Terms of service

This document contains the Terms of Use (hereinafter "the Conditions") that regulate this website, as well as the contract that binds both parties - the buyer and the seller - signed through the purchase of items/services displayed on the brand's website or any external link it may redirect to. The buying party will be constituted by the user who makes a purchase of any item/service through this website, while the selling party will be the owner of the website, whose details are provided below.

For more information, please carefully read these Conditions, as well as all other legal documents, before authorizing payment and placing an order. Once the payment is authorized, you consent to be bound by these conditions, so if you do not agree with these documents, refrain from placing any orders. These Conditions may be unilaterally modified by the Owner, so you should read them before placing each order.

For any questions or concerns related to the Conditions or the Privacy Policy, you can consult our website, where you will find a contact form for this purpose.

Identification and Ownership:

In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that the Owner of the site www.agostore.es is:

Owner: FEDERICO CROCELLA

NIE: X0923805X

Address: Calle de Bonavista 6, Exterior Bajos Izquierda, 08012 Barcelona.

Purpose:

The purpose of the website www.agostore.es is the purchase of decoration items and furniture.

Conditions of Use:

The use of the website grants you the status of User and implies the complete acceptance of all clauses and conditions of use included in the pages:

Legal Notice Privacy Policy Cookies Policy These Conditions are the only ones applicable to the use of this website and replace any other, unless there is prior, express, and written consent from the Seller. These Conditions are important for both parties as they constitute the legally binding agreement between them, protecting their rights as customers. If you do not agree with each and every one of these clauses and conditions, refrain from using this website.

Access to this website does not imply, in any way, the initiation of a commercial relationship with the Owner.

Through this website, the Owner provides access and use of various content that the Owner or its collaborators have published on the Internet.

In this regard, you are obligated and committed NOT to use any of the contents of the website for illegal purposes or effects, prohibited in this Legal Notice or by current legislation, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or prevent the normal use of content, computer equipment, or documents, files, and all kinds of content stored on any computer equipment owned or contracted by the Owner, other users, or any Internet user.

In particular, you declare that, by placing an order, you have read and accepted these conditions, and in particular:

• You can only use the website to make legally valid inquiries or orders.
• You may not place any speculative, false, or fraudulent orders. If the brand reasonably suspects that such an order has been made, it is authorized to cancel it and inform the relevant authorities.
• You agree to provide us with your email address, postal address, and/or other contact details accurately and correctly, and you consent to us using this information to contact you if necessary (see our Privacy Statement).
• If you do not provide us with all the necessary information for the purchase, we cannot process your order.
• By placing an order through this website, you guarantee that you are of legal age and have sufficient legal capacity to enter into binding contracts.

Service Availability:

The items displayed and offered through the website will be available worldwide except for exceptional circumstances or force majeure, which will be duly notified.

Contract Formalization:

Access to this website does not imply, in any way, the initiation of a commercial relationship with the Owner. The sales contract will not be valid and effective between both parties until the order has been accepted. In the event that the order is not accepted and a charge has been made to the buyer's bank account, the full amount will be refunded by the seller.

The contract will be formalized only when the buyer receives the Shipping or Order Confirmation, once the buyer completes the online purchasing process.

Only those products expressed in the Shipping Confirmation will be the subject of the Contract. The Owner is not obliged to supply the buyer with any other product that may have been ordered and has not been paid for or does not appear in the Shipping Confirmation.

Product Availability:

All products are subject to stock availability. In case of supply difficulties or lack of stock, the seller reserves the right to provide the buyer with information on other products of similar characteristics or similar in value that may be the subject of an order. In the event that a product for which payment has been made is out of stock, the seller undertakes to refund the amount paid by the customer.

Refusal to Process an Order:

The seller reserves the right to withdraw any product from the website at any time, as well as to remove or modify any material or content on it. However, the seller guarantees the processing of all orders, although in exceptional circumstances, it may reject the processing of some orders even after sending the Order Confirmation. It also reserves the right to refuse to process a specific order at any time and at its own discretion, with no amount payable by the customer, who will be expressly informed.

Right of Withdrawal:

The customer who has the legal status of a consumer and user may withdraw from the Contract at any time within 14 natural days following the receipt of the order. For more information, see our Returns and Refunds Policy.

The right of withdrawal from the Contract will only apply to those products that have not been personalized or customized for the customer and are returned in perfect condition. No refund will be made if the product has been used or damaged. Therefore, please handle the product with care in the case of a return.

