Terms and conditions of use

1. SCOPE

1.1. These General Conditions, together with any Specific Conditions that may be established, shall expressly regulate the relations arising between alofanshop.com (Polifer Online SL, with registered office at Madrid EiE Iniciativas Empresarias, Calle Blas de Cabrera, 23 28806, Alcala de Henares, MADRID and with CIF number B-88075734), hereinafter "alofanshop.com" and third parties (hereinafter "Users" or "User") who use the Internet portal "www.alofanshop.com" (hereinafter the "Portal"), as well as with third parties who contract the products and services offered or accessible through it (hereinafter the "Products and Services").

1.2. These General Conditions do not exclude the possibility that the acquisition and/or use of any of the Products and/or Services offered to Users through the Portal may be subject to specific conditions of use ("Specific Conditions"), which will complement these General Conditions and prevail over them in the event of discrepancies. The Products and/or Services whose acquisition and/or provision is the subject of Specific Conditions shall be governed by the provisions of such Specific Conditions and also, in all matters not contemplated therein, by the provisions of these General Conditions.

1.3. By making a purchase or order, or contracting a service, regardless of the way in which this is done, the user acknowledges and expressly accepts these general terms and conditions, which will govern during the duration of the commercial relations between buyer and seller without the need for further reference.

1.4. alofanshop.com may, at any time and without prior notice, modify these General Conditions or, where applicable, the Specific Conditions and introduce new conditions of use, including, where applicable, the paid or free nature of any of the Products and/or Services of the Portal. These modifications will be published on the corresponding website of the Portal so that the User can be aware of them before proceeding to use it. The use of the Portal and/or the acquisition of any of the Products and/or Services of the Portal by the User once the General Conditions or, where applicable, the Specific Conditions that may apply have been modified, will mean the acceptance by said User of the General or Specific Conditions thus modified.

2. ACCESS TO PRODUCTS AND SERVICES

2.1. In order to use some of the Products and/or Services, alofanshop.com will ask Users to register. The data obtained through this procedure will be subject to the "Privacy Policy" accessible through the Portal. The registration procedure will be the one that appears at any given time in the corresponding section of the Portal.

2.2. The password chosen by the User and validated, where appropriate, by alofanshop.com for Users who register, will be considered an identifying and enabling element to access, acquire and use the corresponding Products and/or Services and will be personal and non-transferable. The User undertakes to exercise due diligence in keeping the password validated by alofanshop.com, assuming otherwise the consequences that may arise from the use of the same by third parties other than the User. The User must not write the password in an intelligible or accessible manner for a third party, nor write it down in a place accessible to third parties. alofanshop.com may, with adequate advance notice, make changes to the password. In this case, the replaced passwords will lose their validity.

2.3. alofanshop.com reserves the right to decide, at any time, which Products and Services are contained, offered, provided or made accessible to Users through the Portal. In particular, alofanshop.com may at any time add new Products and Services to those included in the Portal, it being understood that unless otherwise provided, such new Products and Services shall be governed by the provisions of the General Conditions in force at that time. Likewise, alofanshop.com reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the Products and Services that make up the Portal.

2.4. alofanshop.com also reserves the right to unilaterally modify the presentation and configuration of the Portal at any time and without prior notice.

3. USER OBLIGATIONS

3.1. The User undertakes, in general, to use the Portal and each of the Products and Services diligently, in accordance with the law, morality, public order and the provisions of these General Conditions and the Specific Conditions that may apply, and must also refrain from using them in any way that may prevent, damage or impair the normal operation and enjoyment of the Portal and all the Products and Services by Users or that may injure or cause damage to the property and rights of alofanshop.com, its suppliers, Users or in general any third party.

3.2. More specifically, but without this enumeration limiting the general scope of the obligation set forth in the previous paragraph, the User undertakes to use the Portal and each and every one of the Services, as well as to acquire the Products and Services:

