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TERMS AND CONDITIONS OF CONTRACT - FUZZYARD

This platform (hereinafter, “the Platform”) is under the ownership of INTERLYNX DISTRIBUTION S.L. (hereinafter, “FuzzYard” or “we”), an entity with registered office at Calle Manresa 236 08226, Terrassa (Barcelona), Spain and registered in the Barcelona Mercantile Registry, with the following registration details: Volume 44820 Folio 59 Sheet 468481.

PLEASE TAKE A FEW MINUTES TO READ OUR TERMS AND CONDITIONS FOR THE CONTRACTING OF SERVICES. IT WON'T TAKE YOU LONG.

1. DESCRIPTION OF SERVICES OFFERED

The FuzzYard Platform allows customers to browse and purchase products marketed on the Website. INTERLYNX acts as a distributor of the products offered through the Platform.

These General Terms and Conditions of Contract (hereinafter, "GTC") apply to the contracting of products advertised through the FuzzYard Platform by the client. Therefore, each time you are going to make a contract, it is recommended that you carefully and in detail read these GTC, as well as the specific conditions, as they are binding on the client, in accordance with the Spanish regulations applicable to these cases.

The contract implies acceptance of the following:

  • That you are interested in contracting the products offered through the FuzzYard Platform, having sufficient legal capacity for these purposes. All of this in accordance with the terms set forth in these conditions.
  • The express declaration of having read, understood, and accepted, without reservation, these "GTC", made available to you at all times and prior to contracting.
  •  The valid conclusion of a contract between the parties in accordance with these conditions and applicable law and, therefore, your commitment to pay the corresponding fees and payments, as this is a sale of products with a payment obligation.

  • The acceptance of any notices, regulations of use, and instructions that may be made known to you at https://fuzzyard.es/ Non-acceptance will be equivalent to or understood by the parties as withdrawal from these general conditions on your part and, consequently, will entail the termination or resolution of these.
  • The language in which the contract between the parties is formalized and the contracted services are provided will be Spanish.

2. APPLICABLE REGULATIONS

The relationship between the parties will be governed by the formalization of an electronic contract in accordance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE) and by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users (TRLDCU)

3. CUSTOMERS

Platform customers who wish to purchase products must be at least  eighteen (18) years of age or, in the case of minors, be legally emancipated and, in any case, have sufficient legal capacity to enter into a valid contract. Likewise, by accepting these terms, you declare that all the information you provide to access FuzzYard, before and during its use, is true, exact, complete and precise.

As a customer, you are solely responsible for the truthfulness and accuracy of the data provided during both the registration and purchase processes. However, we may, at any time, request any necessary supporting documentation in order to verify compliance with this condition.

Any interested customer may purchase products on the platform. However, there are additional features for those customers who wish to register.

4. AVAILABILITY AND INFORMATION OF THE GOOD OR PRODUCT

Our platform has the necessary information about the characteristics and availability of the goods and products offered. If, when processing your order, for any reason, the product is not available, we will inform you immediately and, in this sense, we will not charge you anything in relation to it.

Additionally, each product is associated with more information that is usually linked or directly related to the specific characteristics and technical sheets, which will be completed by the suppliers.

5. ACCEPTED PAYMENT METHODS

You can use the following payment methods:

  1. Credit and debit cards. We use a secure SSL (Secure Socket Layer) payment system. We accept Visa, MasterCard, and American Express payments to provide our customers with flexibility.In this regard, you must enter your card details during your order confirmation. We adopt enhanced security measures to protect this information through our secure server system.
  2. PayPal. You can make your payments securely through the electronic wallet system offered by the PayPal platform.

However, we do not accept the following payment methods:

  • Checks or money orders.
  • Cash payments in any currency.
  • Promissory notes.
  • Cash on delivery.
  • Direct debits.
  • Bank transfers.

6. PRICES

All prices listed on our platform include the legally applicable taxes, expressly indicating, where applicable, the corresponding breakdown in accordance with the applicable regulations.

