General terms and conditions of sale.
- Definitions. In this document the following words shall have the following meanings: “Buyer” means the person who buys Goods from the Seller; “Goods” means the articles that the Buyer agrees to buy from the Seller; “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time; “Seller” means Formidable Books; “Terms and Conditions” mean the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
- General scope 2.1 These Terms and Conditions shall apply without restriction or reservation to all sales concluded by Formidable Books, duly authorized for the purposes hereof (“the Seller”) to non-professional purchasers (“the Buyer”) wishing to acquire the goods offered for sale by the Seller (“the Goods ”) on the website “www.formidablebooks.com” (“the Site”). 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. 2.3 The Site and the Goods are intended exclusively for individuals and are not for professionals. Acceptance of the General Terms and Conditions of Sale is made as soon as the validation of the Order is finalized by the “double click” process as described in 7.2. This acceptance can only be full and complete. Any conditional confirmation will be considered null and void. 2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller. 2.5 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. 2.6 These Terms and Conditions, and the Order summary sent to the Customer form a contractual whole summarising all the agreements between the parties. By the mere fact of validating the Order, the Purchaser declares to have read, understood, and accepted without reservation the terms of the said Order and the whole of these General Terms and Conditions of Sale.
- Price and payments. 3.1 The price of the Goods shall be that stipulated on the Seller’s website at the date of order or as agreed between the parties. The prices displayed on the Site are shown in € (Euros) inclusive of VAT and exclusive of any delivery charges. 3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods. 3.3 Prices are subject to change at any time without given notice. 3.4 All Orders are payable in € (Euros) and payment for purchases are made online using a bank card or PayPal account. 3.5 The Buyer will be debited the full amount indicated on the summary of the Order on the day of his/her Order. The Buyer guarantees the Seller that he/she is fully authorized to use the payment card for the payment of his/her Order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his/her Order on the Site. 3.6 The Seller cannot be held liable for any fraudulent use of the payment method used. The Seller reserves the right to suspend or cancel any orders and/or shipping, whatever its nature and stage of execution, in the event of non-payment of any amount due from the Buyer, or of any payment incident. 3.7 The data provided for payment by bank card will be processed in a secure manner. The Seller has no access to these bank details, and does not keep them on its servers: for this reason, these details are systematically requested during any new transaction on the Site. 3.8 In all cases, the online provision of a bank card number and the final validation of the Order will be proof of the entirety of the said Order and will render the Buyer liable for the sums committed by the selection of Goods appearing on the Order form. This validation will be deemed as signature and express acceptance of all the operations carried out on the Site.
- Delivery 4.1 All Goods, wherever possible, will be delivered within four to six weeks of the order being placed but always subject to the Goods being available. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller shall use its reasonable endeavors to meet any date stated for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages, or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 4.2 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.1, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree on later delivery date. 4.3 Any anomaly concerning the delivery (Good(s) missing compared to the delivery note, good error(s), damaged good(s), etc.) must be reported to the Seller by email (firstname.lastname@example.org) no later than 7 working days after the delivery date. Beyond this deadline, any claim will be rejected. 4.4 Transfer of Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
- Customs duties. Any order placed on the Site and delivered outside of the European Union may be subject to taxes and customs duties which may be levied when the package reaches its destination. These customs duties and taxes related to the delivery of a product are the responsibility of the Customer. The Seller is not obliged to check and inform the Customer of customs duties and taxes. To find out about these, the Seller advises the Buyer to consult the competent authorities of his/her country.
- Cancellations and returns 6.1 The Buyer has a period of twenty-four hours to exercise his/her right to withdrawal his/her order. 6.2 The Buyer will not be able to cancel an order once the Goods has been shipped. 6.3 Where a claim of defect or damage is made (excluding damage caused by the transport) then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise, the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) if the Goods are in fact defective. 6.4 The Buyer shall return the Goods after having notified the Seller by email (email@example.com) no later than 7 working days after delivery, with proof. The Goods must be returned in their original packaging, in their original condition, and accompanied by the invoice (or a copy) per package to the appropriate address as listed in the refund policy. The Buyer must send the carrier’s invoice to the Seller for compensation. If the Goods are not returned by the Buyer within 5 working days after receipt of the return authorization email, the return will be considered canceled, and the Buyer must keep the Goods. 6.5 Any returned Goods will be refunded or exchanged within a maximum period of fifteen (15) days from its receipt by the Seller. The refund will not include the cost of return (excluding Goods with a manufacturing defect). If the Buyer has chosen a refund, the amount to be refunded will be credited to the Buyer’s bank account. If the Buyer has chosen an exchange, the Seller will send the item in exchange (the Seller will bear the shipping costs of the exchange). Exchanges are only valid for changes of the same Good. Failure by the Buyer to comply with these conditions, including the terms of return or exchange, the Seller will not refund the Goods concerned.
