Terms and conditions

Terms and Conditions – Legal Notice

These Terms and Conditions regulate the contractual relationship regarding the information, maintenance and product acquisition that www.simon-tom.com offers on its online store.

The website www.simon-tom.com is owned by Tomer Farkas (hereinafter “the Website”), with registered office at Passatge Can Polític, 17, Hospitalet de Llobregat.

If you wish to contact www.simon-tom.com, you can do so by writing to us at the aforementioned address or, if you prefer, by phone +34 933 606 357 or email info@simon-tom.com.

www.simon-tom.com makes this document available to users in order to comply with the obligations set out in Law 34/2002 of Information Society Services and Electronic Commerce, and to inform them of the Terms and Conditions for Use of the Website. Any person accessing this Website confirms that they understand and comply with the provisions of this text, as well as that of other legal and commercial notices made available by www.simon-tom.com through different links on the Website.

www.simon-tom.com reserves the right to modify the information found on the Website, with no obligation to give users advance notice of said modification.

Accessing and using the Website attributes the status of User, which implies that said User accepts this Legal Notice, in the version published at the time of access. If the User does not agree with the Terms and Conditions, they must refrain from accessing the Website or using the services provided through it.

If the User is a minor, they must inform their parents or guardians of this Legal Notice, the Privacy Policy and the Cookie Policy. It is the parents/guardians who must express acceptance of the terms laid out in these documents before the minor uses the Website or its services.

We recommend that special attention is paid when reading our policies with regard to the General Terms and Conditions, Privacy Policy and Cookie Policy, especially before making a purchase or providing us with personal data. Access to certain Content, Products and/or Services offered through the Website may be subject to certain specific conditions that, depending on the case, may substitute, complete and/or modify this Legal Notice. Therefore, prior to accessing and/or using said Contents, Products and/or Services, the user must also carefully read the corresponding specific conditions. In the event of a discrepancy between that which is established in this Legal Notice and any specific conditions of a particular service, the latter shall prevail.

USE

The User undertakes to only use this website to make legally valid inquiries or orders and not to make any false or fraudulent orders. Otherwise, we shall be authorised to cancel said order and to inform the relevant authorities. It is strictly prohibited to use the website for illicit or detrimental purposes including, but not limited to, the intentional introduction of viruses, Trojan horses or any other technologically harmful material. We will not be held liable for any damage or loss which affects your computer as a result of the aforementioned actions, the use of this website, the downloading of content from said website or from external sites which the website redirects to.

www.simon-tom.com cannot be held responsible for the misuse or misappropriation of the contents or information published on the Website. The User acknowledges and accepts that all information and/or contents accessed through the Website is for their sole and exclusive personal and non-transferable use. It is strictly prohibited to assign to third parties, in any way, shape or form, all or part of the information and/or contents which the user may have access to through the Website.

COMMUNICATIONS

In the application of article 20 and the following articles from Law 34/2002, of 11 July, of Information Society Services and Electronic Commerce, www.simon-tom.com will not send commercial communications by email without express authorisation from the recipient. In any case, the user can at any time request that commercial information not be sent to them by contacting us through the customer service channels or by emailing us at info@simon-tomshop.com.

REGISTRATION

Some services offered through the Website are reserved for registered users, for example, making and following up on purchases. Any user wishing to register on the Website must complete the registration form provided by www.simon-tomshop.com through the Website itself and choose a password for access to the restricted areas which require prior identification.

www.simon-tom.com undertakes to handle and process all registered user data in accordance with the Privacy Policy.

The user undertakes to provide true, accurate and complete data, and to update all the data provided in order that it remains true, accurate and complete. At any moment, the user can modify their client registration details (change of address, telephone number, etc.) or request their password should they forget it.

Each user’s password is personal and should not be used by third parties; permitting others to use private passwords places the user at risk of identity theft. The user undertakes to guard and use their password diligently and to immediately communicate to www.simon-tom.com any incident, such as theft, loss or unauthorised access, which could allow for its improper use, in order to proceed to its immediate cancellation. www.simon-tom.com will not be held responsible for any consequences derived from the improper use of passwords.

The registered user acknowledges that they have read and understood the Terms and Conditions of this Legal Notice, as well as the registration conditions included herein, and that they agree to comply with all its provisions. Likewise, the user acknowledges that they have read and accepted the Privacy Policy.

LINKS

Our website may contain links to other websites, social networks or third-party materials. These links are provided for informational purposes only and www.simon-tom.com has no control over the content of said websites or materials. Consequently, www.simon-tomshop.com will not be held responsible for any damage or loss arising from the use of these third-party links or materials.

PRIVACY POLICY AND COOKIE POLICY

To learn more about our Privacy Policy and our Cookie Policy, please access our Privacy Policy and/or our Cookie Policy directly.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website belongs to Tomer Farkas and as such it is strictly prohibited to make use of it without prior written authorisation from the owner. The intellectual and industrial property rights relating to the contents of the Website (including designs, texts, images, fonts, graphics, icons, photographs and other audiovisual or sound contents), its graphic design, distinctive features (trademarks and brand names), underlying computer software (including source codes), and the different elements that make up the Website, all correspond to Tomer Farkas and only Tomer Farkas has the right to use and exploit them, and in that sense they constitute works protected by the legislation in force regarding intellectual and industrial property, both nationally and in other jurisdictions.

The use of the Website by the User does not imply in any way the transfer of the intellectual and/or industrial property rights relating to the website, its contents and/or its distinctive features. To this end, and by means of this Legal Notice, except in cases for which it is legally permitted, the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting and/or reusing all or part of the contents of the Website. It is strictly prohibited to copy or modify, fully or partially, the designs, texts, images, fonts, graphics, icons, trademarks or other visual contents. In this sense, the contents of the Website may not be used or reproduced, neither fully or partially, on any application or website; it may not be printed on any physical product nor may it be copied, reproduced, modified, used or distributed for any purpose, without prior authorisation from Tomer Farkas. Tomer Farkas reserves the right to take corresponding civil or criminal action against any user who violates the industrial or intellectual property rights.

