1. Introduction

This document contains the Conditions governing the use of this website and the contract that binds us both – You and us – (hereinafter the “Conditions”). These Conditions establish the rights and obligations of all users (hereinafter “You” / “your”) and those of FOKKERS (hereinafter “we” / “our” / “the Seller”) in relation to the products / services that we offer through this website or any other website to which we can redirect via a link (hereinafter collectively referred to as the “Silbon Services”). We kindly ask you to read these Conditions and our top10 Declaration carefully before clicking on the “Authorize payment” button to place your order. By using this website or placing an order through it, you agree to be bound by these Conditions and by our top10 Declaration, therefore, if you do not agree with all the Conditions and with the top10 Declaration, do not you must make any order.

These Conditions could be modified, so you should read them before placing each order.

If you have any questions related to the purchase conditions or the privacy policy, you can consult our website or contact us through our contact form. Rafael Escuer López, which operates under the name Fokkers, is a Spanish company with registered office at C / Alicante n20A 5 * 03440 Ibi (Alicante), Spain and CIF 15422837A.

2. Use of our website

These Conditions are the only conditions applicable to the use of this website and supersede any other, except with the express prior written consent of the Seller. These Terms are important to both you and us as they have been designed to create a legally binding agreement between us protecting your rights as a customer and our rights as a company. You declare that, when placing your order, you have read and accept these Conditions without reservation.

You agree that:

You can only use the website to make legally valid inquiries or orders.

You will not be able to place any speculative, false or fraudulent order. If we have reasonable grounds to believe that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.

You are also obliged to provide us in a certain and correct way your email address, postal address and / or other contact information and you agree that we may use this information to contact you if necessary (see our Privacy Statement ).

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you guarantee that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.

3. Availability of the service

The articles offered through this website will only be available in the following Member States of the European Union: Germany (except the island of Heligoland and the city of Büsingen), Spain, France (except the Overseas Departments), Italy (except San Marino, Liviano, Campione d’Italia and the waters of Lake Lugano), Portugal and the United Kingdom.

4. How the contract is formalized

This information and the details contained in this website do not constitute an offer to sell, but rather an invitation to do business. There will be no contract 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 a charge has already been made to your account, the amount thereof will be refunded in full.

To place an order, you must follow the online purchase procedure and click on “Authorize payment”. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Note that this does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance and we will confirm such acceptance by sending you an email confirming that the product is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between us (Contract) will be formalized only when we send you the Shipping Confirmation.

Only those products listed in the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any other products that may have been ordered until we confirm their shipment in a separate Shipping Confirmation.

5. Availability of products

All product orders are subject to their availability and, in this sense, if there are difficulties in terms of their supply, or if there are no items in stock, we reserve the right to provide you with information about quality substitute products. and a value equal to or greater than that you can order. If you do not wish to order these substitute products, we will refund any amount that you may have paid.

6. Refusal to process an order

We reserve the right to withdraw any Product from this website at any time and / or to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent the Order Confirmation, and we reserve the right to do so at any time, in our sole discretion.

We will not be liable to you or to any third party for removing any product from this website, regardless of whether said product has been sold or not, removing or modifying any material or content on the website, or for refusing to process an order once we have sent you the Order Confirmation.

7. Right to cancel the purchase

If you are contracting as a consumer, you may withdraw from the Contract at any time within a period of 7 working days from the receipt of your order. In this case, the price paid for such products will be refunded in accordance with our Returns Policy (see Clause 13).

Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them. It should also include all the instructions, documents and packaging of the products. No refund will be made if the product has been used or if it has suffered any damage, so you should be careful with the product (s) while they are in your possession.

Please treat the products with reasonable care while they are in your possession and save, if possible, the original boxes and packaging in case of return. You will find more details about this right recognized by law, as well as the explanation on how to exercise it in clause 13 of these Conditions, and a summary of it when you receive the Shipping Confirmation.

This provision does not affect the rights recognized to the consumer by current legislation.

