Terms of Sale

1. GENERAL INFORMATION

The owner of this website, fametown.com (hereinafter the Website), is Eusebio Enrique Barriga Ortega, Tax ID: 71875600W, and his contact details are:

Address: Calle Narváez 10 – 5º D

Contact phone: 659230854

Contact email: [email protected]

This document (together with any other documents referenced herein) governs the terms under which this Website (fametown.com) and the purchase or acquisition of products and/or services on it are used (hereinafter, the Terms).

For the purposes of these Terms, the activity that Fametown carries out through the Website is understood to include:

Subscription to Enjoy All Content on the Website

In addition to reading these Terms, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the Fametown privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and by all of the above. If you do not agree to all of this, you must not use this Website.

Please note that these Terms may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as the terms in effect at the time a product and/or service is ordered will apply.

For any questions the User may have regarding these Terms, they may contact the owner using the contact details provided above or, where applicable, using the contact form.

2. THE USER

Accessing, browsing and using the Website confers user status (hereinafter referred to, individually, as User or, collectively, as Users). Accordingly, from the moment you begin browsing the Website, all Terms set forth herein, as well as any subsequent modifications, are accepted, without prejudice to the application of the applicable legal regulations that are mandatory in each case.

The User is responsible for using the Website properly. This responsibility extends to:

• Use this Website only to make inquiries and purchases or acquisitions that are legally valid.

• Do not make any false or fraudulent purchases. If a purchase of this kind could reasonably be considered to have been made, it may be canceled and the relevant authorities will be notified.

• Provide truthful and lawful contact details, such as an email address, postal address and/or other information (see Legal Notice and General Terms of Use).

The User declares that they are over 18 years old and have the legal capacity to enter into contracts through this Website.

The Website is aimed primarily at Users residing in Spain. Fametown does not guarantee that the Website complies with the laws of other countries, either fully or partially. Fametown disclaims all liability that may arise from such access, and does not guarantee shipments or service provision outside Spain.

The User may enter into a sales contract with Fametown for the desired products and/or services, at their choice, in any of the languages in which these Terms are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users can make purchases on the Website through the methods and options provided. They must follow the online purchase process at fametown.com, during which one or more products and/or services can be selected and added to the cart, basket or final checkout area and, finally, click on: "Subscribe"

The User must also fill in and/or check the information requested at each step; however, during the checkout process, before making payment, purchase details may be modified.

Next, the User will receive an email confirming that Fametown has received their order or purchase request and/or service request, i.e., the order confirmation. Where applicable, the User will also be notified by email when their purchase is being shipped.

Once the purchase process is complete, the User agrees that the Website will generate an electronic invoice that will be sent to the User by email. Likewise, if the User wishes, they may obtain a paper copy of their invoice by requesting it from Fametown through the contact areas of the Website or using the contact details provided above.

The User acknowledges that, at the time of purchase, they are aware of certain specific sales terms related to the product and/or service in question, which are displayed alongside its presentation or image on its page on the Website. These terms indicate, by way of example but not limitation, and as applicable to each case: name, price, components, weight, quantity, color, product details or features, the manner in which the services will be provided, and/or their cost. The User also acknowledges that placing a purchase order constitutes full and complete acceptance of the specific sales terms applicable to each case.

Communications, purchase orders, and payments made during transactions on the Website may be archived and stored in Fametown's computer records to serve as evidence of the transactions. In all cases, this will respect reasonable security conditions and the applicable laws and regulations, particularly Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, as well as the rights Users have under this Website's privacy policy.

4. AVAILABILITY

All purchase orders received by Fametown through the Website are subject to product availability and/or to no circumstance or force majeure event (clause nine of these Terms) affecting their supply and/or the provision of services. If there are difficulties supplying products or products are out of stock, Fametown will contact the User and refund any amount that may have been paid for the order. This will also apply in cases where providing a service becomes impossible.

5. PRICING AND PAYMENT

The prices shown on the Website are final, in euros (€), and include taxes, unless legal requirements, especially regarding VAT, state or require otherwise.

However, unless otherwise stated on a specific basis, the prices of the items offered exclude any shipping costs incurred, which will be added to the total amount due when the User arranges shipping. At that point, the User can review the available shipping methods and costs and freely choose the one that suits them best.

Under no circumstances will the Website automatically add extra costs to the price of a product or service; only those the User has voluntarily and freely selected and chosen will be added.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted payment methods are: Credit or debit card

Once Fametown receives the User's purchase order through the Website, a pre-authorization will be placed on the applicable card to ensure there are sufficient funds to complete the transaction. The card will be charged when the User is sent the shipping confirmation and/or the confirmation of the service provided in the appropriate manner and, where applicable, at the established location.

In any case, by clicking "Subscribe," the User confirms that the payment method used belongs to them.

6. DELIVERY

Where physical delivery of the purchased item is required, deliveries will be made within the following territory: Spain (Mainland and Balearic Islands)

Except in cases involving unforeseen or extraordinary circumstances or, where applicable, arising from product personalization, the purchase order for the products listed in each purchase confirmation will be delivered within the period stated on the Website according to the shipping method selected by the User and, in any case, within a maximum of 30 calendar days from the date of order confirmation.