(a) If you register, you must truthfully provide the requested data and keep it updated.
(b) Not to introduce, store or distribute any information or material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence, incites discrimination based on sex, race, ideology or religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, current regulations.
(c) Not to introduce, store or distribute through the Portal or through any of the Services, or use in connection with them, any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is capable of causing damage to the Portal, any of the Services, or any equipment, systems or networks of alofanshop.com, any User, its suppliers or in general any third party, or that is otherwise capable of causing any type of alteration or preventing their normal operation.
(d) Not to carry out, except in those spaces expressly dedicated to such purposes, advertising, promotional or commercial exploitation activities.
(e) Not to use false identities or impersonate others when using the Portal or when using or acquiring any of the Products and/or Services, including the use, where applicable, of passwords or access keys of third parties or in any other way.
(f) Not to hide or falsify in any way the origin of email messages, not to intercept, delete or modify the email messages of other Users, nor send mass email messages.
(g) Not to destroy, alter, render useless or damage the data, information, programs or electronic documents of alofanshop.com, its suppliers or third parties.
(h) Not to introduce, store or distribute through the Portal or through any of the Products and/or Services any content that infringes the intellectual or industrial property rights or trade secrets of third parties, or in general any content for which you do not have, pursuant to law, the right to make available to third parties.
(i) Not to use the contents and in particular the information obtained through the Portal or any of the Products and/or Services to send advertising, send messages for direct sales purposes or for any other commercial purpose, or to collect or store personal data of third parties.

4. SALE OF PRODUCTS AND PROVISION OF SERVICES

4.1. The characteristics of the Products and/or Services and their prices appear on the screen. The Products and/or Services will be available for sale while stocks last. The prices indicated on the screen are in euros and are current. The offers are duly marked and identified as such. Their validity period is effective while they appear on the screen or during the period indicated therein. Notwithstanding the foregoing, alofanshop.com will send an invoice to all natural or legal persons resident in Spain. The order confirmation sent by alofanshop.com is not valid as an invoice, only as proof of purchase.

4.2. The characteristics and descriptions of the products are provided by their respective manufacturers, so alofanshop.com cannot guarantee the accuracy, quality, truthfulness or reliability of this information.

4.3. If the product ordered is not available, the seller may supply a product with similar characteristics of the same or higher quality at no additional cost. If the user is not satisfied with the delivery, he or she may request a refund of the amounts paid by contacting the customer service department.

4.4. Regarding services on a device, alofanshop.com will examine the item upon receipt. If it detects any anomaly or fault other than that described by the customer, it will notify the customer and may provide a separate estimate for the repair. The prices applicable to each repair are displayed on the Portal, as well as the specific conditions of each service. Likewise, once a repair has been carried out and the User has been informed of its availability to collect the item, a period of 30 calendar days is established for it to be collected. After this period, two euros will be charged for each additional day that the product is in the premises of alofanshop.com, as storage.

4.5. The User undertakes to safeguard the data stored on the hardware to be repaired by means of a backup copy, in order to avoid any data loss that may occur as a result of the repair. With regard to software, liability is excluded for defects caused by the User due to updates, incorrect installations or additional software or peripherals. In such case, the User shall bear such costs, even when such defects arise from the repair of Hardware under warranty.

4.6. If, during the course of a repair, unforeseen and unbudgeted defects arise, alofanshop.com will inform the user of this fact and, if necessary, will prepare an additional estimate.

4.7. All content (whether digital or physical) existing on a device as well as its accessories delivered to alofanshop.com, belong to its owner, who is the sole party responsible for all purposes of said content.

5. PRICES AND PAYMENT CONDITIONS

5.1. The price list in effect at the time of acceptance of the order or sale is binding. Prices are exclusive to the website. They may vary in physical stores.

5.2. The payment period for invoices shall be deemed to have expired upon delivery of the goods, without prejudice to home deliveries.

5.3. The payment methods available for the portal are: Cash payment, bank transfer or deposit, credit/debit card, Paypal, cash on delivery. The payment methods in force in any case will be those established in the "payment methods" section available on the Portal.

5.4. alofanshop.com reserves the right to unilaterally remove, add or modify at any time and without prior notice, the available payment methods, as well as their conditions or additional costs that may entail.

5.5. Some payment methods may be restricted to certain geographic areas or to specific products or services.

5.6. The "Cash on Delivery" payment method is a binding contract between the User and alofanshop.com. Therefore, once an order has been placed and this payment method has been selected, the User agrees to pay for said order. Otherwise, the User must pay alofanshop.com the costs arising from said transaction, which will correspond to the shipping costs of said product, plus six euros for management costs and payment of return shipping to origin.

5.7. alofanshop.com reserves the right to temporarily hold an order or payment received if details are observed that may indicate an attempt at fraud or to carry out all necessary checks to ensure the authenticity of the payment.

6. SHIPPING AND DELIVERY CONDITIONS

6.1. alofanshop.com makes national and international shipments and does so through third-party carriers contracted for this purpose.