8. Delivery

Without prejudice to the provisions of Clause 5 above and unless extraordinary circumstances occur, we will try to send the order for the product (s) listed in the Shipping Confirmation before the delivery date that appears in the Shipping Confirmation or , if no delivery date is specified, within 15 days from the date of the Shipment Confirmation.

The delay may be due to the following reasons:

Product customization;

Specialized articles;

Unforeseen circumstances;

Delivery area;

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note in any case that we do not deliver on Saturdays or Sundays.

For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the product / s have been “delivered” at the time of signing the receipt of the same at the agreed delivery address.

9. Impossibility of delivery

If it is impossible for us to make the delivery after two attempts, we will try to find a safe place to leave the package. We will leave you a note explaining where your package is and how to pick it up. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.

10. Transfer of risk and ownership

The risks of the Products will be your responsibility from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (according to the definition contained in clause 8), if this took place at a later time.

11. Price and payment

The price of the products will be the one stipulated at all times on our website, except in the case of a manifest error. Although we try to ensure that all prices on the page are correct, errors can occur. If we discover an error in the price of the products 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 considered canceled and the amounts paid will be fully refunded.

We will not be obliged to supply you with the product (s) at the incorrect lower price (even if we have sent you the Shipment Confirmation) if the error in the price is obvious and unambiguous and could have been reasonably recognized by you as an incorrect price.

The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Shipping Cost Guide.

Prices may change at any time, but (except as stated above) possible changes will not affect orders for which we have already sent you a Shipping Confirmation.

Once you have made your purchases, all the items you want to buy will have been added to your basket and the next step will be to process the order and make the payment. To do it:

Click on the “Shopping Cart” button at the top of the page.

Click on the “View Cart” button.

Click on the “Checkout” button.

Fill in or check the contact information, the details of your order, the address to which you want the order to be sent and the address to which the invoice will be sent.

Choose your payment method.

Click on “Authorize Payment”

You can make payment with Visa, Mastercard, American Express cards. To minimize the risk of unauthorized access, your credit card details will be encrypted.

If your means of payment is Paypal, the charge will be made when we confirm the order.

By clicking on “Authorize Payment” you are confirming that the credit card is yours.

We use “Comodo” to ensure that the payment has been made safely.

Credit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

12. Value added tax

In accordance with current regulations, all purchases made through the website will be subject to Value Added Tax (VAT), except those destined for the Canary Islands, Ceuta and Melilla.

In this regard and, in accordance with Chapter I of Title V of Council Directive 2006/112, of November 28, 2006, relating to the common VAT system, deliveries will be understood to be located in the Member State that appears in the delivery address of the articles, the applicable VAT being the rate legally in force in each Member State of destination of the articles that has been consigned in each order.

In accordance with the applicable regulations in each jurisdiction, in the deliveries of goods made in certain member countries of the European Union to a business or professional recipient, the rule of “investment of taxable person” could be applicable (article 194 of Directive 2006 / 112) which would imply the non-payment of VAT by us, without prejudice to the obligation of the recipient to self-charge the tax accrued in the operation.

In orders destined for the Canary Islands, Ceuta and Melilla, deliveries would be exempt from VAT by application of the provisions of article 146 of the aforementioned Directive, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each one of them.

13. Liability and disclaimer

Our liability in relation to any Product purchased on our website will be strictly limited to the purchase price of such Product.

Nothing in these Purchase Conditions excludes or limits in any way our liability:

In the event of death or personal injury caused by our negligence;

In case of fraud or fraudulent misrepresentation;

In any matter where it is illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the provisions of the preceding paragraph and to the extent permitted by law, and unless otherwise provided in these Conditions, we will not accept any liability for indirect damages that occur as a secondary effect of losses or major damages, that occur in any way, and whether caused by civil unlawful (including negligence), breach of contract or others, even if they could have been foreseen, including without limitation the following:

Loss of income or sales;

Loss of business;

Loss of profits or loss of contracts;

Loss of anticipated savings;

Data loss;

Loss of management time or office hours.

