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1. ACCEPTANCE AND AGREEMENT WITH THE GENERAL CONDITIONS OF THE CONTRACT
By accepting the present contract (and all the documents mentioned in it, Privacy Policies, Data Protection and Cookies, Copyright and Legal Notice as well,) you declare:
a) that you are over 18 and capable to contract;
a) that you have read and accepted the present general conditions
These general conditions (hereinafter, “the General Conditions”) govern the offering, sale and delivery of all goods and/or services (hereinafter jointly referred to as the “Product(s)”) of clients-users (hereinafter, “the Clients”) and it use of the website www.lingoxfactory.com (hereinafter "Lingox").
This document can be printed and stored by the Clients.
The Contract (as it is defined later) shall be formalized in any of the languages available on the website for Conditions.
2. GOVERNING LAW AND ARBITRATION
The present General Conditions are governed by the Spanish and European Legislation under General Conditions of Contract, General Law on Consumer Protection, Phone or Electronic Contract with general conditions, Data Protection, Organization of Retail Trade and Services of the Information Society (LSSI) and Electronic Commerce, applicable at that moment.
The use of our website and the contracts of products via this website shall be governed by the Spanish legislation.
Any dispute in connection with the use of the website or the contracts shall be referred to arbitration not exclusively of Spanish legislators.
If you are contracting as consumer, nothing present in this article shall affect the rights that you hold according to the present legislation.
3. MODIFICATION OF THE GENERAL CONDITIONS
These Conditions can be modified or revised at any moment. It is your responsibility to read them frequently, since the present conditions during the celebration of the Contract (as it is defined later) present on the website or when you purchase, shall be applicable. Except if legislation or decision of governing institutions forces us to amend changes in those Policies, Conditions or Privacy Statement. In this case, the possible changes shall also affect your previous orders.
By the modification or revision of the General Conditions on the website of www.lingoxfactory.com, the obligation to notify shall be understood as fulfilled.
In any case, before using the services or contracting the products, you shall read the General Conditions.
4. YOUR DATA AND VISITS TO THIS WEBSITE
The information or personal data that you provide us will be treated under the Data Protection Policies. By using this website, you accept the treatment of that information and data. You also declare that all the information and data are true.
5. AVAILABILITY OF THE PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order the substitute products we will refund the amount that you may have paid.
Without incurring in conflict with the previous article about the availability of products and excepting extraordinary circumstances, we shall try to deliver the order of the products of each Shipment Confirmation before the delivery date present in the Shipment Confirmation. If there is not specification of a concrete delivery date, we shall commit to deliver it in the estimated date indicated by choosing the delivery option and, in any case, in 30 days maximum from the date of the Confirmation Order.
However, delays for personalized products, unexpected circumstances, logistical issues or complication with Customs Offices in delivery area shall occur. In the case of non-fulfillment of delivery date, you shall be informed and you will have the option to proceed with the purchase in a new delivery date or cancel the order with a total refund. You should bear in mind that we do not deliver on Saturdays, Sundays or bank holidays.
For the effects of the present Conditions, it shall be understood that the order is “delivered” when you receive the products. This will be certified by signature upon the reception of the order in the agreed address.
7. IMPOSIBILITY OF DELIVERY
If it is impossible to deliver the order, our service transport will leave a notice at the agreed address with indications about the situation of your order and what you have to do to receive it.
If the order has not been received after 5 days despite its availability and for external reasons to us, we shall understand that you wish to cancel the contract and we consider it terminated.
As a consequence of the termination of the contract, the goods will be returned to Lingox Factory SLU.
Once we receive the goods and check the perfect state of the products and the conservation of the original packaging, we shall proceed to refund all the received payments, except the delivery fees to the destination address and the return service to our factory. In a maximum period of 14 day from the date in which we consider the contract terminated, we shall proceed to refund the corresponding payment, in the same payment form you used.
