PURCHASE AND REFUND TERMS OF THE ALINKA-FASHION WEB PAGE

1. INTRODUCTION

This document (jointly with the documents mentioned herein) establish the Terms which govern the use of this Web Page and the Purchase of Products in said Web Page (henceforth, the "Terms").

Please read the Terms carefully before using this Web Page. When using this Web Page or placing an order by means of it, you consent to be bound by these Terms, whereby if you are not in agreement with all the Terms, you must not use this Web Page.

These Terms can be modified. It is your responsibility to periodically read them, since the Terms in force at the time of the use of the Web Page or the Celebration of the Contract (as defined below) shall be the Terms which are applicable to said operations.

The Contract (as defined below) can be formalized, by selecting any of the languages in which these Terms are available in this Web Page.

2. OUR DATA

This Web Page is operated under the name of  ALINKA-FASHION by MALLORCA-STEUERBERATER, S.L., a Spanish Limited Liability Corporation with registered office in Calle Llorenç Vicens num. 1, 2ºB,  postal code 07002, Palma de Mallorca (Balearic Island), registered in the Mercantile Register of Mallorca, to Tome 1.520, Section 8, Folio 125, Sheet PM-28.164, inscription 1ª  and Corporate Tax Number (CIF) B07868391.

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data which you provide to us about yourself shall be processed in accordance with that stipulated in the Privacy Policy. By making use of this Web Page, you hereby consent to the processing of this information and data and state that all information or data which you provide to us are accurate and correspond with reality.

4. USE OF OUR WEB PAGE

By using this Web Page and/or placing orders by means of it, you hereby agree:

1. To make use of this Web Page solely to make queries or legally valid orders.
2. Not to make any false or fraudulent order. If it is reasonably considered that an order of this type has been made, we are authorized to cancel it and inform the relevant authorities.

 


3. To provide us with your e-mail address, your postal address and/or other contact data in a truthful and accurate way. Likewise, you consent that we can make use of this information to contact you if necessary. See our Privacy Statement.

If you fail to provide us with all the information which we require, we shall not be able to process your order.

By placing an order by means of this Web Page, you state that you are over the age of 18 and possess the legal capacity to celebrate contracts.
 
5. AVAILABILITY OF SERVICE

The items which are offered by means of this Web Site are available for their shipping to any country in the world. For countries which do not belong to the European Union, we recommend that you previously query the shipping expenses by means of our Contact Form.

6. CELEBRATION OF THE CONTRACT

The information contained in these Terms and the details contained in this Web Page do not constitute an offer of sales but rather an invitation to contract. No contract shall exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and any charge has been made to in your account, this amount shall be fully refunded.

To place an order, you must follow the on-line purchase procedure and click on "Authorize payment". After this, you shall receive an e-mail acknowledging the receipt of your order (the "Order Confirmation"). Take into account that this does not mean that your order has been accepted, since your order consists in an offer which you make to us in order to buy one or more products. All orders are subject to our acceptance, of which you shall be notified by an e-mail in which we shall confirm that the product is being delivered (the "Delivery Confirmation"). The contract for the purchase of a product between you and us (the "Contract") shall only be formalized when we send you the Delivery Confirmation.

Solely the products described in the Delivery Confirmation shall be the object of the Contract. We shall not be obliged to supply you with any product which could have been the object of an order until we have confirmed the delivery of the same item in the Delivery Confirmation.

7. AVAILABILITY OF THE PRODUCTS

All the orders for products are subject to their availability. Accordingly, if there are difficulties in relation to the supply of the products or the items are no longer in stock, we reserve the right to provide you with information about replacement products with an equivalent or higher quality and value which you may order. If you do not wish to place an order for these replacement products, we shall refund any amount which you could have paid.

8. REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this Web Page at any time and to remove or modify any material(s) or contents of the same. Although we shall do everything possible to always process all orders, exceptional circumstances can arise which oblige us to refuse the processing of an order after having sent the Delivery Confirmation, hence we reserve the right to do so at any time, solely at our discretion.

We shall not be liable before you or before any third party for the event of withdrawing any product from this Web Page, independently whether or not this product has been sold, remove or modify any material(s) or contents of the Web Page or for our refusal to process an order once we have sent the Order Confirmation.

9. DELIVERY

Without detriment of that established in Clause 7 above in relation to the product availability and unless extraordinary circumstances occur, we shall try to deliver the order consisting in the product(s) described in each Delivery Confirmation prior to the delivery date which is shown in the Delivery Confirmation concerned or if no delivery date has been specified, in a period of 15 days calculated from the Delivery Confirmation date.   
 