If, for any reason attributable to Fametown, it cannot meet the delivery date, it will contact the User to inform them of this and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.

If it is impossible to deliver the order because the User is absent, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange a new delivery.

If the User will not be at the delivery location during the agreed time slot, they must contact Fametown to arrange delivery for another day.

If 30 days pass after your order is available for delivery and it has not been delivered for reasons not attributable to Fametown, Fametown will assume that the User wishes to withdraw from the contract, and the contract will be considered terminated. As a result of the termination, all payments received from the User will be returned, except for any additional costs resulting from the User's own choice of a delivery method other than the least expensive standard delivery offered on the Website, without undue delay and in any case within a maximum of 14 calendar days from the date on which the contract is considered terminated.

However, the User should keep in mind that shipping resulting from the cancellation may carry an additional cost, which may be charged to the User.

For the purposes of these Terms, delivery is deemed to have occurred, or the order is deemed delivered, at the moment the User or a third party designated by the User takes physical possession of the products, which will be confirmed by signing for receipt of the order at the agreed delivery address.

Any risks associated with the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Fametown receives full payment of all amounts due for the purchase, including shipping costs, or upon delivery if it takes place after Fametown has received full payment.

In accordance with Law 37/1992 of December 28 on Value Added Tax (VAT), purchase orders for delivery and/or provision of services are deemed to be located within the scope of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time, depending on the specific item concerned.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is hereby informed that if they detect an error in entering the data required to process their purchase request on the Website, they may correct it by contacting Fametown through the contact areas enabled on the Website and, where applicable, through those enabled to contact customer service, and/or by using the contact details provided in clause one (General Information). Likewise, the User may also correct this information through their personal account on the Website.

In any case, before clicking “Subscribe,” the User has access to the cart or basket where their purchase requests are listed, and can make changes.

Likewise, the User is directed to review the Legal Notice and General Terms of Use and, in particular, the Privacy Policy for more information on how to exercise the right of rectification under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and under Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights.

8. RETURNS

If the User purchases products in or through the website of the owner, they are entitled to a number of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and is therefore entitled to cancel that purchase within 14 calendar days without having to provide a reason.

This withdrawal period will expire 14 calendar days after the day the User, or a third party authorized by the User (other than the carrier), takes physical possession of the goods purchased on the Fametown Website. If the goods in an order are delivered separately, it will expire 14 calendar days after the day the User, or a third party authorized by the User (other than the carrier), takes physical possession of the last of those goods. For service contracts, it will expire 14 calendar days after the day the contract is concluded.

To exercise this right of withdrawal, the User must notify Fametown of their decision. Where applicable, this can be done through the contact options available on the Website.

Regardless of the method the User chooses to communicate their decision, the User must clearly and unequivocally state that they intend to withdraw from the purchase contract. In any case, the User may use the withdrawal form template that Fametown provides as an attachment to these Terms; however, its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for the notice expressing the decision to withdraw to be sent before the corresponding deadline expires.

In the event of withdrawal, Fametown will refund the User for all payments received, including shipping costs (except for any additional costs incurred when the User chooses a shipping method other than the least expensive standard option offered on the Website), without undue delay and in any case no later than 14 calendar days from the date on which Fametown is informed of the User's decision to withdraw.

Fametown will refund the User using the same payment method the User used for the original purchase transaction. This refund will not incur any additional cost to the User. However, Fametown may hold the refund until it has received the purchased products or items, or until the User provides proof of having returned them, whichever condition is met first.

The User may return or send products to Fametown at:

The User must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Fametown was informed of the decision to withdraw.

The User acknowledges that they must bear the direct cost of returning the goods (shipping, delivery), if any is incurred. In addition, they will be responsible for any loss in value of the products resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would apply to: customized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their original wrapping, as sealed at the factory; products that are sealed for hygiene or health reasons and have been unsealed after delivery; and supply of digital content not provided on a physical medium.

The same applies to any service the User may purchase on this Website, since this same Law provides that the Right of Withdrawal does not apply to Users when the service has been fully performed, or when performance has begun, with the consumer and user's express consent and acknowledgment that, once the contract has been fully performed by Fametown, they will have lost their right of withdrawal.

In any case, no refund will be issued if the product has been used beyond simply opening it, if products are not in the same condition as when they were delivered, or if they have been damaged after delivery.

Likewise, products must be returned with all of their original packaging, instructions and any other accompanying documents, as applicable, along with a copy of the purchase invoice.

You can download the withdrawal form template using the link below:

Returns of defective products or shipping errors

These are all cases in which the User considers that, at the time of delivery, the product does not conform to what was agreed in the contract or purchase order, and therefore must contact Fametown immediately and notify it of the nonconformity (defect/error) through the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed how to return the products. Once returned, the products will be examined, and the User will be notified within a reasonable period of time whether a refund or, where applicable, a replacement is due.

The refund or replacement of the product will be processed as soon as possible and, in any case, within 14 days of the date we send you an email confirming that a refund or replacement of the non-conforming item is due.