8. TRANSFER OF RISK AND PROPERTY
The Products will be at your risk from the time of delivery.
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is the later.
9. PRICES AND PAYMENT METHODS
The prices of the products are those of the website, except in cases of obvious errors. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund.
We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as incorrect price.
Prices on the website include VAT, but exclude shipping costs that will be added to the total quantity as it is explained under the heading Delivery, without interfering in the corresponding application of import and customs fees according to the legislation.
You explicitly authorize us to issue the invoice in electronic format. However, you could indicate at any moment if you wish to receive your invoice in paper format. Being this the case, we will issue the invoice in this format.
Prices can be modified at any moment, but (except the previously agreed) the possible changes shall not alter the orders you received a Confirmation Order about.
Once you have selected all the products you want to purchase, these will be added to your shopping list and the next step will be proceed the order and make the payment. You shall follow the steps of the process, filling in and checking the information in any step requested.
Furthermore, throughout the purchase process, before payment, you can modify the details of your order.
You shall be able to pay by credit and debit cards accepted by the company which are referred under the heading Payment Options; you shall pay via PayPal or Bank Transfer.
For your safety, all the shopping process via credit or debit card is totally controlled by the bank. Lingox Factory SLU does not keep any card details.
To minimize the risk of unauthorized access, the data of your credit or debit card shall be codified. The charge on your card will be processed once you make the order. By clicking ‘Authorize Payment’, you shall confirm that it is your card and you respond as the legitimate owner of the card.
The cards shall be subjected to check and authorization by the entities but if that entity does not authorize the payment, we are not responsible for delays or lack of delivery. In this case, we shall not be able to establish a contract with you.
10. PURCHASE AS A NON-REGISTERED USER
This website also allows purchase as a non-registered user (as guest). Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continue as a non-registered user.
11. RETURNS POLICY
If you are contracting as consumer and user, you have the right to cancel this contract in 14 working days without justification.
The cancellation period will expire after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the products, or in case of multiple products in one order delivered separately, after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the last product.
To exercise this cancellation right, you must notify us LINGOX FACTORY SLU your decision to cancel the Contract by making a clear statement to us that you wish to cancel the Contract via email to firstname.lastname@example.org or our contact form. You may notify us by sending a letter as well.
To meet the deadline of cancellation, you shall report the use of this right before the before the cancellation period has expired.
In case of cancellation on your side, the quantity of the product or products indicated in your communication of cancellation shall be refunded, excluding delivery fees, present in your option of payment, without any delay, and, in any case, to a late date of 30 working days from the reception of the products in our factory. The refund will always be paid using the same payment means you used to pay for your purchase.
You shall return via transport service, without any delay, and in any case to a late date of 14 working days from the date you report the cancellation of the contract. We shall understand the deadline fulfilled if you return the items before the conclusion of that period.
You shall assume the return costs. Please, bear in mind that if you decide to return the items as unpaid carriage, we shall charge you the costs.
You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
You do not have the right to cancel the contract for the delivery of the following products:
Your right to cancel the contract shall only be applicable to those products that will be returned in the same conditions of reception. We shall not refund any used product and opened from packaging. We shall not refund products that are not in the same conditions of delivery or if they are damaged, so you must be careful with the product/products in your possession. Please, return the product using or including all original packaging, instructions and other accompanying documents.
Once the product is examined, we shall report whether you have right to receive a refund for the paid quantities.
If you have questions, do not hesitate to contact us via our contact form.
Returning faulty products.
In those cases in which you consider that the product does not conform to the agreements of the contract, you must report this event immediately via our contact form providing the details of the product and the damage it suffers. Then, we shall indicate how to proceed.
12. LIABILITY AND EXEMPTION FROM LIABILITY
Our liability for the delivered products is limited to the price of the product acquired via our website. The user or consumer releases to claim responsibility to Lingox for dissatisfaction of the products, possible errors, slow access or errors on our website, including loss of data or other type of information present in the computer, device or the user net with access to the web.