In the event that you breach the stipulated contractual obligations, FuzzYardmay terminate the contract between the parties, by means of a written communication that may be sent by email to the address indicated by you, and retain any amount related to the order that has been paid up to that point, without prejudice to any possible additional claim for compensation for damages. and damages that may have been caused to FuzzYard.

7. CONFIRMATION OF RECEIPT OF YOUR ORDER

Once you have successfully placed your order within the Platform, you will receive an order confirmation email. You can also review the details of your order through the "My Account" section.

8. EXECUTION OF THE CONTRACT

Once you have received the email confirming the purchase, as a general rule, the preparation of the order will begin in our warehouses. Orders are processed every day from Monday to Friday until 4:00 p.m. Orders placed after 4:00 p.m. are prepared the following day, first thing in the morning. This preparation may be delayed in the event of excessive demand.

In the event that FuzzYarddoes not execute the contract due to the unavailability of the contracted product, as indicated above, you will be informed of this lack of availability. If this If the lack of availability occurs after the contract has been made, you will recover without undue delay any sums or monetary amounts you have paid under the contract.

9. SHIPPING POLICIES AND COST.

9.1. Geographical Scope

You can purchase the products from anywhere in Europe (except the Canary Islands).

9.2. What is the shipping cost?

Territory Product rates
Spain (peninsula) and Portugal €4.99 per shipment.
On orders over €35, shipping is FREE.
Spain (Balearic Islands) €5.99 per shipment.
Europe (including countries such as Germany, France, Italy, the Netherlands, Belgium, Ireland, Poland, Sweden, Denmark, Greece, Romania, among others.)

From €8.95 to €14.95 depending on the country. FREE shipping on orders over €69 or €79, depending on the destination.

 

The exact amount will be automatically calculated at checkout, based on your address.

9.3. Which shipping companies do we use?:

FuzzYard has different logistics and shipping companies depending on the shipping address and nature of the orders. As a general rule, the companies in charge of managing our shipments are: Transporte GLS SISTEMES D’ENTREGA A TEMPS SL and CORREOS EXPRESS PAQUETERIA URGENTE SA and MRW.

9.4. Are there any shipping restrictions?:

Currently, there are no shipping restrictions based on weight or size, although FuzzYard reserves the right to modify this policy or contracting condition.

9.5 How long should I wait to receive my order?

Once you have received the purchase confirmation message, your order will be delivered within the following approximate timeframes:

  • For orders placed from the Peninsula and the Balearic Islands in 3-4 business days.
  • For orders placed from countries in zone 1 in 3-5 business days.
  • For orders placed from countries in zone 2 in 4-6 business days

Shipping time may vary depending on the time of year and campaigns Promotional items.

9.6. What if my order has not been delivered?

If you do not receive your order, please contact us as soon as possible so we can identify the problem.

In cases where the shipping address provided is incorrect or essential information is missing, resulting in additional difficulties for transport, we reserve the right to apply a €6 surcharge to the shipping cost. The surcharge will only be applied when we consider that the incorrect or incomplete address has generated additional costs in the delivery process. In these cases, we will notify you of the situation and provide details about the additional amount before proceeding with the shipment.

In any case, if you have any questions about the status and delivery of your order, you can contact us and we will inform you based on the data and information that, at all times, FuzzYard  can handle regarding said order.

9.7. What if I have not been able to collect my order?

After two unsuccessful delivery attempts, the carrier may choose to leave the order at a collection point where you can collect the order within a specified period of time. In the event that you do not collect the order from the collection point within this time frame and a second delivery is necessary, FuzzYard reserves the right to apply an additional charge of €12. This additional charge will be applied to cover the costs associated with the new delivery attempt.

If, after returning the order to our facilities because it was not collected from the collection point, you decide to cancel the order, we reserve the right to deduct the cost associated with returning the order from any applicable refund or compensation. This additional charge of €12 will be applied to cover the costs of returning the order to our facilities.

If, after returning the order to our facilities because it was not collected from the collection point, you request that we send the order again to the delivery address, we reserve the right to charge €12 to cover the costs associated with the new delivery.