Delivery:

Without prejudice to the above, and unless there are extraordinary circumstances or cases of force majeure, we will send the items related to the Shipping Confirmation before the delivery date stated in the Shipping Confirmation. In the case of not specifying any delivery date, the shipping period will be a maximum of 15 days from the date of the Shipping Confirmation.

If for any reason, the agreed delivery date cannot be met, the customer will be informed of this circumstance and will be given the option to proceed with the order by setting a new delivery date or canceling it with a full refund of the amount paid. It should be noted that no deliveries will be made on Saturdays, Sundays, or holidays.

The delay may result from the following situations:

• Customization or customization of products
• Specialized items
• Cases of force majeure
• Unforeseen exceptional circumstances
• Delivery area For the purposes of these Conditions, the delivery will be deemed to have occurred when the customer signs the receipt of the products at the agreed delivery address.

Transfer of Risk and Ownership:

Both the risk of the Products and their ownership will be acquired by the customer when, having received the seller's full payment of the amount resulting from the purchase process, one of the following circumstances occurs:

1. When it is the seller who sends the Products to the customer, the risk of loss or deterioration of these will be transmitted to the customer when they are physically delivered to him/her.
2. When the carrier designated by the consumer and user receives the material possession of the Products, the risk of loss or deterioration of these will be transmitted to the customer when he/she or a third party indicated by him/her other than the carrier acquires their material possession.

Price and Payment:

The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or canceling it. If we are unable to contact you, the order will be treated as canceled and you will be refunded in full for any amounts paid.

We are not obliged to provide you with any product at the incorrect lower price (even if we have sent the Shipping Confirmation) if the error in the price is obvious and unmistakable and could reasonably have been recognized by you as an incorrect price.

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

Prices may change at any time, but (except as set out above) changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.

Once you have finished shopping all the items you wish to purchase are added to your basket, the next step will be to go to the checkout process and make payment. To do this:

• Click the "Checkout" button.
• Fill in or check your contact information, the details of your order, the address for delivery of the order and the address for billing purposes.
• Enter your credit/debit card details.
• Click "Authorise payment."
• The website will display a confirmation screen, and you will also receive a confirmation email detailing your order.

Value Added Tax:

In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value Added Tax, the place of delivery of the products will be understood as the location indicated in the order.

The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.

In orders to territories of non-member states of the European Union, deliveries will be exempt from VAT by application of the provisions of Article 21 of the aforementioned Law, without prejudice to the application of taxes and duties in accordance with the regulations in force in each territory.

Payment Methods:

We accept payments by Visa, MasterCard, American Express, and PayPal.

To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.

If your payment method is not valid, we will contact you to rectify this.

By clicking "Authorise payment," you are confirming that the credit card is yours or that you have been expressly authorized by the owner to use it. Credit cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

We take reasonable care to make our website secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.

To help ensure that your shopping experience is safe, simple, and secure, the website uses Secure Socket Layer (SSL) technology.

Returns and Refunds:

You can find information about the return and refund policy in the Returns and Refunds Policy section.

Language:

The contract may be formalized in English or Spanish.

Applicable Legislation:

The language of the contract is Spanish. These conditions are subject to Spanish law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile.

If the user is domiciled outside of Spain, the seller and the user, expressly waiving any other jurisdiction, submit to the courts and tribunals of the seller's domicile.

Modification of the Conditions:

The owner reserves the right to modify, without prior notice, the conditions that it deems appropriate, publishing them on the website with due advance notice.

User Communications:

By using this website, you agree that email is the main communication channel for contacting customers. For contractual purposes, you agree to use this electronic means of communication and 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.

Notifications:

Notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 18 above and unless otherwise stipulated, we may send communications either to the email or to the postal address provided by the user when placing an order.

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

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, or otherwise limit any warranty or guarantee that may have been provided by us to you, whether express or implied.

Force Majeure:

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

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:

• Strikes, lockouts, or other industrial action.
• Civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations, or restrictions of any government.

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 endeavors 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.

Waiver:

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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability:

If any of these terms and conditions 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.

Entire Agreement:

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding, or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for fraud.

Our Right to Vary These Terms and Conditions:

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and Jurisdiction:

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Spanish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Spain.

Feedback and Concerns:

If you have any feedback or concerns, please contact us using our contact form.

Thank you for shopping with us.

Last updated: [January2024]