6.2. Delivery will be made to the address or domicile indicated by the user. In the event of an error in indicating the address or of wanting to change it later, the User must be responsible for any charges resulting from this change.

6.3. The delivery time of the order depends on the availability of the requested items. In the case of purchasing several items with different availability, the shipment will be made once all the items are available, that is, the item with the longest delivery time must be taken into account.

6.4. All products will remain the property of alofanshop.com until full payment has been made.

6.5. Some shipping methods may be available exclusively for certain geographic areas.

6.6. Shipping rates and available shipping methods will be those established in the “Shipping Methods” section of the portal.

6.7. alofanshop.com reserves the right to add, remove or modify the available shipping methods, as well as their rates without prior notice. In any case, at the time of formalizing the order and before making the final payment, you will be informed of the exact rates for that order.

6.8. When placing an order, the User agrees to receive it at the address indicated and to inspect all the merchandise upon receipt. If the package is damaged or signs of tampering are observed, this must be noted on the courier's delivery note and the incident must be reported to alofanshop.com and the transport company within a period of less than 24 hours from receipt of the order.

7. RETURNS

7.1. RETURNS FOR PRIVATE CUSTOMERS
7.1.1. Right to withdrawal. As established by LAW 47/2002, of December 19, reforming Law 7/1996, of January 15, on the Regulation of Retail Trade, for the transposition into Spanish law of Directive 97/7/EC, regarding distance contracts, and for the adaptation of the Law to various Community Directives, the User has the right to return the order within seven business days following receipt of the order, without having to justify the decision and without penalty of any kind (provided that the use does not go beyond the mere verification of the good condition and functioning of the product). The customer must assume the costs derived from the shipment for the return of the goods.
7.1.2. To request this, you must fill out the "Return Document for Withdrawal", available in the Returns section and attached to each order, and communicate in writing (either by email, letter or fax) your wish to exercise this right within a maximum period of seven working days from receipt of the order. Once the return has been accepted by the After-Sales department, a return number will be assigned and the customer will have another 7 working days to return the material to the alofanshop.com offices at their own expense. All the information and documents regarding the return process can be found in the "Returns" section of the website.
7.1.3. As specified in said law, the right of withdrawal provided for in the aforementioned regulation will not apply to sound or video recordings, discs, computer programs and/or video games that have been unsealed by the consumer, as well as computer files supplied electronically, capable of being downloaded or reproduced immediately for permanent use, or to Products that can be reproduced or copied immediately (compact discs, software, video films, books, video games, etc.). Nor will it apply to products or devices that have been manufactured, configured or assembled to measure and at the request of the client, as well as any modification, repair or work carried out on any article requested by the client.
7.1.4. alofanshop.com will refund the amount, whenever appropriate, within a maximum period of 30 days from receipt of the goods to be returned, although it will attempt to do so as soon as possible.
7.1.5. In addition, and without prejudice to the right of withdrawal provided by law for the return of a product within seven business days following the date of receipt of the order, alofanshop.com extends this period to 15 business days, for those cases in which the product has not been used and its packaging is in perfect condition, without having been opened or unsealed.
7.1.6. If any anomaly is detected in the product or packaging caused by misuse or improper handling, or if the return conditions stated above are not met (in terms of time or form of presentation), alofanshop.com may reject the return and send the material back to the customer, who must pay the return shipping costs (depending on the product) plus €6 for management and administration costs.

8. WARRANTY

8.1. alofanshop.com guarantees all articles, components and other products it distributes in accordance with current laws and the following conditions. It will only provide warranty service on goods that have been purchased in its establishment. Depending on the product, the warranty must be processed directly with the manufacturer of the same. alofanshop.com will always offer itself as an intermediary if the User so desires.

8.2. The guarantee for all new items on the website will be two years from the date of delivery of the product, a period that could be longer depending on the product, in which case it will be specified in its data sheet and on the purchase invoice.

8.3. Second-hand items, including those that have been previously used by another owner, as well as those that, despite being new, must be opened and modified to expand their functionality or characteristics, will have a minimum of one year warranty.

8.4. When the purchased item presents a lack of conformity because it does not correspond to the characteristics offered, has defects that prevent its normal use in accordance with its nature or does not offer the features described for it, the User has the right to the rectification of the purchased good within a period of two years from the purchase, under the conditions and with the means of proof regulated in the Revised Text of the General Law for the Defense of Consumers and Users and without prejudice to the powers of alofanshop.com to verify the veracity of the defects, their origin and time of appearance.

