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Home > Terms and Conditions of Use

Terms and Conditions of Use

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TERMS AND CONDITIONS OF USE

INTRODUCTION

Fashion by Spain (hereinafter, "Fashion by Spain" / "FBS" / “we” / "us" / "our") establishes the following terms and conditions of use (“Terms”/ “Agreement”/ “Conditions”/ “Terms and Conditions of Use”) which apply to all users (“Users”/ “you”) of this website (“Site”/ “Website”)and the services offered by Fashion by Spain, Internet messaging service of Fashion by Spain and other features, content or applications offered from time to time (collectively, "Services") by Fashion by Spain, all of which may be currently accessed from the domains "www.fashionbyspain.com" and "www.fashionbyspain.es".

By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement. This Agreement applies to all users of the Site, including without limitation purchasers of goods ("buyers"/ “purchasers”/ “shoppers”/ “clients”), sellers of goods ("sellers"/ "designers"/ "vendors"/ “brands”/ “firms”) contributors of content, information and other materials or Services on the Site.

Fashion by Spain acts as a venue to allow Users who comply with Fashion by Spain's policies to offer, sell and buy clothing, shoes, accessories and other fashion items (“products”/ “items”/ “goods”) within a fixed-price format. Fashion by Spain is not directly involved in the transaction between Buyers and Sellers. As a result, Fashion by Spain has no control over the quality, safety, morality or legality of any aspect of the items listed, the veracity or accuracy of the listings, the ability of Sellers to sell items, the ability of Buyers to pay for items or if the buyer does finally purchase a product. Fashion by Spain cannot ensure that a buyer or seller completes a transaction. Fashion by Spain does not necessarily pre-screen the content or information provided by Users. Therefore, it is recommended that the Buyer and Seller reach an agreement in compliance with the Terms and Conditions of Use set forth herein and those set by each Seller, including, but not limited to, the ability of a Buyer to return the items if they are not satisfied, especially, if it is for a defective product or error by the designer. These issues must be agreed between Buyer and Seller, without Fashion by Spain (in its sole discretion) is obliged to intervene in such issues. For these reasons, it is important whether you are a "Visitor" (which simply means that you are browsing this Website) or you are a registered user, Seller and/or Buyer (which means that you are registered on this website), hereinafter “Members" (collectively “Users”), that you be aware of the role of Fashion by Spain and the Terms and Conditions of Use of this Website and the Services provided.

Use of this Website is intended for users who have reached the legal age in your country of residence. Therefore, if you are not of legal age you are not allowed to register on this website.

We will not be responsible for the fact that, for any reason this Website is unavailable at any time or period. From time to time, we may have to restrict access to some parts or all of this Website. All contents on this Site are provided by us or have been supplied by the vendors themselves who are responsible for obtaining the consent of the holder of the rights for the material supplied. This Website also contains links to other websites that are not operated by Fashion by Spain (hereinafter, the "Related Sites"). Fashion by Spain has no control over these Related Sites and accepts no responsibility for them or for any loss or damage that may arise from your use thereof. Your use of the Related Sites will be subject to the terms and conditions of use and service contained within each of those websites. If any one considers that some of the content on this Site violates copyrights, please notify us through our email ilove@fashionbyspain.es.

We have taken great care to ensure that the products on our website are presented as accurately as possible. However, the accuracy of color depends upon your personal monitor and FBS therefore cannot guarantee that the color of the actual item is absolutely accurate.

By using this website, you confirm that you have read, understood and agree to these terms in their entirety and with updates that from time to time can be made in them. We recommend that you check the contents of this Site regularly to keep abreast of any changes in the Terms of Service. It allows access to this website temporarily and FBS reserves the right to withdraw or amend the Services without notice. If you do not agree to these terms in part or in whole, you should not use or continue to use this Website or Services related to Fashion by Spain.

These Terms complement and are in addition to the terms of our Privacy Policy, which sets out how we use your information. By using this Website, you consent to the processing of the information described in this Privacy Policy and ensures that the data you have provided is accurate. There may also be notices and policies posted on other areas of the website that relate to the use of the Site and the services related to Fashion by Spain, all of which will, together with these Terms and our Privacy Policy, regulate use.

