Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions the following definitions apply:

Cooling-off period:
The period within which the consumer may exercise their right of withdrawal.

Consumer:
The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader.

Day:
Calendar day.

Long-term transaction:
A distance contract relating to a series of products and/or services, where the obligation to deliver and/or receive is spread over time.

Durable medium:
Any means that enables the consumer or the trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal:
The possibility for the consumer to withdraw from the distance contract within the cooling-off period.

Trader:
The natural or legal person who offers products and/or services to consumers at a distance.

Distance contract:
A contract concluded within the framework of a system organized by the trader for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.

Means of distance communication:
A means that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same place.

General Terms and Conditions:
The present General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Company name: FAERA-madrid.com
Business address: Tzon kennenti 2, 17343, Agios Dimitrios, Athens Greece
Email: support@FAERA-madrid.com
VAT identification number: 190507044

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and orders concluded between trader and consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of deviation from the previous paragraph, also be supplied electronically in such a way that the consumer can store it in a simple manner on a durable medium.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms, the consumer may always invoke the most favorable provision.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the provision concerned will be replaced by a provision that approximates the original intent as closely as possible.

Situations not regulated in these terms and conditions should be assessed “in the spirit” of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions should also be explained “in the spirit” of these terms and conditions.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. If the trader uses images, these are a truthful representation of the products and/or services. Obvious mistakes or obvious errors in the offer do not bind the trader.

All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.

Each offer contains sufficient information for the consumer to clearly understand the rights and obligations attached to accepting the offer. This includes in particular:

  • The price (excluding customs clearance costs and import VAT, which are borne by the customer).

  • Any shipping costs.

  • The way in which the contract will be concluded and what steps are required.

  • Whether or not the right of withdrawal applies.

  • The method of payment, delivery, and execution of the contract.

  • The period for accepting the offer or the period within which the trader guarantees the price.

  • The rate of distance communication if it differs from the basic rate.

  • Whether the contract will be archived and how it can be accessed by the consumer.

  • The way the consumer can check and correct data before concluding the contract.

  • The languages, besides Dutch, in which the contract may be concluded.

  • Codes of conduct to which the trader has committed and how the consumer can consult them electronically.

  • The minimum duration in case of a long-term transaction.

  • Optional: available sizes, colors, type of materials.

Article 5 – The contract

The contract is concluded at the moment the consumer accepts the offer and complies with the associated conditions.

If acceptance is made electronically, the trader will promptly confirm receipt of the acceptance. As long as receipt has not been confirmed, the consumer may dissolve the contract.

The trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment.

The trader may check the consumer’s ability to meet payment obligations and other relevant facts. If the trader has good reason, they may refuse an order or attach special conditions.

The trader will provide the consumer, with the product or service, the following information in writing or on a durable medium:

  1. Contact address for complaints.

  2. Conditions and manner of exercising the right of withdrawal, or clear notice of its exclusion.

  3. Information about warranties and after-sales service.

  4. Data from Article 4 paragraph 3, unless already provided.

  5. Requirements for termination in contracts of more than one year or indefinite duration.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to dissolve the contract within 14 days without giving reasons. This period starts the day after the consumer or a designated representative receives the product.

During this period the consumer must handle the product and packaging with care and return it in its original condition and packaging.

Withdrawal must be notified in writing (email or letter) within 14 days. After notification, the consumer has a further 14 days to return the product.

If no notification or return is made within these periods, the purchase becomes binding.

Article 7 – Costs in case of withdrawal

The costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the trader will refund it as soon as possible and no later than 14 days after withdrawal, provided the product has been received or proof of return has been supplied.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the right of withdrawal for certain products or services, provided this is clearly stated in the offer.

Possible exclusions for products:

  1. Made to consumer specifications.

  2. Clearly personal in nature.

  3. Not returnable due to their nature.

  4. Perishable or quickly aging.

  5. Subject to financial market fluctuations beyond the trader’s control.

  6. Newspapers and magazines.

  7. Audio/video recordings or software with broken seal.

  8. Hygiene products with broken seal.

Possible exclusions for services:

  1. Accommodation, transport, catering, or leisure activities on a specific date or period.

  2. Services that have started with the consumer’s express consent before the cooling-off period has expired.

  3. Bets and lotteries.

Article 9 – The price

Prices will not be increased during the validity period of the offer, except for changes in VAT.

Prices subject to market fluctuations may vary, provided this is stated in the offer.

Price increases within 3 months of concluding the contract are only allowed if required by law. After 3 months, increases are only allowed if agreed, and the consumer may terminate the contract from the date the increase takes effect.

Delivery outside the EU may be subject to import VAT and clearance costs, charged by the postal or courier service.

Obvious misprints or typographical errors do not bind the trader.

Article 10 – Conformity and warranty

The trader guarantees that products and/or services comply with the contract, the specifications stated in the offer, and legal requirements existing at the time of conclusion.

Defects or incorrectly delivered products must be reported in writing within 14 days and returned in original packaging.

The warranty equals the manufacturer’s warranty. The trader is not responsible for the suitability of products for individual purposes or for advice regarding use.

The warranty does not apply if:

  • The consumer has repaired or modified the product themselves or had it done by third parties.

  • The products were exposed to abnormal conditions or used contrary to instructions.

  • Defects result from government regulations concerning the nature or quality of materials.

Article 11 – Delivery and performance

The delivery address is the one provided by the consumer.

Orders will be executed as soon as possible and no later than 30 days, unless otherwise agreed. In case of delay, the consumer may dissolve the contract.

If delivery is impossible, the trader will provide a replacement product, clearly stating it. The right of withdrawal still applies.

The risk of loss or damage rests with the trader until delivery to the consumer or designated representative.

Article 12 – Long-term transactions: duration, termination, and renewal

Termination:

  • Consumers may terminate indefinite contracts for regular delivery with a maximum notice of one month.

  • Fixed-term contracts may be terminated at the end of the term with the same notice.

Renewal:

  • Fixed-term contracts cannot be tacitly renewed.

  • Exception: newspapers/magazines may be tacitly renewed for up to 3 months, with right of termination.

  • Long-term contracts may only be tacitly renewed indefinitely if the consumer may terminate with one month’s notice (three months if delivered less than once a month).

  • Trial or introductory subscriptions end automatically.

Duration:
Contracts longer than one year may be terminated by the consumer after one year with one month’s notice.

Article 13 – Payment

Unless otherwise agreed, amounts owed must be paid within 7 working days after the start of the cooling-off period.

The consumer must immediately report inaccuracies in provided payment details.

In case of non-payment, the trader may charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints procedure

Complaints must be submitted to the trader within 7 days after the consumer detects the defects, clearly and completely described.

The trader will respond within 14 days. If more time is needed, the trader will acknowledge receipt and indicate when a detailed response can be expected.

If the complaint cannot be resolved by mutual agreement, a dispute arises subject to the applicable dispute resolution scheme.

A complaint does not suspend the consumer’s obligations unless the trader confirms otherwise in writing.

If the complaint is well-founded, the trader will replace or repair the product free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Spanish law, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced in 2024 relating to the Law amending the Value Added Tax Act 1968 (implementation of the Payment Services Directive) and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.