EXEMPTION FROM LIABILITY

Tomer Farkas has taken all the necessary measures to ensure the proper functioning of the Website. However, Tomer Farkas will not be held responsible for any lack of availability of the Website at any given time, either due to technical reasons, system maintenance, interference, interruptions of the Internet service providers or any other cause or fault produced in access to and functioning and operating of the Website, nor for interruptions, suspensions or malfunctioning of the website for reasons beyond Tomer Farkas’ control.

Tomer Farkas will not be held responsible for damages of any nature that may be due to the lack of availability or continuity of the functioning of the Website, or to any inutility that users may have attributed to the Website, to the fallibility of the Website or, in particular but not exclusively, to failures in accessing the different pages of the Website or those from which the service is provided.

Tomer Farkas does not control or guarantee the absence of viruses or other elements on the Website and/or its contents, which may cause alterations to its computer system (software and hardware), or in the electronic documents and files stored on its computer system; and Tomer Farkas will not assume any responsibility for damages of any nature that may arise due to the presence of viruses or the presence of other elements in the contents that may produce alterations in the computer system, electronic documents or files of the Users.

Tomer Farkas does not guarantee that the content of the Web is updated, complete and accurate or that the content does not contain defects, errors and/or viruses. In no case shall Tomer Farkas be held responsible for the production of any type of damage caused by users or third parties on the Web.

Tomer Farkas is not responsible for the contents or the veracity and/or quality of information provided by its collaborators, clients and/or users, nor for the effectiveness and/or use made by said collaborators, clients and/or users of the Website and the information contained therein. Tomer Farkas is not responsible for the contributions, opinions, judgments, comments or contents that collaborators, clients and/or users could contribute through any of the mechanisms made available, such as social networks, comments, evaluations, or comments on the Blog, which violate current regulations and/or injure third-party rights, nor does he necessarily share the opinions and contents contributed by collaborators, clients and/or users. The legal responsibility shall correspond to the collaborator, client and/or user who makes the infraction.

Tomer Farkas excludes to the fullest extent permitted by the legal system, any liability for damages of any kind that may be due to access to the Website by unauthorised persons, or for the knowledge that unauthorised third parties may gain about the category, conditions, characteristics and circumstances of the way in which users use the Website; nor for the transmission, diffusion, storage, provision, reception, obtaining or access to the contents, and in particular, although not exclusively, for any damages that may be due to:

(I) failure to comply with the law, morality, common decency or public order as a result of the transmission, dissemination, storage, making available, reception, obtaining of or access to the Web and/or App and its contents;

(II) infringement of intellectual and industrial property rights, trade secrets, contractual commitments of any type, or of the rights to honour, personal and family privacy and personal image, or of property rights and all other rights belonging to a third party as a result of the transmission, dissemination, storage, making available, receiving, obtaining of or access to the Website and its contents;

(III) the performance of acts of unfair competition and illegal advertising as a result of the transmission, dissemination, storage, making available, receiving, obtaining of or access to the Website and its contents;

(IV) the lack of veracity, accuracy, completeness, expedience and/or updating of the Website and its contents;

(V) the unsuitability for any kind of purpose or the defrauding of expectations generated by the Website and its contents;

(VI) the non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations assumed by third parties and contracts with third parties through, or in connection with, access to the Website and its contents;

(VII) the vices or defects of any kind of the contents transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the Website.

APPLICABLE LAW AND JURISDICTION

This Legal Notice is governed by Spanish Law. Provided that the user is not a “consumer or user” as defined by Spanish regulations, and unless the applicable law mandates otherwise, the parties agree to submit to the Courts and Tribunals of Barcelona, expressly waiving any another jurisdiction.

SHIPPING

How long does it take for my order to arrive?

The delivery time for orders is usually 24-72 working hours from the time the order is placed for peninsular shipments. In the case of the Balearic Islands, Canary Islands, Ceuta and Melilla will take a little longer to arrive.

If for any reason your order is delayed we will contact you to let you know.

Once the order is placed, it is not allowed to make any change in the shipping address, unless the customer bears the costs and is expressly accepted by the parties.

How much does shipping cost?

Shipping costs are not included in the price of the items. These will appear broken down in the summary of your purchase. The costs are calculated depending on the destination and therefore will be:

Spain (peninsula): 5€.

Europe:€15

International: €25

What if I am not at home when the courier comes to deliver my order?

After a first delivery attempt, the carrier will leave a notice for you to contact him and set a new delivery date. This delivery can be made at the shipping address you indicated or at one of the offices of the carrier.

What do I do if my order does not arrive?

If after a period of 7 working days from the confirmation of your order you have not received it you can contact us through our mail: info@simon-tomshop.com

Can I pick up my order at a physical store?

At this time it is not possible. We have a physical store in Sitges, where you can make your purchase directly from the items we have available there. We will always be delighted to receive you.

RETURNS

Can I return an item?

Only in case the product is in bad condition. In this case, you can send the damaged product back and we will send you a carefully re-tested one. There is no refund of the amount paid.

You will have to fill in our return form, stick it to the package wrapper and process the return shipment to our offices through the same transport company with which we sent it to you.

Can I make a store return?

Now it is not possible. We ask you to make the return as we have indicated by post. Sorry for the inconvenience, we are working on it.

What is the deadline to make a return?

The maximum time you must send us the return form is 7 working days from the date of receipt of the order. Once this period has elapsed, we will not be able to accept the return of your order.