LANGUAGES

The language of the contract between Fashion by Spain and the user is the Castilian (Spanish). To facilitate navigation, purchase and use of the services on this Web Site to all users, Fashion by Spain has written in English and Spanish the content on this site, both versions being deemed authentic, but for legal purposes the Spanish version is to be given priority of interpretation. You agree not to hold Fashion by Spain for any loss or damage resulting from your reliance on any inaccurate, incomplete or incorrect translation of the Website (or any portion thereof). Fashion by Spain is not responsible for translations that the sellers make in their respective sections on them and their items. Fashion by Spain is not responsible for any application or translation method that you can use in the translation of this Website.

USE OF THE WEBSITE

To register an account with us and access it on the website, you will need to provide your name, email address and password. You will also be asked to provide us with other personal data, for example, address and telephone number so that we can provide you the contracted services. You can use your account to carry out transactions with other users. When the account is used in this way, you are authorizing transactions concluded through this Website. You must keep the details of your account updated at all times, including the provision of a valid email address and a phone number. You may not sell or otherwise transfer your Fashion by Spain account to another person or entity, and you agree that all information submitted is veracious, accurate and current. You must be of legal age in your home country to use the Website and Services of Fashion by Spain, including registering an account with Fashion by Spain. By registering an account with us, you represent and guarantee that you are of legal age in your home country and have the ability to form legally binding contracts. If registered as a business entity, you personally guarantee that you have the authority to bind the company to accept these Terms. Fashion by Spain may refuse to provide access, use of the Website or Services of Fashion by Spain to any person or entity, at the sole discretion of Fashion by Spain. Fashion by Spain may also cancel inactive or unconfirmed accounts, reserving the rights for changes in eligibility criteria at any time.

ACCESS, SUSPENSION AND TERMINATION

Fashion by Spain allows the use of the Website and Services of Fashion by Spain on a temporary basis only. We may remove or edit the content of the Website and the Services available at any time with or without notice. It is also possible that Fashion by Spain, at any time, may refuse to offer their Services to you or any other person, cancel inactive accounts, change, suspend or permanently close the Site, or temporarily or permanently suspend or cancel your account and your access to the Site or Services of Fashion by Spain for your breach of the Terms or for any other reason at our sole discretion. The Site and the Services will not be available to you if your account has been temporarily or indefinitely suspended.

COPYRIGHT AND TRADEMARKS

All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of FBS, our designers, our partners or our licensors, and is protected by Spain and international copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of FBS, our designers, our licensors or our partners in Spain, and are protected by Spain and international trademark laws. All or any other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Except as set forth in the Terms and Policies of FBS, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

USER CONTENT

Fashion By Spain acts as an intermediary for buyers and sellers to transact with each other. In addition, this Website may provide users with access to a discussion forum, comments and articles and fashion blogs. Therefore, the site includes user-generated content which is not tested prior to publication and contains views that are the user opinions. These opinions do not represent the views of Fashion by Spain, opinions, beliefs, customs, values, etc. Although we will do our best to check, edit or remove that user-generated content in which we believe it is appropriate or necessary to do, we cannot promise that the content of the Website (or any part thereof) is accurate, complete and up to date or infringes the intellectual property or other third parties. You own all the content and information posted by you. Additionally, for content that is protected by intellectual property rights, like photos and videos ( IP content), you grant us a non-exclusive, transferable, sub-licensable right, royalty-free, worldwide, to use any IP content that you post or relating to Fashion by Spain (IP License ). In certain circumstances, Fashion by Spain may also share your contribution with trusted third parties. This IP License shall be revoked as soon as possible from the moment you delete your IP content or your account, unless your content has been shared with others and they have not deleted it. However, you agree that once your contribution is displayed on the Website or incorporated into other related sites to FBS, FBS has no obligation to delete or ask other users to remove such content, so it may still appear and be used indefinitely. When you publish content or information using the "public" application, this means that you are allowing everyone, including other users of the Website, access and use that information, and associate it with you. We recommend that you do not disclose personal information about you or anyone else. By the fact of submitting any material, you are happy and agree to the Terms and Conditions herein. If you do not want to give Fashion by Spain the authorizations listed here, please refrain from sending or sharing your input, comments, etc. in this Website.

