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Conditions of Use and Sale

1. GENERAL INFORMATION

The ownership of this website, www.glancingeye.com, (hereinafter the Website) is held by Glancing Eye S.L, with CIF number: B98936289, whose contact information is:

  • Address: Street Guillem de Castro 9, 5th floor A, Valencia – 46007- Spain
  • Contact telephone number: +34 642 247 337
  • Contact email: info@glancingeye.com

This document (as well as all the other documents here mentioned) regulates the conditions of use and sale (hereinafter, Conditions) of this Website (www.glancingeye.com).

For the purpose of these Conditions, it is understood that the activity developed by Glancing Eye in the Website includes:

Interior and exterior design services: designs in 3D views, panoramic 360º and virtual reality. Moreover, services for developing and selling different types of 3D models. As well as furniture and home decoration selling, belonging to other companies who authorize them to do this as suppliers.

Before accessing, browsing or using this website, Users must have read the Legal Notice and all General Conditions of Use, including Cookies Policy and Privacy Policy of Glancing Eye. When using this Website or ordering/buying a product or service, Users agree to be bound by these Conditions. If you do not agree with all that, you must not use this Website.

Likewise, these Conditions may be modified and Users are responsible for consulting them every time they access, browse or use the Website. When acquiring products and services, the current conditions will be applicable.

For all questions that Users may have in relation to the Conditions, they can contact the owner by using the contact information provided above or the contact form.

 

 

2. USERS

The access, navigation and use of the Website imply that Users accept all Conditions here established. In this way, by using this website and placing orders on it, Users agree to:

-Use this website for legally valid consultations or orders only.

-Not place any false or fraudulent orders. If Glancing Eye has reasonable grounds for considering a placed order to be of this kind, they shall have the right to cancel it and inform the relevant authorities..

-Provide Users email address, postal address and/or other contact information truthfully and correctly. Users also consent to Glancing Eye using this information to contact them if necessary (see our Privacy Policy).

If Users do not provide Glancing Eye with all the information they need, Glancing Eye will not be able to process the Users order. When placing an order through this, Users declare that they are over 18 years old and have the legal capacity to enter into contracts.

 

 

3. PURCHASE PROCESS

Users can buy on the Website by the established means and ways. They must follow the online purchase process of www.glancingeye.com, on which they can select products and services and add them to the cart, basket or final purchase space and, finally, click on “Proceed to check out” “Place order” “Finish purchase”.

Also, Users must fill in and check the information found in each step during the purchase process and also before making the payment because purchase data can be modified.

Next, Users will receive an email where Glancing Eye will confirm that they received the order, that is, the order confirmation. And when a purchase is being sent, Users will be informed by email. In this case, Users can also access the Website through their personal account/space.

Once the purchase process has been completed, Users consent that this Website generates an electronic invoice which will be sent to Users via email and in your personal space. Likewise, Users may, if desired, obtain a copy of their paper invoice by requesting it to Glancing Eye. They can use the contact spaces on Website or the contact information provided above.

Users acknowledge staying current, when purchasing, with certain particular conditions of sale which concern the products or services in question. Usually, Users can find this information next to the product presentation or image, where is indicated: name, price, components, weight, quantity, color, details, characteristics, how they will be carried out and their cost. Furthermore, Users acknowledge that when purchasing, ordering or acquiring products, the particular conditions of sale applicable to each case are being accepted.

Communications, purchase orders and payments which take place during the transactions made on the Website may be archived and kept in the computerized records of Glancing Eye with the purpose of creating evidences of transactions. In any case, Glancing Eye will respect the security conditions as well as the corresponding laws and regulations, and particularly in accordance with the LOPD (Organic Act on Data Protection) and the privacy policy of this Website (Legal Notice and General Conditions of Use and Sale).

 

 

4. AVAILABILITY

All orders that Glancing Eye will receive through the Website are subject to the availability of the products and to the circumstances or causes of force majeure (clause nine of these Conditions). If problems should arise in supplying the products or if items are out of stock, Glancing Eye will contact Users and refund them any amount that may have been paid. This will also be applicable in those cases in which a service is not carried out.

 

 

5. PRICES AND PAYMENT

Prices on the Website are the final ones, in Euros (€) and include taxes. But, depending on the legal requirements, especially in relation to VAT, a different issue is applied.

However, unless otherwise indicated, prices exclude shipping costs, which may be added to the total amount when managing the delivery or shipping process.

Prices may change at any time, but these possible changes will not affect to orders of those Users who already received an order confirmation.

The payment methods accepted will be: Credit or debit card and PayPal.