- Orders 7.1 Orders are placed in English, in € (EUROS). Any Order that can be placed by the Buyer directly on the Site carries the obligation of payment. During the Order placement, the Buyer agrees to provide the information requested in the form and assures its truthfulness. The Seller cannot be held liable for typing errors by the Buyer in the order form. The Buyer must ensure that he/she has provided accurate and complete information regarding the delivery address (street, building, stairwell, access codes, names, and/or intercom numbers, etc.). Any reshipment caused by any mistake or lack of precision on the delivery address will be the responsibility of the Buyer. 7.2 The confirmation of the Order is made in accordance with the provisions of the Consumer Code as per the “double click” process. 7.3 It is clearly stated that the validation of the Order requires the Buyer to pay for the Order immediately. Once the order has been validated by the Buyer by “double click”, a page acknowledging receipt of the Order pos on the screen. The Buyer must therefore provide a valid e-mail address when completing the fields relating to his/her identity. Any Order validated by the Purchaser by the “double click” process constitutes an irrevocable acceptance that can only be brought into question within the limits provided for in these Terms and Conditions. In particular, all orders imply acceptance of prices and descriptions of products on sale. 7.4 The Seller reserves the right to suspend or cancel the execution of any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous Orders. 7.5 Certain Products may be made available for Pre-Order on the Site prior to their official release date. The Customer may place a Pre-Order, it being specified that he/she acknowledges having read the information regarding the release date at the time of the opening of the Pre-Order phase. Being solely responsible for the marketing of the Goods, the Seller reserves the right to modify this release date at any time. In the event that some Goods are pre-ordered on the Site, the Pre-Order will be paid in the same way as for conventional orders. Only the delivery will be delayed until the announced release date. Delivery of the Product will be made a few days after the official release date.
- Warranty and limitation of liability. 8.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. 8.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however, the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods. The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation, or otherwise.
- intellectual property. Under no circumstances is the Customer allowed to download or modify all or part of the Site and in particular its content (products listed, descriptions, images, texts, etc.). This Site or any part of this Site must not be reproduced, copied, sold, or exploited for commercial purposes without the express written permission of the Seller. In general, all copyrights, trademarks, and other distinctive signs and rights of ownership or intellectual property appearing on the Site will remain the exclusive property of the Seller or its partners. The Customer is therefore required to respect the intellectual property rights and may not use the brands appearing on the Site and the Products, if any, or file a trademark that would prejudice the owner of the rights unless contractual provision to the contrary. The same is true for any other intellectual property right.
- Force majeure. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of strikes, lockouts, pandemic, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. In case of occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt. Explicitly, those events are deemed to be cases of force majeure which are usually held to be so by the decisions of the jurisprudence of the courts and tribunals of Spain. All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
- Severance. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
- Update. These general terms and conditions can be modified at any time and without notice by Formidable Books, the applicable conditions being those in force on the date of the order by the Customer.
- Governing law and jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the law of Spain and the parties hereby submit to the exclusive jurisdiction of Spain’s courts.
Agreement. By accessing this site, you agree to be bound by the terms and conditions of this Agreement. Formidable Books strives to ensure the accuracy and updating of the content available on this site and reserves the right, at any time, to modify, or to interrupt temporarily or permanently, all or part of the site, without having to inform you in advance. The Company will do its utmost to offer available and verified information and/or tools to users, but cannot be held liable for errors, lack of availability of information, and/or the presence of viruses on its Site.
Intellectual Property. The contents of the site are protected by copyright. Any total or partial reproduction of the content of the site is prohibited without the consent of the author. In a non-exhaustive manner, it is thus specified that the distinctive signs, trademarks, logos, graphics, photographs, animations, videos, and texts, as well as the sound clips reproduced and represented on the site, are the intellectual property of Formidable Books or its partners, and may not be reproduced, used or represented without the express authorization of Formidable Books or that of its partners, under pain of prosecution. Users guarantee that they will not modify, rent, lend, sell, or distribute any of the works on www.formidablebooks.com, and that they will not use, part or all, of this site especially for the development of derivative works.