PROHIBITIONS

You are solely responsible for your conduct and activities on and regarding Fashion by Spain, for each and every data, text, information, usernames, graphics, images, photographs, profiles, audio, video, articles and links (collectively, "User Content") that you submit, post and display on Fashion by Spain. You must not misuse this Website. Although without limitation, you will not: (1) commit or encourage a criminal offence, (2) transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene (3) threaten, harass, impersonate or intimidate any person (including Fashion by Spain staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of a similar email address, nicknames, or creation of false account(s) or any other method or device; ( 4) hack into any aspect of the service, corrupt data or cause annoyance to other users, (5 ) infringe any third-party copyright, patent, trade secret, trademark or other proprietary rights or intellectual property rights or publicity or privacy rights; (6) add to other users of Fashion by Spain to your email list or physical mail without the express consent of the user, (7) use Fashion by Spain or the information contained in Fashion by Spain to send advertising or unsolicited promotional material (commonly referred to as "spam"), or attempt to affect the performance or functionality of any computer facilities of, or accessed through this Website, (8) manipulate the price structure of Fashion by Spain and/or fees, billing process or fees owed to Fashion by Spain; (9) violate this Agreement, any policy or guideline of the site, or any law, statute, ordinance or regulation (including, but not limited to, export control, consumer protection, unfair competition, anti-discrimination or false advertising). Breaching this provision would constitute an offense. Fashion by Spain will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

If a user violates this Agreement, the Privacy Policy or any other document on Community policies and guidelines incorporated in this Website or for any reason, according to Fashion by Spain, violate these Terms or which might be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of others, Fashion by Spain may, with or without notice and without refunding any fees, withdraw, reject, refuse to post, suspend, cancel or remove any content or the user account.

DISCLAIMER OF WARRANTY AND LIABILITY

Fashion by Spain’s Services are provided "as is" and “as available”. Fashion by Spain offers no express or implied warranties of any kind regarding the operation of this Site or any information, products or Services offered on this Site, except to the extent that such liability cannot be excluded by law. Fashion by Spain does not guarantee timely, secure, without errors and uninterrupted information provided from this Website. Fashion by Spain disclaims any guarantee of fitness for a particular purpose or non-infringement. Fashion by Spain cannot guarantee and does not promise any specific results from use of the Website Services. The exclusion of guarantees does not affect your right of withdrawal. Fashion by Spain is not liable for any loss with the use of the Website. By using the Fashion by Spain Site and Services and conducting operations as a result of such use, you agree that Fashion by Spain is a venue and as such is not responsible or liable for the conduct, whether online or offline, of any User of the Fashion by Spain Services, or for any content or element, including but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on Fashion by Spain. You use the Fashion by Spain Service at your own risk.

Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and images of third-party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Fashion by Spain and you should not rely on the existence of such a connection or affiliation. Any trademarks/registered names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Fashion by Spain. You agree that Fashion by Spain is not responsible for the content or availability of third-party websites linked to or referenced on the Site. You agree that Fashion by Spain will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any content or goods or services available on or through any such websites. Fashion by Spain takes no responsibility for third-party advertisements which are posted on this Website or through the Fashion by Spain Services, nor does it take any responsibility for the goods or services provided by its advertisers. Fashion by Spain (including its headquarters, subsidiaries, associated companies, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or other types, for any loss of business, such as loss of data, profit, revenue, business, opportunity, goodwill, reputation or business interruption or losses that are not reasonably foreseeable by Fashion by Spain that arise directly or indirectly, by use or inability to use the Site or Services of Fashion by Spain. Fashion by Spain does not guarantee that use of the Website will be uninterrupted or free from defects and viruses or that the information is current. Fashion by Spain is not responsible if your computer system is somehow damaged or affected by the use of this Website, or any website linked to it.

To the extent permitted by applicable law, we exclude all liability for any loss or damage (including, without limitation, the indirect loss, special, punitive or consequential damages) arising from the use or reliance on this Website if it is not caused by a negligent action or omission.