As legally permitted, Lingox shall not be liable for any of the following losses, independently of its origin:
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
We have a legal duty to supply products to you that are in conformity with the Contract, however, without affecting that duty and to the fullest extent permitted by law, all product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. Where you are contracting as a consumer, in line with our obligations at law, we will be responsible for delivering goods to you that: (i) comply with the given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which goods of their kind are normally used and (iii) show the quality and performance which are normal in goods of the same type and can which can reasonably be expected.
We only choose high quality products, but the natural characteristics are unavoidable and they should be accepted as features of the individual look of the product.
The offer of Lingox products has indefinite validity and it can be modified, amended or cancelled without previous announcement to habitual or temporary users and consumers.
13. USE OF THE SERVICE AND LIABILITY. VIRUS, PIRACY AND OTHER COMPUTER ATTACKS
We cannot guarantee the permanent availability of the services and products, releasing the company from any responsibility for possible damages incurred for the non-availability of the service or products upon the occurrence of force majeure or errors in computer servers of data transfer, due to conditions beyond our control.
You must not use this website inappropriately through the intended introduction of virus, Trojans, worms, logic bombs or any other computer program technologically harmful or damaging. You will not try to access this website, the server in which it is located or any server, computer or database related with this website without authorization. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.
By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately.
We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.
14. LINKS FROM OUR WEBSITE
We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
All notices, requests, demands and other communications to be made by the parties in connection with these Terms and Conditions shall be in writing and shall be deemed to have been duly made when they have been delivered by hand or sent by regular mail to address of the other party or by e-mail, or to any other address or e-mail for this purpose each party may designate to the other.
When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Your notifications shall be preferably sent via our contact form. However, you can also contact with us via an email to email@example.com for any doubts or queries.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
17. FORCE MAJEURE
We are not responsible for default or delay in our assumed duties when the causes are attributed to force majeure.
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. OUR DETAILS
Sale of goods through this website is carried out under the name:
LINGOX FACTORY SLU, ESB90091448 with registered office at Av. La Palmera, nº 68, Polígono Industrial La Palmera, C.P. 41703, Dos Hermanas, Sevilla, Spain.
2. The personal data you provide will be stored and processed in a file owned by LINGOX FACTORY, SLU, with the aim of:
I. The development, fulfillment and implementation of the contract that you have acquired with us or any other contract between both;
II. Administer your requests;
III. To provide you with information about the products and services of LINGOX FACTORY SLU including, in relation to these products, marketing communications via email or similar, and phone calls as well. In case of registered user, you can change your preferences accessing to My Account. You can also sign out in the provided link.
IV. In case of providing third party data, you will be responsible for the information and consent of these for the following aims. In case of proceeding to buy a product (goods, from now on), third party personal data will only be used to (a)administer your delivery and verify the reception of the order, and (b) administer your requests or third party transactions.
3. LINGOX FACTORY SLU with registered office in Dos Hermanas, Sevilla, España, Av. La Palmera, nº 68, P.I. La Palmera, C.P.41.703, as responsible of the file and in fulfillment of the Personal Data Protection Act is committed to respect the confidentiality of the personal information and guarantee your rights to access, amendment, cancellation and opposition, via letter, to the attention of “LOPD function” or via email to firstname.lastname@example.org . If necessary, we could request a copy of your ID, passport or any other valid document for your identification. In case you decide to exert those rights, and as part of your personal data provided via email, we would appreciate that you specifically mention that circumstance indicating the email address in relation to the rights of access, amendment, cancellation and opposition
By providing us with email address and other personal data, necessary requisite to contract some services, the Clients agree in the use of these addresses to receive marketing communications and publicity of the services and products offered by www.lingoxfactory.com.
Lingox Factory SLU, declares that it fulfills the Personal Data Protection Act. We offer the users the before mentioned contact forms to exert the rights of access, amendment, cancellation and opposition guaranteed by the present regulations.