All descriptions of products, information and materials on this website are provided “as is” and without express, implicit or otherwise derived warranties.

To the extent possible as permitted by law, we exclude all warranties leaving safe those warranties that cannot be legitimately excluded from consumers.

The provisions of this clause will not affect your rights recognized by law as a consumer, nor your right to withdraw from the Contract.

14. Intellectual property

You acknowledge and consent that all copyright, trademark and other intellectual property rights on the materials or content that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may make use of such material only in the way that we or those who have granted us a license for its use expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.

15. Written communications

Applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

16. Notifications

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 16 and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.

It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

17. Assignment of rights and obligations

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

You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent.

We may transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that you have as consumers recognized by law or will cancel, reduce or limit in any other way the express or implied guarantees that we could have granted you.

18. Events beyond our control

We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, the cause of which is due to events that are beyond our reasonable control (“Force Majeure Cause”).

The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and will include in particular (without limitation) the following:

Strikes, lockouts or other industrial action.

Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparations for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.

Inability to use public or private telecommunication systems.

Acts, decrees, legislation, regulations or restrictions of other governments.

Strike, failures or accidents of maritime or river transport, postal or any other type of transport.

It will be understood that our obligation to comply under any Contract will be suspended during the period in which the Force Majeure continues, and we will have an extension in the term to fulfill our obligation for the duration of such period. We will use all reasonable means to end the Force Majeure Event or to find a solution by which we can fulfill our obligations under the Contract despite the Force Majeure Event.

19. Waiver

If, during the term of a Contract, we stop insisting on strict compliance with any of the obligations assumed by virtue of it or any of these Conditions, or if we stop exercising any of the rights or resources that we are empowered to exercise or filed by virtue of said Contract or these Conditions, such fact will not constitute a waiver of said rights or remedies nor will it exonerate you from complying with such obligations.

Waivers we make to require compliance will not constitute a waiver on our part to require subsequent compliance.

No waiver by us of any of these Conditions will take effect, unless it is expressly stipulated that it is a waiver and it is communicated to you in writing in accordance with the provisions of the Notifications section above.

20. Severability

If any of these Conditions or any provision of a Contract are considered invalid, illegal or unenforceable to any extent by the competent authority, they will be separated from the remaining conditions and provisions that will continue to be valid to the extent permitted by law.

21. Integrity of the contract

These Conditions and any document to which express reference is made in them constitute the entire agreement existing between you and us in relation to the object of the Contract and replace any other previous pact, agreement or promise agreed between you and us verbally or by written.

You and we acknowledge having agreed to enter into this Agreement without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Agreement, except as expressly stated. mentioned in these Conditions.

Neither you nor we will have recourse against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only remedy available to the another party will be for breach of contract in accordance with the provisions of these Conditions.

22. Our right to modify these conditions

We have the right to review and modify these Conditions at any time.

You will be subject to the policies and Conditions in force at the time you place each order, except that by law or decision of government agencies we must make changes to said policies, Conditions or Privacy Statement, in which case, possible changes will also affect the orders that you have previously made.

23. Applicable law and jurisdiction

Product purchase contracts through our site will be governed by Spanish legislation.

Any controversy that arises or is related to said contracts will be subject to the non-exclusive jurisdiction of the courts and tribunals of Alicante.

If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.

24. Comments and suggestions

Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form.

25. Purchase guarantee

The items offered on this website are a selection of products from the FOKKERS collection and meet the same quality and guarantee requirements as the products offered for sale in FOKKERS stores.

[Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (BOE no. 287, of 11-30-2007, pp. 49181-49215)]

Each product is accompanied by the following information:

Article name

Image / s of the article

Description of the article

Sizes and colors * available

Composition

Price

* Fokkers has made an effort to show the colors of the garments as close to reality as possible. However, the color of the clothes that appear on the screen may be subject to variations depending on the quality of your computer monitor. In this sense, FOKKERS cannot guarantee that the colors that appear on your monitor will be faithful to reality.