LINKING TO THIS WEBSITE AND EXTERNAL LINKS

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

This Website may contain links to other websites. Fashion by Spain is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Fashion by Spain. Inclusion of any linked website on the Fashion by Spain Services does not imply approval or endorsement of the linked website by Fashion by Spain. When you access these third-party sites, you do so at your own risk.

CONDITIONS OF PURCHASE

Then we detail the operation of purchasing and contracting conditions of the products offered on the Website. We advise you to carefully read them. Fashion by Spain reserves the right to modify the Terms and Conditions, changes prices, etc., in its sole discretion without prior notice. However, these modifications only affect the purchases/agreements which are carried out subsequently to the modifications made, in any case they will be apply to the purchases/agreements already adopted. By using this Web Site after any modifications or updates, you agree to comply with the Terms of modifications. To be eligible to purchase items on this Website, you must: (1) You are legal of age in your country of residence, (2) be previously registered at this Web site (see Privacy Policy), providing data that are required to do so in order to serve the ordered items, and creating an account where you have access to your orders, personal data, etc., (3) Warrant that the personal information which you are required to provide is true, accurate and current in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. By using this site you agree to comply with, and be bound by, these Terms.

MAKING A PURCHASE

After fulfilling the above requirements, you can access the purchase of the items offered for sale by the designers at this Web Site. While browsing the different sections of the Site, you will be able to be adding to your shopping bag items that interest you. Once you have added the items, go to the shopping bag and click on “Checkout” bottom. You will be guided through the process of placing an order by a series of instructions on the Website. Then you can choose one of the payment methods included in this Website. Once you have placed your order, we will send you a confirmation email with the details of your purchase. If you require any information regarding your order(s), you can get it through the section “My Account” at this Website, or please contact Fashion by Spain through the contact form or sending an email at ilove@fashionbyspain.es.

We may not accept your order if (1) an item you have ordered is out of stock, (2) we are unable to obtain authorization for your payment or (3) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion. If we are unable to fulfill your order following our order acknowledgement, we will contact you by email advising you of this. We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular item will always be available. If we can't supply any item you will receive a full refund of that item by the same method payment you used (except in special cases).

ITEM INFORMATION

All products offered for sale on this Website provide a description of its features, as well as photographs of them. This information is provided directly by sellers who make it. In case of error or inaccuracy in them please contact us.

Among the products offered for sale on this Website, you can find items made to order. Please state correctly all the measurements required. These items cannot be returned.

PRICING

The price of each product will be as stipulated at each time on our Website, except in cases of obvious error. Although we try to ensure that all prices listed on the Site are accurate, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be canceled and a full refund will have already paid. We will not be obliged to supply any product to the incorrect lower price (even though we've just sent the email confirmation of your order) if the pricing error is obvious and unmistakable and could have been recognized in a reasonable way by you as incorrect price. Prices may change at any time, but (except as noted above) changes will not affect orders in respect of which we have already sent an order confirmation.

All prices listed in items offered for sale on this Website are inclusive of VAT at the current rate and are quoted in Euros. Any indication of price in other different currency will be an approximate conversion because each currency is subject to a general fluctuation depending on the exchange rate at the time it was entered.

The shipping costs will be charged additionally. These additional costs are clearly displayed where applicable and included in the total cost. Note that each seller will charge its own shipping costs. For example, if you buy two items from different sellers you must pay the shipping costs established for each of these sellers (see Shipping Policy). The final price of the items and shipping costs will be calculated in the shopping bag depending on the delivery address.

Fashion by Spain does not charge any fee for opening an account, browse or buy, nor charges a fee to the sellers for showing items on this Website. Fashion by Spain, however, charges fees to sellers for selling items on the Site (see Designers Policy). We reserve the right to change our fees policy at any time and for any reason, so you should review these Terms and our fees policy regularly. Changes in our fees policy shall become effective 30 days after we publish on the Website.