Notwithstanding, delays can occur due to any of the following reasons:

1. personalization of the products;
2. specialized items;
3. unforeseen circumstances; or
4. delivery area;

If due to any reason, we cannot comply with the delivery date, we shall notify you of this circumstance and give you the option to continue with the purchase, thus establishing a new delivery date or you may cancel the order with the full refund of the disbursed price. In any case, please bear in mind that we do not make deliveries on Saturdays, Sundays or holidays.

For the effects of these Terms, it shall be understood that a "delivery" has occurred or that an order has been delivered at the moment of the signing its receipt at the agreed delivery address.

10. IMPOSSIBILITY OF DELIVERY

The deliveries are contracted with courier companies of well-known reputation and trustworthiness. If after two attempts, it proves impossible to carry out the delivery of your order, we shall first attempt to search for a secure place to leave it. If it is not possible to leave the order, then a notice would be left and the delivery would be deposited in the transport agent's warehouse as near as possible to your address. You may arrange a delivery date and time or you may personally collect the delivery in the installations of the transport agent or courier company. If you cannot be present at the delivery location of the order at the agreed time, we request that you contact said parties again to arrange the delivery on another date.

In any case, in order to collect your order, you shall have a period of 30 days calculated from the date on which, in accordance with the procedure stipulated in these Terms, you have been informed that your order is available. If having elapsed this period, you have failed to collect your order, we shall understand that you wish to withdraw from the Contract and we shall consider it to be cancelled. As consequence of the cancellation of the Contract, we shall refund the price paid for these products to you as soon as possible, and in any case, in the maximum period of 30 days from the date on which in accordance with that stipulated in this Clause, we consider the Contract to be cancelled. The delivery expenses shall not be refunded.

11. TRANSFER OF RISK AND THE OWNERSHIP OF THE PROJECTS

The risks of the products shall be on your account starting from the time of their delivery.

You shall acquire the ownership of the products when we receive the complete payment of the owed amounts in relation to said items, including the delivery expenses, or at the time of delivery (according to the definition stipulated in clause 9 above), if this should take place at a later time.

12. PRICE AND PAYMENT

The price of each product shall be that stipulated at all times in our Web Page, except in case of manifest error. Although we attempt to ensure that all the prices which are shown in the Web Page are correct, errors can occur. If we discover an error in the price of any of the products which you have ordered, we shall inform you as soon as possible and we shall give you the option to reconfirm your order at the correct price or you may cancel it. If we are not able to contact you, the order shall be considered as cancelled and the amounts which have been paid shall be fully refunded.

We shall not be obliged to supply any product to you at an incorrect lower price (even if we have already sent you the Delivery Confirmation) if the error in the price is obvious and unmistakeable and could have been reasonably recognized by you as an incorrect price.

The prices of this Web Page include VAT but they do not include the shipping expenses, which shall be added to the total amount owed based on that shown in our Shipping Expenses Guide.

The prices may change at any time, however (unless established previously) the potential changes shall not affect the orders in relation to those for which we have already sent a Delivery Confirmation.

Once you have finished your shopping, all the items which you wish to purchase have been added to your cart, then the next step will be to process the order and make the payment. To perform this:

 

1 Click on the "CART" in the upper section of the page.
2. Click on the button "CONTINUE SHOPPING” or proceed to CHECKOUT.
3. You may continue the shopping process as a visiting customer (instant order) or as a previously registered customer. If you are not registered, at this time, you have the opportunity to register as a customer for future purchases.
4. Select the Delivery method by selecting one of the shipping methods.

5. Verify that your items, contact data and your shipping address are correct.

6. Select the payment method.

7. Accept the payment.

You can make the payment with Visa or MasterCard credit cards, by PayPal or bank transfer. Likewise, you can pay the total or partial price of your purchase with an ALINKA gift card or payment card issued by ALINKA Spain or by Mallorca-Steuerberater, S.L. To minimize the risk of unauthorized access, your card data will be encrypted. Once we have received your order, we shall carry out the pre-authorization of your card to ensure that there are sufficient funds to complete the transaction. The charge shall be made at the time that we confirm the order.

When you click on the button "Authorize Payment", you are confirming that the credit card belongs to you or that you are the legitimate holder of the gift card or payment card.

We use an encryption system to ensure that the payment has been made in a secure way.

The credit cards shall be subject to verifications and authorizations by their issuer institutions, however if said institution fails to authorize the payment, we shall not be liable for any delay or delivery failure and we shall not be able to formalize any Contract with you.

13. VALUE-ADDED TAX (VAT)

According to that stipulated in article 68 of the Spanish Act 37/1992, dated 28 December of the Value-Added Tax, the delivery of goods shall be understood as located in the territory which applies Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the rate legally in force at all times based on the specific item which is involved.
 