The amount paid for any products that are returned due to a defect, where a defect actually exists, will be fully refunded, including delivery charges and any costs the User may have incurred to make the return. The refund will be issued using the same payment method the User used to pay for the purchase.

In all cases, the rights recognized under the legislation in force at any given time for the User, as a consumer and user, will always apply.

Warranties

As a consumer and user, the User is entitled to warranties on the products they purchase through this Website, under the terms legally established for each type of product. Fametown is therefore liable for any lack of conformity of the products that becomes apparent within three years of product delivery.

In this regard, products are deemed to conform to the contract provided that they: match the description provided by Fametown and have the qualities presented in it; are fit for the uses for which products of the same type are ordinarily intended; and show the quality and performance normally expected of a product of the same type. If this is not the case with products delivered to the User, the User must proceed as indicated in the section Returns of Defective Products or Shipping Errors. However, some products sold on the Website may have non-uniform characteristics, provided these derive from the type of material used to make them. Such characteristics will form part of the individual appearance of the product and will not be considered defects.

In addition, it may happen that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, if the User considers the product to be defective, they may also contact the brand or manufacturer responsible for the product to find out how to exercise their statutory warranty rights directly with them within three years of delivery of said products. To do so, the User must have kept all information related to the product warranty.

9. DISCLAIMER OF LIABILITY

Unless otherwise required by law, Fametown will not accept any liability for the following losses, regardless of their cause:

• any losses that are not attributable to any breach on their part;

• business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or

• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the purchase of the products between them was entered into.

Fametown also limits its liability in the following cases:

• Fametown takes all measures to provide an accurate display of the product on the Website; however, it is not responsible for minor differences or inaccuracies that may exist due to screen resolution, browser issues or other similar factors.
• Fametown will make every reasonable effort to hand the purchased product over to the shipping company. However, it is not liable for damages resulting from shipping malfunctions, especially due to causes such as strikes, road delays, and other common industry issues that may lead to delays, losses, or theft of the product.
• Technical failures that, due to accidental or other causes, prevent the normal operation of the service over the internet. Unavailability of the Website for maintenance or other reasons that prevents access to the service. Fametown makes every effort to carry out the purchase, payment and shipping/delivery process for the products; however, it is not liable for causes beyond its control, including force majeure or acts of God.
• Fametown is not responsible for misuse and/or wear of products that have been used by the User. Likewise, Fametown is not responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
• In general, Fametown will not be liable for any failure or delay in fulfilling any of its obligations when it is caused by events beyond its reasonable control, i.e., due to force majeure, which may include, without limitation:
  • Strikes, lockouts or other labor disputes.
  • Civil unrest, revolt, invasion, threat or terrorist attack, war (declared or undeclared), or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, ships, planes, motor vehicles or other means of transport, whether public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Accordingly, obligations will be suspended for as long as the force majeure event continues, and Fametown will be granted an extension of the deadline to fulfill them for a period equal to the duration of the force majeure event. Fametown will make all reasonable efforts to find a solution that allows it to meet its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Fametown will be electronic (by email or notices posted on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Fametown sends electronically meet the legal requirements of being in writing. This condition does not affect the rights the User is granted by law.

The User may send notices and/or communicate with Fametown using the contact details provided in these Terms and, where applicable, through the contact areas of the Website.

Likewise, unless otherwise stipulated, Fametown may contact and/or notify the User at their email address or the postal address provided.

11. WAIVER

Fametown's waiver of a specific legal right or action, or Fametown's failure to require the User's strict compliance with any of their obligations, shall not constitute a waiver of other rights or actions arising from a contract or from these Terms, nor shall it release the User from the performance of their obligations.

No waiver by Fametown of any of these Terms, or of any rights or claims arising from a contract, will be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. INVALIDITY

If any of these Terms are declared null and void by a final ruling of a competent authority, the remaining clauses will remain in force and will not be affected by such declaration of nullity.

13. ENTIRE AGREEMENT

These Terms and any document expressly referenced herein constitute the entire agreement between the User and Fametown regarding the subject of the sale and supersede any prior agreement, understanding or promise, whether oral or written, made by the same parties.

The User and Fametown acknowledge that they have entered into this contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms.

14. DATA PROTECTION

Any personal information or data that the User provides to Fametown in the course of a transaction on the Website will be processed in accordance with the Privacy Policy or data protection policy (included, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information and data they provide is truthful.

15. GOVERNING LAW AND JURISDICTION

Access to, browsing of, and/or use of this Website, as well as product purchase agreements made through it, are governed by Spanish law.

Any dispute, problem, or disagreement arising from or related to access to, browsing of, and/or use of the Website, or to the interpretation and performance of these Terms, or to the sales contracts between Fametown and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

Users can send Fametown any complaints, claims, or other comments they wish to make through the contact details provided at the beginning of these Terms (General Information).

In addition, Fametown provides official complaint forms for consumers and users, which they may request from Fametown at any time using the contact details provided at the beginning of these Terms and Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between Fametown and the User, the User, as a consumer, may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, which amends Regulation (EC) 2006/2004 and Directive 2009/22/EC. They can access this method through the following website: https://ec.europa.eu/consumers/odr/.