4. The user (you) guarantees that the personal data provided are true and exact and you agree to notify any change or modification. Any loss or damage caused on the website or the person responsible of the website or any third party via wrong, inaccurate or incomplete information in our register forms will be of total responsibility of the user
5. Our system is protected and encrypted via SSL, that secures the flux of transmitted information on our website and our visitors. It also allows to establish confidence with our clients guaranteeing confidentiality in the information and security transfers provided by our server.
The SSL certificate activates «https» protocol on web browsers and it displays a lock icon into the browser’s address bar, indicating to our visitors that the transactions are encrypted and confidential, and that the address of our website is authentic. Therefore, our users will know that their actions will be totally secure.
1. What is a cookie?
Session cookies are temporary cookies that remain in the cookie file of your browser until you leave the website. Persistent cookies remain in the cookie file of your browser for much longer. Likewise, cookies can be managed by the editor itself and form which provides the service requested by the user (in this case LINGOX FACTORY) or third party cookies, sent to the user’s terminal equipment from a domain that is not managed by the publisher.
What are NOT the purposes of cookies on this website?
We do not store personal identification data such as address, credit/debit card details,etc, in the cookies we use.
Who uses the information stored in cookies?
The information stored in our website is only used by our company, excepting those ‘third-party cookies’ which are not managed by the publisher to improve the user experience and offer you better services. The main functions of the ‘third-party cookies’ are to obtain access to statistics and safe payments.
How can I disable or remove cookies?
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all our site features. Although web browsers are different, the usual configuration of cookies is through the menu option “Preferences” or “Tools”. For more information on how to manage cookies on your browser, please access its menu “Help”.
What specific cookies are used in this website and for what purposes?
You will find here the description of the cookies, tags and other similar devices used on this website and information about their functions, duration and management (owned or third party) of each of them.
2. Types of cookies used on LINGOX FACTORY website
Our web uses three types of cookies:
• Strictly Necessary Cookies - These cookies are essential in order to carry out a transaction or request initiated by you. Examples include remembering information provided by you as you move through the site to and managing your logged-in status during the session. You cannot opt out of these cookies as the websites cannot function properly without them.
• Analytic Cookies - These cookies allow us to collect data relating to your use of our sites, including the content on which you click while browsing on our sites, in order to measure the effectiveness and consumer interaction with the site and improve our sites over time.
• Targeting Cookies - These cookies remember information regarding your use of our sites and other sites so that we can serve promotional and other targeted information to you on our sites.
It is important to remark that these technologies are not intrusive since all the information collected through cookies is completely anonymous and it cannot be associated to a concrete or identified user in any case. This information allows LINGOX FACTORY to adapt and improve their services to the user interests. However, the user can opt out cookies through selecting the corresponding option on the web browser of his/her computer. LINGOX FACTORY informs that disabling cookies may cause a slower navigation.
All web browsers allow changes to deactivate the configuration of cookies. The usual configuration of cookies is through the menu option “Preferences” or “Tools” on the men of your web browser. For more information on how to manage cookies on your browser, please access the appropriate link below:
If you also wish to block Google analytics cookies, you can install a complement on your web browser following the instructions of this link.
3. Technical description of the cookies used
You will find here the details of the cookies used on this web site along with their functions and duration:
Cookies for web site functioning
Identification of preferences in language
Identification of the user
Remind the agreement with cookies
Third Party Analytics Cookies
_utma; _utmb; _utmc; _utmt; _utmz;
Determine visitors to this website and update visits to the webpage Know the reference of access of the user, via direct link, hyperlink or web search.
To do web analytics through Google Analythics technology.
We recommend all users to read the privacy policies of each server to obtain more information: http://www.google.es/intl/es/policies/privacy.
4. Further Information
We will answer user requests about these technologies via our contact form.