In orders with destination to the Canary Islands, Ceuta and Melilla, or to countries which are not members of the applicable VAT territory (countries not included in the VAT for the European Union) the deliveries shall be exempt from the applicable VAT stipulated in article 21 of the Act 37/1992, without detriment of the corresponding taxes and customs duties according to the legislation in force in each of these territories at all times.

14. CHANGE/REFUND POLICY 

1. Legal right to withdraw from the purchase

According to the applicable legislation, if you are contracting as a consumer, you may withdraw from the Contract (except when the object of the same is any of the products which are excluded from the right of withdrawal in Clause 14.3 below) at any time within the period of 14 days from the delivery date of your order.

In this case, the price paid for these products shall be reimbursed. You shall be charged for the direct costs of the product's return, unless the items are directly delivered to an Alinka shop.

You may certify the right of withdrawal in any way permitted by law, in all cases, validly exercising this right by sending a written statement by letter, fax or mail, notifying us of this withdrawal, or calling us by telephone so that we can send you the withdrawal form which you must complete and remit to us by any of the above mentioned channels. You may also exercise your right of withdrawal by the physical return of the products.

This provision does not affect the other rights recognized to the consumer by the legislation in force.

2. Contractual right to withdraw from the purchase

In addition to the legally recognized right of withdrawal of consumers and users mentioned in Clause 14.1 above, we grant you a period of 15 calendar days calculated since the Delivery Confirmation date to carry out the refunds of the products (except those mentioned in Clause 14.3 below, in relation to those excluded from the right of withdrawal).

In the case of return, you shall be reimbursed for the price paid for the returned products. You shall be charged for the direct costs of the product's return, unless the items are directly delivered to an Alinka shop.

You must exercise the right of withdrawal by means of the procedure indicated in Clause 14.1

3. Common provisions

You shall not possess the right to withdraw from the Contract whose object is the supply of any of the following products:

- Personalized Items

- Pantyhose

- Hair grooming items

- Caps and hats,

- Dresses and suits for parties, communions and celebrations

 

Your right to withdraw from this Contract shall be exclusively applied to the products which are returned in the same conditions in which you received them. Please return item(s) by using or including their original packaging. You must also include all labels, documents and packaging of the products. In any case, you must deliver the item jointly with the ticket which you received at the time of the product delivery. There shall be no refund if the product has been used beyond the mere opening and trying it on or if it has suffered any damage, hence you must be careful with the products while they are in your possession. When you try on the clothing, make sure to be careful and do not force the seams, buttons or zippers When trying on shoes, use socks and a shoe horn and walk on a rug.

Changes can only be made for the same item in a different size or colour. Some sizes can have slightly different prices. In such cases, you shall be credited for the difference if the price is lower or you must pay the difference if the price is higher.

You will receive a summary about the exercise of this right of withdrawal when you receive the Delivery Confirmation.

• Refunds in the ALINKA shop.

You may return products in our ALINKA shop in Palma de Mallorca (Carrer dels Paraires 4).  In this case, you must visit this shop and must deliver the item jointly with the document for the refund (henceforth, the "ticket") which you received at the time of the product's delivery.

• Refunds by means of the transport company and/or Courier company and/or Spanish Post Office (Correos).

You must organize the package's collection at your address or personally deliver it to the transport company of your choice or to the Post Office. You must deliver the goods in the same package in which you received it, following the instructions which you will find in the "REFUNDS" section in this Web Page.

You shall be responsible for the return cost, except in the cases indicated in point 4 below. Please bear in mind that if you decide to return the items to us at freight collect, we shall not be obliged to receive them.

After examining the item, we shall notify you if you have the right to a refund of the paid amounts. The refund shall be carried out as soon as possible and in any case, within a period of 30 days from the date on which you notified us of your intention to withdraw. The refund shall always be performed in the same payment method which you used to pay for the purchase.

If you have any questions, please contact us by means of our contact form or call the telephones: +34 971-716364 or +34 971-711213.

4. Refunds of defective products
In the cases in which you consider that at the time of delivery, the product is not adjusted to that stipulated in the Contract, this must be notified to us immediately by means of our contact form or calling us by the telephones: +34 971-716364 or +34 971711213 indicating the product data as well as the damage or defect which its suffers, where possible sending us photographs of said item(s). We shall instruct you on how to proceed.

