

STEP 4: Once we receive your parcel, we will check the item(s) and you will get your refund using the same method you used to pay. Please be aware that it can take up to 10 working days until the refunded amount is visible in your own account. Take in mind that the return shipping cost will be deducted from the total amount refunded.

Payment

Once you have finished shopping, all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make your payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before your payment, you can modify the details of your order.

Credit/Debit cards:
We accept payment via VISA and MasterCard. When paying by card you will be asked for the card number, its period of validity and the CVC code. We use a security standard called 3D-Secure, developed by VISA and MasterCard. All information is encrypted using SSL encryption, which prevents unauthorized access to card details. We do not store card numbers after the transaction has been completed.

PayPal:
PayPal allows secure payment from your bank account, credit card or PayPal account.

Product Information

We attempt to be as accurate as possible in our product descriptions. We do not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free.

We endeavour to display product colours as accurately as possible on our web site. The colours displayed on your screen can differ from the actual colours, therefore we cannot guarantee that your screen displays the accurate colours.

Availability, errors and inaccuracies of items

When your order is received, you will be emailed an order confirmation. We reserve the right not to deliver in the event that the stock level was incorrect at the time of receiving the order. If we are unable to deliver your order, we will inform you about the cancellation and process a refund for the same value. LA FOSCA has the right to send out only parts of the order in case one of the items is out of stock.

Refusal of your order

We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.

Account

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual property

LA FOSCA and its related names and logos are all trademarks and/or trade names owned or licensed by LA FOSCA and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with LA FOSCA, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of LA FOSCA or its affiliated companies and are protected by law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. LA FOSCA will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Law and jurisdiction

The use of our website and the Contracts for the purchase of items through such website will be governed by Spanish Law. Any dispute arising from, or, related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.

Responsabality

The provider is exempt from any type of responsibility derived from the information published on its website, provided that this information has been manipulated or entered by a third party outside it. The provider’s website may use cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the proper functioning and visualization of the site. The cookies used on the website are, in any case, temporary in nature with the sole purpose of making their subsequent transmission more efficient and they disappear when the user’s session ends. In no case will cookies be used to collect personal information. From the client’s website it is possible that it is redirected to the content of third-party websites. Given that the provider cannot always control the content posted by third parties on their websites, it does not assume any responsibility for such content. In any case, the provider declares that it will proceed to the immediate withdrawal of any content that could contravene national or international legislation, morality or public order, proceeding to the immediate withdrawal of the redirection to said website, informing the competent authorities the content in question. The provider is not responsible for the information and content stored, by way of example but not limited to, in forums, chats, blog generators, comments, social networks or any other means that allows third parties to publish content independently on the website. of the provider. However, and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, the provider makes itself available to all users, authorities and security forces, and actively collaborating in the withdrawal or, where appropriate, blocking of all those contents that could affect or contravene the legislation national, or international, third party rights or morality and public order. In the event that the user considers that there is any content on the website that could be subject to this classification, please notify the website administrator immediately. This website has been reviewed and tested to ensure that it works properly. In principle, correct operation can be guaranteed 365 days a year, 24 hours a day. However, the provider does not rule out the possibility of certain programming errors, or that force majeure, natural catastrophes, strikes, or similar circumstances may occur that make access to the website impossible.

Intellectual and industrial property

The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and / or graphics are the property of the provider or, where appropriate, have a license or express authorization by part of the authors. All the contents of the website are duly protected by intellectual and industrial property regulations, as well as registered in the corresponding public registers. Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialization, in any case requires prior written authorization from the provider. Any use not previously authorized by the provider will be considered a serious breach of the author’s intellectual or industrial property rights. The designs, logos, text and / or graphics outside the provider and that may appear on the website, belong to their respective owners, being themselves responsible for any possible controversy that may arise regarding them. In any case, the provider has the express and prior authorization from them. The provider does not expressly AUTHORIZE third parties to redirect directly to the specific contents of the website, in any case they must redirect to the provider’s main website. The provider acknowledges in favor of their owners the corresponding industrial and intellectual property rights, their mere mention or appearance on the website does not imply the existence of any rights or responsibility of the provider over them, nor does it imply endorsement, sponsorship or recommendation by part of the same. To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you can do so through the following email. Veracity of the information and minors. All the information provided by the User must be truthful. For these purposes, the User guarantees the authenticity of the data communicated through the forms for the subscription of the Services. It will be the responsibility of the User to keep all the information provided to LA FOSCA permanently updated so that it responds, at all times, to their real situation. In any case, the User will be solely responsible for any false or inaccurate statements made and the damages caused to the provider or third parties. Regarding the use of the services of this website, minors must always obtain the prior consent of their parents, guardians or legal representatives, who are ultimately responsible for all acts carried out by the minors in their charge. The responsibility in determining the specific content to which minors access corresponds to those minors, that is why if they access inappropriate content over the Internet, mechanisms will have to be established on their computers, in particular computer programs, filters and blocks, which They allow limiting the available content and, although they are not infallible, they are especially useful to control and restrict the materials that minors can access.

Obligation to make correct use of the Web.

The User agrees to use the Web in accordance with the Law and this Legal Notice, as well as morals and good customs. For this purpose, the User will refrain from using the page for illegal or prohibited purposes, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of computer equipment or documents, files and all kinds of content stored on any computer equipment of the provider. In particular, and for indicative but not exhaustive purposes, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that: (a) is contrary, despises or violates fundamental rights and public liberties recognized constitutionally, in international treaties and other current regulations; (b) induces, incites or promotes criminal, degrading, defamatory, violent actions or, in general, contrary to the law, morality and public order; (c) induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition; (d) is contrary to the right to honor, personal or family privacy or the image of people; (e) in any way damages the credibility of the provider or third parties; and (f) constitutes illegal, misleading or unfair advertising.

Applicable Law and Jurisdiction

For the resolution of all disputes or issues related to this website or the activities carried out therein, Spanish legislation will apply, to which the parties expressly submit, being competent to resolve all derivative conflicts or The Courts and Tribunals of GIRONA related to its use.