Glancing Eye uses all waya to guarantee the confidentiality and security of payment data transmitted by Users during transactions through the Website. Furthermore, the Website uses a secure payment system SSL (Secure Socket Layers).

If the payment method is PayPal, gift card or credit card, the charge will be made at the moment when Glancing Eye sends to Users an order confirmation.

In any case, by clicking on “Finish purchase” Users confirm that they are the owners or holders of that gift card or credit card.

 

 

6. DELIVERY

When delivering physical objects, these will be made within the following territory: Spain.

Unless there are circumstances arising from customisation of the products, or unexpected or extraordinary circumstances occur, Glancing Eye will send the order consisting of the product or products listed in each Confirmation within the time indicated on the website for the selected delivery method, and in any event, within the maximum period of 30 days from the date of the Order Confirmation.

If, for some reason, Glancing Eye is not able to comply with the delivery date, Glancing Eye will inform Users of such a circumstance and give you the option to continue with the purchase, establishing a new delivery date, or to cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If Glancing Eye is unable to deliver the Users order, Glancing Eye will try to find a safe place to leave it. If Glancing Eye cannot find a safe place, Users order will be returned to their warehouse. In this case, Glancing Eye will leave a note explaining where the order is and what to do to have it delivered again. If Users are not going to be at the delivery location at the time of delivery, please contact Glancing Eye to arrange for the delivery to be made another day.

If 30 days have passed since the order was available for delivery and this could not be delivered for causes which cannot be attributed to Glancing Eye, Glancing Eye will understand that Users wish to withdraw from the contract and Glancing Eye will consider it to be terminated. Due to the termination of the contract, Glancing Eye will refund all the payments received from Users, including delivery charges (except for any additional charges due to your choice of a delivery method other than the cheapest ordinary delivery method) without any undue delay, and in any case, in a maximum of 14 days from the date that Glancing Eye considers the contract to be terminated.

However, Users must note that the transport arising from the termination may incur an additional cost, and Glancing Eye will therefore have the right to charge them for the corresponding costs.

For the purposes of these Terms and Conditions, a “delivery” will be deemed completed or the order will be deemed “delivered” when Users or a third party indicated by them acquires the material possession of the products, accredited with the signature of receipt of the order at the delivery address specified.

Product risks shall be the Users responsibility from the moment of delivery. Users will acquire ownership of the products when Glancing Eye receives payment in full for all amounts owed in relation to said products, including shipping costs, or at the time of delivery if the delivery takes place subsequently.

In accordance with the Law 37/1992, of 28th December, on Value Added Tax (VAT), purchase orders and deliveries which are made inside the Spanish territory except Canarias, Ceuta and Melilla, must apply VAT. The VAT type will be the valid one in each moment depending on the specific product.

On this matter and in accordance with the Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, purchase orders will be located in the Member State of the European Union in which the purchase order address is located and, therefore, the valid VAT will be the current one in that Member State.

For other different locations, the current regulations will be applied in each moment; Users must have in mind that this could generate additional taxes and customs duties, in accordance with the current regulations of each destination, and these could be borne by Users. For more information, Users must go to the customs office of their destinations.

 

 

7. TECHNICAL MEANS TO CORRECT ERRORS

If Users detect any error when entering necessary data to process their orders on the Website, they may modify what they need by contacting Glancing Eye through the contact spaces enabled on the Website, or by using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by Users through their personal space in the Website.

In any case, before clicking on “Finish purchase”, Users will have access to the cart, or basket where all their purchase requests are written down and they can make changes.

Additionally, Users can read the Legal Notice and General Conditions of Use to obtain more information and know how to exercise their right to rectification as established in the Organic Law 15/1999, of 13 December, on the Protection of Personal Data.

 

 

8. RETURN POLICY

When Users buy products on this Website, they have a series of rights which are listed and described below:

Right of withdrawal

If Users are entering into a contract as a consumer and user, they have the right to withdraw from the contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from when Users or a third party designated by them, other than the courier, came into material possession of the goods or if the goods that make up their order are delivered separately, within 14 calendar days from when Users or a third party designated by you, other than the courier, came into material possession of the last item of the goods.

To exercise this right of withdrawal, Users must notify their decisions to Glancing Eye by using the contact spaces and forms enabled on the Website or in:

  • Glancing Eye S.L.- Guillem de Castro 9 Street, 5th floor, Valencia- 46007;
  • Phone: +34 642 247 337
  • Email: info@glancingeye.com

Regardless of the way that Users choose to communicate their decisions, they must express clearly and unequivocally that they want to desist from the contract.