FuzzYard reserves the right to modify the shipping conditions at any time, duly notifying customers of such changes. Any situation not covered by these conditions will be subject to negotiation on a case-by-case basis.


10. ORDER CANCELLATION

You have the right to cancel an order free of charge if you notify us of your wish to cancel before we prepare the package.

If your order is already prepared and you wish to cancel the shipment, FuzzYardreserves the right to refund the order amount with a €6 difference to cover the costs associated with its preparation.

If you request cancellation once the order has been handed over to the carrier and subsequently refuse delivery, we reserve the right to deduct the costs associated with shipping from the refund to be made. The aforementioned costs will be deducted from your total refund, and you will be notified of this deduction along with specific details.

11. RETURN AND REFUND POLICIES

 

Right of withdrawal:

You may exercise your right of withdrawal in accordance with applicable regulations, canceling the contract and returning the order received. The procedure to follow in case of exercising this right of withdrawal will be the following:

 

  1. You will have a period of 14 days, counting from the date of receipt of the order, to notify FuzzYard of your wish to exercise this right. You must send an email to hola@fuzzyard.es indicating the reason for withdrawal, the full name with which you placed the order and the order number.
  2. Once you inform us of your wish to exercise this right, we will provide you with an address to which you must send the products in question, without undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of your decision to withdraw. The products must be returned in their original condition, with no signs of misuse, damage, or manipulation, and with all accessories (including hangers), original packaging, and labels.
  3. Once we receive the products at our facilities and verify that they are in perfect condition, we will refund all payments received, including standard delivery costs. If you have selected a shipping method other than standard, you will be responsible for paying the difference.
  4. If the products do not arrive in optimal conditions due to actions attributable to the customer, FuzzYard reserves the right not to accept the withdrawal or to refund a reduced amount for the order, taking into account the depreciation of the value of the product. In this sense, by way of illustration, but not limitation, FuzzYard will consider the following circumstances:
  • Packaging or packaging that does not correspond to the original.
  • Appreciable use and/or wear of the product.
  • Existence of stains, scratches, damage or unpleasant odors on the products.

The direct costs of returning the products will be borne by the customer. Exceptions to the right of withdrawal.

The right of withdrawal will not apply in the following cases:

  • Personalized products.
  • Products that are likely to deteriorate or expire quickly.
  • Sealed products that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.

Detailed information about whether the product is excluded from the possibility of withdrawal will be provided in the description of each product.

Defective Products 

If a product purchased through the FuzzYard Platform has manufacturing or quality defects, you will have the right to request the return of the product and a subsequent refund or replacement of the product. A defective product is understood to be one that does not offer the safety that could be legitimately expected, taking into account all the circumstances and, in particular, its presentation, its reasonably foreseeable use and the time of its release.

The procedure in the case of defective products will be as follows:

  1. You must notify the existence of defects in the product by email to hola@fuzzyard.es within 24 hours of receipt. upon receipt of the order. FuzzYard may contact you to request additional information or evidence that clearly and evidently demonstrates the existence of the reported defects in the product.
  2. You must then send the product in question to the address we provide, in its original packaging, including all accessories and documentation that accompanied the product upon delivery. 
  3. Once we receive the product, you can choose between a refund of the amount paid for the defective product or a replacement for a not in perfect condition or repaired. FuzzYard reserves the right to choose between repair or replacement of the defective product, as appropriate and feasible. The choice will depend on the nature of the defect and the availability of similar products. If repair or replacement of the defective product is not possible, we undertake to provide a full refund, including the shipping costs associated with the defective product.

In the case of defective products, the direct costs of return will be borne by FuzzYard .


Warranty 

In accordance with current applicable regulations, all products in the FuzzYard Platform catalog are backed by a warranty in the event that the product presents non-conformities.

For all products purchased before January 1, 2022, a two (2) year warranty is established from the date of delivery.

For all products purchased after January 1, 2022, a three (3) year warranty is established from the date of delivery.

