TERMS OF USE
1. INTRODUCTION
2. CUSTOMER INFORMATION AND AGREEMENT
3. AVAILABILITY OF THE SHIPPING SERVICE AND THE PRODUCTS MARKETED THROUGH THE TOUS WEBSITE
4. ORDERS
5. EXCHANGE AND/OR RETURNS POLICY
6. PURCHASE AS A GUEST
7. PRICES AND TAXES
8. FRAUD ALERT
9. CUSTOMER SERVICE
10. THE COMPANY’S RESPONSIBILITIES
11. WARRANTIES
12. RESPONSIBILITY AND DISCLAIMER IN THE EVENT OF CUSTOMER DISSATISFACTION WITH THE PRODUCT MARKETED ON THE TOUS WEBSITE
13. VIRUSES, PIRACY AND OTHER CYBER ATTACKS
14. INDUSTRIAL AND INTELLECTUAL PROPERTY
15. PREVENTION OF MONEY LAUNDERING AND TERRORISM FINANCING
16. WRITTEN COMMUNICATIONS
17. TRANSFER OF RIGHTS AND OBLIGATIONS
18. WAIVER
The failure of TOUS to demand strict compliance with any of the obligations assumed by the Customer under a contract or these Conditions, or the failure of TOUS failure to exercise the rights or actions to which it may be entitled by virtue of this contract or the Conditions, will not constitute a waiver or limitation of any kind in relation to those rights or actions, nor will it exonerate the Customer from fulfilling such obligations.
No waiver by TOUS of a specific right or action will imply a waiver of other rights or actions deriving from a contract or from the Conditions.
No waiver by TOUS of any of these Conditions or the rights or actions arising from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the Customer in writing in accordance with the aforementioned terms above.
19. COMPLETE AGREEMENT AND PARTIAL NULLITY
These Conditions, and all documents referred to expressly in them, make up the entire existing agreement between the Customer and TOUS, in regard to their purpose. Likewise, they replace any other pact, agreement or previous promise made between the Customer and TOUS, verbally or in writing.
The Customer and TOUS acknowledge that they have agreed to enter into a contract without having relied on any declaration or promise made by the other party or that could be inferred from any declaration or written document in the negotiations made by both prior to it, except for what is expressly mentioned in these Conditions.
Neither the Customer nor TOUS has any recourse against any untrue declaration made by the other party, verbally or in writing, prior to the date of a contract (unless the untrue declaration was made fraudulently) and the only recourse available to the other party will be for breach of contract, in accordance with what is set out in these Conditions.
If any of these Conditions or any provision of a contract were to be declared null and void by a firm resolution from a competent authority, the remaining terms and conditions will remain in effect, without being affected by said declaration of invalidity.
20. MODIFICATION OF CONDITIONS
TOUS reserves the right to review and modify these Conditions at any time. The Customer will be subject to the policies and Conditions in effect at the time they use this website or place each order.
21. APPLICABLE LAW AND JURISDICTION
Use of the TOUS website will be governed by Spanish law. Any controversy that arises or is related to the use of the website or to these contracts will be submitted to the non-exclusive jurisdiction of the courts and tribunals of the Customer’s domicile.