In order to keep to the withdrawal period, Users only need to send a communication which unequivocally expresses their decision to stop and all by meeting the deadline.

In case of withdrawal, Glancing Eye will refund the Users for all payments received, including shipping costs, without any delay and, no later than 14 days from the date on which Glancing Eye is informed about their decision to desist.

Glancing Eye will refund Users by using the same payment method that Users selected when they made the initial purchase transaction. This refund will not generate any additional cost to Users. However, Glancing Eye may withhold this refund until they receive the products or articles, or until Users submit a proof of this return, it will depend on the situation.

Users can return or send the products to Glancing Eye in:

  • Street: Guillem de Castro 9, 5th floor, A, Valencia- 46007;

And Users must do it without any delay and, in any case, no later than 14 days from the date on which Glancing Eye is informed about their decision to desist.

Users will be responsible for meeting the costs of returning products to Glancing Eye (such us transportation, delivery).

Users acknowledge that there are exceptions to the right of withdrawal, as set out in article 103 of the Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the general law for the protection of consumers and users and other complementary laws. In an expository manner, but not exhaustive, this would be the case of: Products which are made to your specifications or clearly personalized; Products which cannot be returned or are liable to deteriorate or expire rapidly.; audio or video recordings in any format or computer software, that have been provided in a sealed package and that have been unsealed by Users.; Products which are sealed for health protection or have a seal for hygiene reasons which has been removed by Users after delivery.

In this same sense, regarding the provision of a service that Users could contract on this Website, this same Law establishes that the Right of withdrawal will not attend Users when a service has been fully executed, or when it has begun, with the consent of Users. Also Users acknowledge that once the contract has been fully executed by Glancing Eye, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used, or products are not in the same condition in which they were delivered or they have suffered any damage after delivery.

Return of faulty products or error on shipping

This concerns all those cases in which Users consider that, at the time of delivery, the product does not correspond to the stipulations of the contract /purchase order, and therefore, they should contact Glancing Eye immediately and inform them about the disagreement (defect / error) by the same way or using the contact information provided in the previous section (Right of Withdrawal).

Then Glancing Eye will inform Users of how to proceed for returning products. And these products, once returned, will be examined and Users will be notified within a reasonable time, if it will be refunded or replaced.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that refund or replacement is applicable.

The amount paid for those products which are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that Users could have to return a product. The refund will be made by the same way of payment that Users used to pay for the purchase.

In any case, the rights recognized in the current legislation will be taken into account for Users.

Guarantee

Users have guarantees on the products which can be acquired through this Website, under the terms legally established for each type of product. Therefore, Users can manifest to Glancing Eye their dissatisfaction within a period of two years from the delivery of the product.

On this matter, products will be in accordance with the contract provided when: they correspond to the description made by Glancing Eye and have the same features; suitable for use them as a product of the same type; which present the usual qualities and features as a product of the same type. When the products delivered to Users do not accomplish this, Users must proceed as indicated in the section Return of faulty products or error on shipment. However, some of the products could present nonhomogeneous characteristics when they derive from a type of material, and in this case this will be their appearance, and it will not be considered as defect.

On the other hand, if Users acquire a product belonging to another brand, manufacturer, or third part, in this case, when Users considers it as a faulty product, they can contact directly the brand or manufacturer responsible for the product to find out how to exercise their right of legal guarantee during the two years after the delivery of these products. For this, Users must have kept all the information in relation to the guarantee of the products.

 

 

9. LIMITATION OF LIABILITY

Unless expressly indicated otherwise in these Terms and Conditions, the Glancing Eye liability in relation to any product acquired on our website is limited strictly to the purchase price of said product. However, unless there is a legal ruling to the contrary, Glancing Eye will not accept any liability for the following losses, regardless of their origin:

-any loss which is not attributable,

-financial loss (including lost profits, income, or otherwise),

-any other indirect or consequential loss

 

Likewise, Glancing Eye also limits its responsibility in the following cases:

– Glancing Eye applies all necessary measures to provide a faithful display of the product on the Website. However, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution on the screen, browser problems or others.

-Glancing Eye will act with the utmost diligence to give the product to the company in charge of transporting it. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific causes which derive from delays, losses or theft.

-Technical failures which prevent a normal operation of the service via Internet. Lack of availability of the Website for maintenance or other reasons, which prevents to get the service. Glancing Eye puts all means at its disposal with the purpose of carrying out the purchase, payment and delivery process correctly, however Glancing Eye is not liable for causes that are not attributable to it.

-Glancing Eye will not be responsible for the misuse or wear of products that have been used by Users. At the same time, Glancing Eye will not be responsible for any erroneous return made by Users. Users must have responsibility to return the correct product.