The products will be considered in compliance with the contract if:

  1. They meet the requirements detailed in the applicable regulations
  2. They conform to the description, type of goods, quantity and quality and have the functionality and other characteristics established in the contract.
  3. They are suitable for the specific purposes for which you need them.
  4. They conform to the seller's description, the qualities presented to the customer, suitability for ordinary uses and the usual characteristics of similar products.

The warranty will cover the repair of the product or its replacement with a new one, and if neither of these options is possible, a reduction in the price of the product or the termination of the contract will be considered.

The warranty does not include damage caused by negligence, knocks, improper use or handling, unsuitable voltage, electrical accidents, installation and/or use not in accordance with the instructions for use or not carried out by the authorized technical service where appropriate, or perishable materials or products subject to wear and tear due to normal use or consumables. Likewise, FuzzYard will not be liable for non-conformities that the customer was aware of or could not have ignored at the time of entering into the contract.

 

12. LIABILITY.

FuzzYard will not be liable for:

  • Any losses that were not attributable to any breach on its part;
  • Business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure).
  • Any indirect or consequential losses that were not reasonably foreseeable by the parties at the time the contract for the sale of goods or products was entered into between the parties.
  • For any delay or failure to perform its obligations under these terms if such delay or failure results from circumstances beyond FuzzYard's reasonable control or attributable to any third party. This provision does not affect your right to receive the product within a reasonable time consistent with Spanish law.
13. USE OF THE TRADEMARK AND CONTENT OF FuzzYard

The Client recognizes oce that all rights associated with the brand, logo and content hosted on the Platform are and will be the exclusive property of FuzzYard .

The Client agrees not to deposit or request the registration, direct or indirect, of any brand, word, sign, domain name and/or anything else that may be the same or similar to the and/or that may create confusion in the market.

In any case, the Client agrees not to use the brand, logo, or content hosted on the Platform (even if applicable) in association with other brands, signs, words, figures, devices or anything else, in a way that may cause confusion, constitute a new or different source of origin of the Products or harm in any other way the unique and exclusive identity of the Products marketed by FuzzYard .


14. DATA PROTECTION

The information or personal data that you provide to FuzzYard during a transaction on the Platform will be treated in accordance with the provisions of the Privacy Policy and Cookie Policy of the Platform. This policy explicitly contemplates and regulates the activities of FuzzYard , bases of legitimacy, data conservation, etc. This regulatory framework establishes the guidelines that govern the protection and use of personal data, ensuring its handling in accordance with applicable regulations and practices.

By accessing, browsing and/or using the Platform, you declare that all information or data that you provide to us during the contracting process is truthful, exact, complete and precise.


15. APPLICABLE LEGISLATION AND JURISDICTION.

These GTCs are governed, in each and every one of their aspects, by applicable Spanish law, and in the event of any conflict or divergence in the interpretation and/or execution of the same, or of any other of the specific conditions, policies and other legal notices provided on the platform, the competent Courts and Tribunals of Barcelona shall apply, waiving any other jurisdiction that may apply to the parties. However, when the customer has the legal status of consumer, the contentious issues must be submitted to the competent Courts and Tribunals at the consumer's domicile or at the place where the obligation is fulfilled.

Without prejudice to the fact that customers may file the appropriate complaint or claim by contacting hola@fuzzyard.esin relation to the services provided by FuzzYard, you are informed that you may go to the Online Dispute Resolution Platform developed by the European Commission, in accordance with the provisions of Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes. To access this platform you can do so BY CLICKING HERE.

16. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF CONTRACTING  

FuzzYard reserves the right to make changes, at any time, to its Platform, to the policies, terms and conditions applicable to it or to the sale of goods and products that are articulated through it, therefore including these General Terms and Conditions of Contract. In general, as a user and client you will be subject to the terms and conditions, policies and conditions of contract in force at the time of contracting, being informed, through the email provided in the contracting process, of any projected changes in this area, with sufficient notice for your due knowledge. If any of these conditions were declared If this condition is invalid, void, or for any reason unenforceable, this condition will be deemed excluded, without affecting the validity or enforceability of the remaining conditions.

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