8.5. Any repair under warranty will be free of charge, and alofanshop.com will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract. The User must notify the seller of the lack of conformity within two months of becoming aware of it, following the instructions in the "warranty" section of the Portal. As long as the product is under warranty, shipping costs will be borne by alofanshop.com.

8.6. alofanshop.com will inform the customer of the time required to process the guarantee, always trying to keep it as short as possible and establishing a maximum of three months from receipt of the item. The guarantee for repairs carried out on products under commercial guarantee will last for six months. If it is proven that the defects claimed by the User are not true or for any other reason are not covered by the Guarantee, alofanshop.com may estimate the repair outside the guarantee, and may require the User to pay the amount derived from the shipping costs, administration and management of the guarantee. The same procedure will be followed when the defects claimed arise from improper use of the item, when the product has been manipulated by third parties before the claim, poor conservation, force majeure, or for any other reason unrelated to the item or alofanshop.com. For these purposes, improper use or poor conservation will be considered to exist in all cases when the instructions contained in the manual or documentation delivered with the item have not been complied with.

8.7. In general, the User undertakes to immediately inspect the purchased item and to notify alofanshop.com as soon as possible of any possible disagreement with it, avoiding in any case the aggravation of any damage, under a principle of good faith.

8.8. alofanshop.com may make available to the User an insurance policy that extends the commercial guarantee periods beyond those offered in each case by the buyer of the item. This insurance, when it exists, will be voluntarily subscribed by the User, and its cost will be exclusively borne by the User. Both the rates and contractual conditions of the policy will be available to the buyer.

8.9. For companies and professionals, the guarantee will be the one established directly by the manufacturer of the item in question, as well as the procedure for managing them, since there is no law that specifies the Guarantee procedure between professionals.

8.10. All details regarding warranty processing, deadlines, procedures, etc. are set out in the "Warranty" section of the Portal.

8.11. Finally, services such as repairs, modifications, technical service, etc. carried out on products that are outside the commercial guarantee period will be guaranteed for three months as established by law. This period comes into effect from the date of delivery of the device. The guarantee is complete on the repair carried out and includes transport, parts and taxes, provided that the new fault is the same as the one that has been repaired. Any fault other than the one that was repaired or parts that have not been replaced due to the previous repair are not covered by this guarantee.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY

9.1 The User acknowledges that all elements of the Portal and each of the Products and Services, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of their contents, and the computer programs used in relation to them, are protected by intellectual and industrial property rights of alofanshop.com itself or of third parties, and that the General Conditions do not attribute to the User any other right with respect to said industrial and intellectual property rights other than those specifically contemplated therein.

9.2 Unless authorized by alofanshop.com or, where applicable, by third parties holding the corresponding rights, or unless legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information accessed through the use of the Portal and each of the Products and Services solely for his or her own needs, and undertakes not to directly or indirectly exploit the Products and Services or the materials, elements and information obtained through them for commercial purposes.

9.3 The User must refrain from deleting the identifying signs of the rights (intellectual, industrial or any other) of alofanshop.com or of third parties that appear on the Portal, as well as refrain from evading or manipulating any technical devices established by alofanshop.com or by third parties on the Portal.

10. RESPONSIBILITY

10.1. Without prejudice to any liability for damages that may arise, alofanshop.com may, immediately and without prior notice, terminate and terminate its relationship with the User, or interrupt its access to the Portal and/or access and use of any of the Products and/or Services, if it detects use of the Portal or any of the Products and/or Services contrary to these General Conditions or the Specific Conditions that may apply.

10.2. The User shall be liable for any damages of any kind that alofanshop.com may suffer directly or indirectly as a result of the breach of any of the obligations arising from the General or Specific Conditions in relation to the use of the Portal or any of the Products and/or Services. Likewise, the User shall hold alofanshop.com harmless against any sanction, claim or demand that may be filed by a third party, including any public bodies, against alofanshop.com, its employees or agents as a result of the violation of any third party rights by said User through the use of the Portal or any of the Products and/or Services or, in general, that may be filed as a result of the use or acquisition of any of the Products and/or Services in a manner contrary to that provided for in the General Conditions or in the Specific Conditions that may be applicable.

10.3. The User acknowledges and accepts that the use of the Portal, as well as the acquisition and use of the Products and/or Services, is carried out at his/her own risk, under his/her sole and exclusive responsibility.