-In general, Glancing Eye will not be responsible for any breach or delay in the fulfilment of any of these obligations. When it is caused by reasons which are out of our control, that is, force majeure, this may include:

>Strikes, lockouts and other events relating to labour disputes.

>Civil unrest, uprising, invasion, terrorist threat or attack, war (declared or undeclared) or the threat of or preparations for war.

>Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.

>Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private.

>Impossibility of using public or private telecommunications systems.

>Acts, decrees, legislation, regulations or restrictions by any government or public authority.

 

Glancing Eye obligations will be understood to be suspended while the Force Majeure event is happening, and Glancing Eye will be allowed to extend the time in which its obligations must be fulfilled by a period as long as the duration of the Force Majeure event. Glancing Eye will use all reasonable means to bring the Force Majeure event to an end or find a solution that will let them fulfil their obligations despite the Force Majeure event.

 

 

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, Users accepts that the greater part of communications with Glancing Eye are electronic (email or notices published on the Website).

For contractual purposes, Users consents to use these electronic means of communication and recognizes that all contracts, notifications, information and other communications that Glancing Eye sends electronically meet the legal requirements. This condition will not affect the rights recognized by law to Users.

Users can send notifications or communicate with Glancing Eye through the contact data provided in these Conditions as well as the contact spaces of the Website.

Likewise, unless otherwise stated, Glancing Eye may contact and notify Users in their email address or in the postal address provided.

 

 

11. WAIVER

If Glancing Eye does not require Users to comply strictly with their obligations arising from a contract or from these Terms and Conditions, or if Glancing Eye does not exercise the rights or take the actions to which we are entitled by virtue of such a contract or these Terms and Conditions, this will not mean that Glancing Eye waives or limits such rights or actions, nor does it exempt Users from complying with such obligations.

If Glancing Eye waives a specific right or action, this will not imply that Glancing Eye waives any other rights or actions arising from a contract or these Terms and Conditions. If Glancing Eye waives any of these Terms and Conditions or the rights or actions arising from a contract, this will not be legally effective, unless it is expressly established that this is a waiver, the waiver is formalised and Users are informed in writing, as established in the Written Communications and Notifications section above.

 

 

12. NULLITY

Should any of these Conditions or any provision of a contract be declared null and void by a final decision issued by the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by this declaration of nullity.

 

 

13. ENTIRE AGREEMENT

These Terms and Conditions and any document that is expressly referenced herein constitute the full agreement between Glancing Eye and Users with regard to the purpose thereof and they replace any other prior pact, agreement or promise made between Glancing Eye and Users, whether verbally or in writing.

They both recognise that they have agreed on a contract without relying on any statement or promise made by the other party or which could be inferred from any statement or written text in the negotiations between both parties before the contract, except for that explicitly mentioned in these Terms and Conditions. Neither of Glancing Eye will be entitled to any action regarding any untrue verbal or written statement by the other party before the date of a contract (unless the untrue statement was made fraudulently) and the only action to which the other party will be entitled will be for a breach of the contract, as established in these Terms and Conditions.

 

 

14. DATA PROTECTION

The information or personal data that Users provide to Glancing Eye during a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing or using the Website, Users consent to process their information and data and declare that all the information or data provided is truthful.

 

 

15. LAW AND JURISDICTION

The use of this website and the contracts to purchase products through the website will be governed by Spanish law. Any dispute that arises because of or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts. If Users are entering into a contract as a consumer, nothing in this clause will affect the rights that as such are recognised by current legislation.

 

 

16. RIGHT TO MODIFY THESE TERMS AND CONDITIONS

Glancing Eye reserves the right to modify the Terms and Conditions. Glancing Eye will keep Users informed of any substantial changes made thereto. These changes will not be retroactive and, barring possible exceptions depending on the specific case, they will take effect 30 days after they are published in the corresponding notice.

If Users do not agree with the changes made, Glancing Eye recommends them to not use this website.

 

 

17. COMMENTS AND COMPLAINTS

Users can send us their comments and suggestions, as well as any questions, complaints or claims using the contact information provided at the beginning of these Conditions (General Information).

Glancing Eye also has official complaint forms available to consumers and users. Users can request them by using the contact information provided at the beginning of these Conditions (General Information).

In this regard, if the acquisition between Users and Glancing Eye was carried out online using this website, in accordance with EU Regulation No. 524/2013, of 21 May, Glancing Eye hereby inform Users that they are entitled to request an out-of-court settlement to consumer disputes through the website https://ec.europa.eu/consumers/odr/ 

 

 

Last modified: 08/21/2018