If the product is defective, we shall send a courier to your address to collect it, where we shall assume the transport cost. If you wish, you also have the option to return the product in our ALINKA shop in Palma de Mallorca. Once in our shops, we shall thoroughly examine the returned product and notify you by e-mail or telephone, in a reasonable period, regarding if we shall proceed to the refund or its replacement (as required). The refund or replacement of the item shall be carried out as soon as possible, and in any case, within 30 days following the date on which we send you the e-mail confirming that we shall proceed to the refund or replacement of the non-conformity item.

The amounts paid for the products which are returned due to any damage or defect, when this actually exists, shall be fully reimbursed to you, including the delivery expenses incurred to ship the item to you. The monetary refund shall always be performed in the same payment method which you used to pay for the purchase.

This excludes the rights recognized by the legislation in force.

15. LIABILITY OR EXEMPTION FROM LIABILITY

Unless expressly stated otherwise in these Terms, our liability in relation to any product acquired in our Web Page shall be strictly limited to the purchase price of this product.

Notwithstanding the above, our liability is excluded or limited in the following cases:

1. In the case of death or personal injury caused by our negligence;
2. In the case of fraud or fraudulent misrepresentation; or
3. In any matter in which it would be illegal or unlawful for us to exclude or limit or we attempt to exclude or limit our liability.

Without detriment of that stated in the above paragraph and in the degree that the legislation permits, and unless stated otherwise in these Terms, we shall not accept any liability for the following losses, independently of their source:

4. losses of income or sales;
5. loss of business;
6. loss of profit or loss of contracts
7. loss of foreseen savings;
8. loss of data; and
9. loss of management time or office timetable.

Due to the open nature of this Web Page and the possibility that errors can occur in the storage or transmission of digital information, we do not guarantee the accuracy or the security of the information transmitted or obtained by means of this Web Page unless this is expressly established otherwise in the same.

 

All the descriptions of products, information or materials which are displayed in this Web Page are supplied on an as-is-basis and without express or implicit warranties regarding the same.
 
To the extent permitted by law, we exclude all warranties, except those which cannot be legally excluded before consumers and users.

That set forth in this clause shall not affect your legal rights as a consumer or user, nor your right to withdraw from the Contract.

16. INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, registered trademark and remaining intellectual property rights regarding the materials or contents which are supplied as part of the Web Page at all times which correspond to us or to the parties who have granted us a license for their use or the legitimate owners of the trademarks/brands which we market. You may solely use this material in the way in which we expressly authorize this or the parties who have granted us the license for their use and/or commercialization. This does not hinder you from using this Web Page in the degree required to copy the information about your order or the Contact data.

17. VIRUS, PIRACY AND OTHER COMPUTER ATTACKS

You must not make improper use of this Web Page by the intentional insertion of virus, trojan programs, worms, logic bombs or any other technologically detrimental or damaging program or material. You must not attempt unauthorized access to this Web Page, the server in which this Web Page is housed or any other server, computer or database related to our Web Page. You promise not to attack this Web Page by means of Denial of Service attacks or Distributed Denial of Service attacks.

The infringement of this clause may entail the commission of offences as defined by the applicable laws. We shall report any infringement of these laws to the competent authorities and shall cooperate with them to discover the identity of the attacking party.
Likewise, in the case of infringement of this clause, you shall immediately cease to be authorized to use this Web Page.

We shall not be liable for any damage or detriment arising from a denial of service attack, virus or any other technologically detrimental or damaging program or material which can affect your computer, computer equipment, data or materials as consequence of the use of this Web Page or the download of its contents from the same or to units which redirect them.

18. LINKS FROM OUR WEB PAGE 

In the case that our Web Page contains links to other web pages and materials of third parties, these links are solely facilitated for informative purposes, where we do not possess any control over the contents of these Web Pages or materials. Consequently, we do not accept any liability for any damage or loss derived from their use.

19. COMMUNICATIONS IN WRITING

The applicable legislation requires that part of the information or communications which we send to you must be in writing. By the use of this Web Page, you accept that the majority of said communications with us are by electronic channel. We may contact you by e-mail or we shall provide information to you by posting notices in this Web Page. For contractual purposes, you consent to use this electronic means of communication and recognize that all contract, notification information and remaining communications which we send to you by electronic channel comply with the legal requirements which must be in writing. This condition does not affect your legally recognized rights.

20. NOTIFICATIONS

The notifications which you remit to us must be preferentially sent by our Contact Form. According to that stated in clause 19 above and unless stipulated otherwise, we can send you communications either by e-mail or to the postal address which you provided at the time of placing your order.