10.4. alofanshop.com does not provide any guarantee, and excludes any liability for damages that may arise, in relation to the following:

(a) Availability, continuity and usefulness: alofanshop.com undertakes to make all necessary efforts to ensure the availability and continuity of the Portal. However, alofanshop.com cannot guarantee that the Portal will function correctly at all times, that the User will be able to access and use it quickly, uninterruptedly and error-free, or that all errors will be corrected. Likewise, alofanshop.com does not provide any guarantee regarding the suitability of the Portal or any of the Products and/or Services for the satisfaction of a User's specific needs;
(b) Security: alofanshop.com will adopt the security measures generally adopted in the sector to guarantee the confidentiality and security of the use of the Portal. However, alofanshop.com cannot guarantee that unauthorized third parties may have knowledge of the characteristics and circumstances of the use that Users make of the Portal and the Products and/or Services.
(c) alofanshop.com will act diligently according to generally accepted practices in the sector to avoid the presence of viruses or other harmful elements on the Portal that could cause alterations in the User's computer system, in their electronic documents or in their files, but cannot guarantee the absence of such elements, and shall not be liable for any damages that this may cause.
(d) Services provided by third parties: alofanshop.com does not control, nor does it endorse, nor does it guarantee the accuracy, quality, veracity, reliability or suitability of the information, products and services provided or provided by third parties through the Portal. Likewise, it does not control and does not guarantee the absence of viruses or other harmful elements in the content or services provided or provided by third parties through the Portal.
(e) Content outside the Portal: alofanshop.com does not guarantee the technical availability, quality, reliability, accuracy or veracity of the content, products and services available on sites belonging to or managed by third parties that the User may access through technical linking devices ("links") from the Portal. alofanshop.com does not control the content of such websites nor does it offer or market the products and services available on the websites linked in this way, nor does it consequently assume any responsibility for them.
(f) alofanshop.com does not provide any guarantees of any kind, either express or implicit, regarding the use that Users make of the Portal, or the breach of legal obligations to which Users are bound.

11. COMMUNICATIONS AND CUSTOMER SERVICE

11.1. Unless otherwise expressly provided in these General Conditions, alofanshop.com may send communications to the User by letter, to the address listed in the registration form, or by email, to the email address registered in said form. The User expressly authorizes the sending of communications by email.

11.2. Likewise, and unless otherwise expressly provided in these General Conditions, the User may contact alofanshop.com to manage any incident with the use of the Portal or the purchase of products or services, by sending a letter by post or email, through the customer service telephone lines or by using the contact form available on the Portal.

11.3. In the event of a change of address by either party, the other party must be notified by any of the means indicated above.

12. DATA PROTECTION

12.1. The User is informed and agrees that the data provided through the data request forms, as well as those generated as a result of the relationship established with us, will be incorporated into an automated file owned by alofanshop.com, registered with the Spanish Agency for Personal Data Protection, for the purpose of managing, administering and providing the services requested, managing user registration, managing purchases made, as well as informing you of products or services, our own or from third parties, that may be of interest to you.
alofanshop.com declares and guarantees the complete submission and effective compliance with the guarantee and security processes contained in the Data Protection Law LO 15/1.999 of December 13th on the Regulation of the Automated Processing of Personal Data.

12.2. All data, in compliance with the LOPD, will be subject to the "privacy policy" accessible through the Portal.

12.3. In accordance with the Data Protection Act, Organic Law 15/1999 of 13 December, the User will have the possibility of exercising the rights of access, rectification, cancellation and opposition of his/her personal data contained in the files of alofanshop.com, requesting it by any means that leaves a record of its sending and receipt. To exercise your rights you may write to us through any of these two means:

Postal Mail:
Polifer Online SL
At: LOPD - Data Protection
Blas de Cabrera, 23 Alcala de Henares - (28806 MADRID)
Telephone Service: +34 918306608 E-mail: info@alofanshop.com  

13. DURATION AND TERMINATION

13.1. The provision of the Portal service has, in principle, an indefinite duration. However, alofanshop.com is authorized to terminate or suspend the provision of the Portal service at any time, without prejudice to what has been established in this regard in the corresponding Specific Conditions. When this is reasonably foreseeable, alofanshop.com will warn about the termination or suspension of the provision of the Portal service.

14. APPLICABLE LAW AND ASSOCIATIONS

14.1. The provisions contained in these General Conditions shall be governed by and interpreted in accordance with Spanish law, which shall be applicable in relation to their validity, interpretation, execution and compliance. The parties submit, at their discretion, to the courts and tribunals of Madrid for the resolution of conflicts and waive any other jurisdiction.