PAYMENT

Fashion by Spain becomes a payment intermediary between buyer and seller. Fashion by Spain retains this payment until the delivery and withdrawal period that the buyer has is finished (see Shipping and Return Policies). In case of return is required, Fashion by Spain commits to it using, except in special cases, the same method payment used in the order, and as soon as possible. Fashion by Spain operates using the PayPal system. This means that you can purchase items at this Site using your PayPal account or your debit/credit card, for this you have to maintain a valid PayPal account (see PayPal conditions). Please note that the payment of your purchases on this Site is in Euros (see currency conversions of PayPal). We take reasonable precautions to make sure our Website. Moreover, we will take all reasonable measures, to the extent that is in our power to do so, to keep the details of your order and payment secure. But in the absence of negligence on our part, we are not responsible for any losses that may suffer if a third-party procures unauthorized access to any data you provide when you access or order from the Site.

If for any reason your payment authorization is refused, or subsequently is refused, we will not be responsible for any delay or non-delivery. Fashion by Spain and sellers retain the legal ownership of the items until you have made full payment and such payment has been received by Fashion by Spain. Legal ownership of the items will pass immediately to their respective sellers if we refund any payment to you.

SHIPPING

Sellers who offer for sale their products at Fashion by Spain are in charge and responsible for sending the items purchased by the buyer. Each seller sets its own policies shipping. You can see the policies of each seller in the product file. If in the same purchase you acquire items from different designers, you should read the shipping policy of each designer and pay the listed shipping rates for each of them. Please check our Shipping Policy

Orders will be sent to the address provided by you; we do not accept a P.O. Box as a valid shipping address. Fashion by Spain and sellers assume no responsibility if the delivery of a product/s or services not come to fruition as a result of the data provided by the User is false, inaccurate or incomplete or if delivery cannot be made for reasons beyond Fashion by Spain and designers, such as the absence of the recipient.

To optimize the delivery is recommended that you provide an address where the order can be delivered during business hours. When you receive your order, carefully check the package and refuse it if it shows clear signs of having been opened or is in bad condition. In that case, make a claim to the carrier and send us a copy of the complaint. Please, place your order with enough lead-time to prevent any loss or disappointment resulting from the delivery time, since we cannot be responsible for this. If your order cannot be delivered within the time frame specified at the time the order is placed we will notify you as soon as possible. The estimated delivery times are to be used as a guide only and commence from the date of shipment. Fashion by Spain and Sellers are not responsible for delays caused by third parties. You are entitled to be returned full money of your order, by the same method of payment (subject to exceptions), if it takes more than 30 days. All new orders are deemed separate and each is treated individually.

CUSTOMS DUTIES AND TAXES

Please note that your purchase may be subject to import duties and taxes which are levied once the goods reach the country of destination. You agree that Fashion by Spain or sellers have no control over additional charges in relation to customs clearance. Any such charges levied in relation to customs clearance must be carried out by you. If you refuse the order you will have to be responsible for the original shipping charges, cost of return shipping, and any tax or customs charge applied to your order, this amount being deducted from the refund of the order. Fashion by Spain recommended that you consult with your local customs authorities or post office for more information on taxes / duties that may be applicable to your online order import.

Force Majeure: Fashion by Spain and its designers shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond its reasonable control.

RETURNS AND REFUNDS

Each seller sets their own return policies, which the buyer must consult and agree before buying any item. If on one purchase you purchase products from different designers, you should read the return policy of each designer. In order to ensure the satisfaction of buyers and designers, Fashion by Spain establishes basic policies.

Condition of items to be returned. To return an item, it must be in the same condition, with the original tags and with all the accessories with which it was sent to you. No item with any indication that it was used, modified or is not in the original condition will not be accepted. Items made to order cannot be returned except if the item is damaged, defective or incorrect (color, size, different item…).

14 days return / withdrawal time. By law, all buyers can return most items within 14 calendar days of receipt. We will issue a full refund, including original delivery charges. Returns outside these time frames may be accepted at the discretion of Fashion by Spain and the corresponding designer. After reporting to Fashion by Spain the desire to return, the buyer has 14 calendar days to deliver the return to the respective/s designer/s to the return address/es indicated. Fashion by Spain and the designers reserve the right to accept returns outside this time frames.