It shall be understood that the notifications have been properly received and served at the same moment when it is posted in our Web Page, 24 hours after having sent the e-mail or three days after the posting date of any letter. To verify that the notification has been made, it shall be sufficient to prove, in the case of a letter, that it has the correct address, was properly sealed and was properly delivered in the postal office or letter box, and in the case of an e-mail, that said e-mail was sent to the e-mail address specified by the recipient.

For some processes or information for which it is not strictly required to leave a record in writing, we may call you by telephone with the aim to facilitate the communication. 

21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract is binding for both you and us, as well as for our respective successors, transferees and assignees.

You cannot assign, cede, encumber or in any other way transfer a Contract or any of the rights and obligations derived from the same in your favour or for you, without having obtained our prior written consent.

We can assign, cede, encumber, subcontract or in any other way transfer the Contract or any of the rights and obligations derived from the same in our favour or for us, at any time during the validity of the Contract. To prevent any doubt, these assignments, cessions, encumbrances or other transfers shall not affect the rights, which, where required, you possess as a consumer recognized by law nor annul, reduce or limit the express or tacit warranties in any way which could have been granted to you.

22. EVENTS BEYOND OUR CONTROL

We shall not be liable for any infringement or delay in the fulfilment of any of the obligations which we assume under this Contract, whose cause is due to events which are beyond our reasonable control ("Cause of Force Majeure").

The Cause of Force Majeure includes any act, event, lack of exercise, omission or accident which is beyond our reasonable control and among others, the following:

1. Strikes, employer lockouts or other industrial actions.
2. Civil upheaval, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or the threat or preparations of war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility to use trains, ships, airplanes, motor transportation or other means of public or private transport.
5. Impossibility to use public or private telecommunication systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.

It shall be understood that our obligations derived from the Contracts shall be suspended during the period in which the Cause of Force Majeure continues, and we shall implement an extension in the period to fulfil said obligations for a time period equivalent to the period of the Cause of Force Majeure. We shall use all reasonable means to conclude the Cause of Force Majeure or find a solution which permits us to fulfil our obligations pursuant to the Contract in spite of the Cause of Force Majeure.

23. WAIVER

The lack of summons by our part of the strict fulfilment by your part of any of the obligations assumed by you pursuant to a Contract or the present Terms or the lack of exercise by our part of the rights or actions which could correspond to us pursuant to this Contract or Terms shall not suppose the waiver or any limitation in the relation with these rights or actions nor shall exempt you from complying with these obligations.

No waiver by our part of a right or specific action shall suppose the waiver of other rights or actions derived from the Contract or the Terms.

No waiver by our part of any of these Terms or the rights or actions derived from the Contract shall take effect unless it is expressly established that it is a waiver and formalized and this is communicated to you in writing in conformity with that set forth in the Notifications section above.

24. PARTIAL INVALIDITY

If any of the present Terms or any provision of the Contract are declared invalid and without effect due to a firm ruling by a competent authority, the remaining terms and conditions shall remain in force, where they shall not be affected by this invalidity.

25. COMPLETE AGREEMENT

These Terms and the entire document to which it makes express reference herein constitute the complete agreement existing between You and us in relation to the object of the Contract and they replace any other prior pact, agreement or promise arranged between You and us verbally or in writing.

You and we acknowledge having consented to the celebration of the Contract without having confided in any other statement or promise made by the other party or which could interfere with any declaration or statement in the negotiations established by both said parties prior to this Contract, except that which appears expressly mentioned in these Terms.

Neither You nor we shall take action against any untruthful statement made by the other party, verbally or in writing, prior to the date of the Contract (unless this untruthful declaration has been made in a fraudulent way) and the sole action which the other party shall take shall be due to the infringement of the Contact in conformity with that set forth in these Terms.

26. OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and modify these Terms at any time.

You shall be subject to the policies and Terms in force at the time in which you use this Web Page or make any order, unless due to the law or the decision of governmental organizations, we must make changes with a retroactive nature in these policies, Terms, or Privacy Statement, in which case, the potential changes shall also affect the orders which you have previously made.

27. APPLICABLE LEGISLATION AND JURISDICTION
The use of our Web Page and the Contracts for the purchase of products by means of this Web Page shall be governed by Spanish legislation.

Any discrepancy which arises or has a relation to the use of the Web Page or with these contracts shall be subject to the non-exclusive jurisdiction of the Spanish Courts of Law and Justice.

If You are contracting as a consumer, nothing in this clause shall affect the rights which are recognized as such by the legislation in force.

28. COMMENTS AND SUGGESTIONS

Your comments and suggestions are encouraged. We request that you send us these comments and suggestions to us by means of our Contact Form.

We also have official claims forms available to consumers and users. You may request them by calling the telephones: +34 971-716364 and +34 971-711213 or by means of our Contact Form.