All returns must be notified to Fashion by Spain. Fashion by Spain and the designers reserve the right to accept packages that have been sent without notice or different to the established mode. Not pre-paid/ freight collect shipments will not be accepted. If you are sending a return to COD or any other method that involves expenses to the designer or Fashion by Spain will be deducted from the refund amount if appropriate.

The return will be refunded within the 14 calendar days from the date which the buyer informed Fashion by Spain his/her decision to return. Fashion by Spain may withhold the reimbursement until the designer has received and checked the return. Except in special cases, refunds will be made in the same method of payment used for the purchase. In any case customs taxes or import duties or any other fees associated with customs clearance will be refunded. Note that through no fault of Fashion by Spain and the designers, once processed the refund make take several days for it to display on your account, credit card or debit card statement. Fashion by Spain and the designers are not responsible for delays in reimbursements due to causes beyond them.

For more detailed information and know how to make a refund check our Returns Policy.

CLOSE YOUR USER ACCOUNT

Buyers and sellers can terminate your user account in Fashion by Spain at any time without penalty. To close your user account you should send your personal data to Fashion by Spain through ilove@fashionbyspain.es email, or via postal mail to the address FASHION BY SPAIN, Avenida Ciudad de Barcelona 144, 1 º C izq., 28007 Madrid, Spain. Once you have contacted us, we will close your account as soon as possible. If it’s applicable, once the appropriate fee has been paid to Fashion by Spain, we will not refund all or part of that fee.

CUSTOMER SERVICE

To contact Fashion by Spain you can do so via the contact form available on this Site or via email to ilove@fashionbyspain.es.

INDEMNITY

You agree to indemnify and hold Fashion by Spain, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Fashion by Spain Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Fashion by Spain Website or through the Fashion by Spain Services, provided that this was caused by culpable conduct.

MODIFICATION

Fashion by Spain shall have the right, in its sole discretion, at any time and without notice to amend, withdraw or amend the service terms or any other content on this Website.

INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

CLAIMS

In order to send us any claim or comments you may have, we offer you a Complaint Forms which they may be requested at ilove@fashionbyspain.es

DISPUTE RESOLUTION AND RELEASE OF FASHION BY SPAIN

If you believe there is a dispute between you and Fashion by Spain, please contact us at ilove@fashionbyspain.es. You must provide a written notice to Fashion by Spain about any dispute between you and Fashion by Spain, properly identifying and describing all the details of the dispute.

In the case of not achieving a satisfactory resolution of the dispute, you agree to go to mediation to resolve the conflict before proceeding with any legal action to the extent permitted by law. You agree that any legal proceedings relating to the dispute shall be taken by you unless the mediation process has concluded. Any controversy or claim will go to mediation individually and not grouped in any mediation process with any claim or controversy of any other party.

In the case of a dispute between you and one or more users of this Web Site or any third party as a result of your use of the Site or the Services of Fashion by Spain, you will release Fashion by Spain (and its officers, directors, employees, agents, subsidiaries and associates companies) of any and all liability including claims, damages (actual and consequential) arising out of or in any way connected with such disputes. It is entirely your responsibility to resolve any dispute. Fashion by Spain reserves the right, but has no obligation, to monitor disputes and / or act as mediator in the conflict between you and other users. You agree to handle discrete, peaceful and without disturbing other users, any dispute between you with Fashion by Spain, any other user of this Web Site and / or any third party as a result of your use of the Site or the Services of Fashion by Spain, and accept your willingness and readiness to resolve such disputes.

DISCLAIMER

If you breach these conditions but we do not take action on them, we may continue to exercise our rights and remedies in any other situation where you breach these Conditions.

ENTIRE AGREEMENT

These Terms and Conditions together with the current prices of Fashion by Spain, delivery details and contact details of Fashion by Spain, constitute the entire agreement of the parties and supersedes all preceding and contemporaneous agreements between you and Fashion by Spain. These Terms and Conditions may not be modified except in writing and signed by a Director of Fashion by Spain.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions are to be constructed in accordance with the laws of Spain and in the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Spanish courts. Without limiting the foregoing and for shipments made to final consumers with legal residence outside the Spanish territories and the extent applicable, the laws of the domicile of the final consumer also apply.