Terms of service

 


TERMS OF USE AND PURCHASE ON ww.notfromswitzerland.com

 

 

  1. OUR INFORMATION


Welcome to the website www.notfromswitzerland.com.
Ownership of this website www.notfromswitzerland.com (hereinafter, the Website) is held by the Student Association "ASOCIACIÓN JUNIOR EMPRESA FUNE" (hereinafter FUNE), with Tax ID G23882376 and registered address at Carrer de la Ciutat d'Asunción 16, 08030 Barcelona, in the municipality of Barcelona, ZIP code 08030, province of Barcelona, Spain. Contact via email at info@notfromswitzerland.com and registered in the Registry of Associations of the Generalitat de Catalunya under number 78660.


 

  1. INTRODUCTION

This document, together with the list of documents cited herein, establishes the terms and conditions governing this website (www.notfromswitzerland.com) and the purchase of products through it (hereinafter, the “Terms”), regardless of the device or application used to access it.

These Terms apply to all users of the site, including, without limitation, users who are visitors, suppliers, customers, merchants, and/or content contributors.

Please read these Terms and our Privacy and Cookies Policy (hereinafter, the “Privacy and Cookies Policy”) carefully before accessing, browsing, and/or using our website. By accessing, using, or placing an order through the website, you agree to be bound by these Terms and by all of the foregoing; therefore, if you do not agree with the Terms and the Privacy and Cookies Policy, you should not access the website or use any of the services.

Please also note that these terms and conditions may be modified. It is your responsibility to review and consult them each time you access, browse, and/or use the Website, as the terms in effect at the time of placing an order for products will apply. 

Our store is hosted at www.shopify.es

They provide us with the online e-commerce platform, which allows us to sell you our products and services.

Please feel free to contact us through any of our contact channels if you have any questions regarding the terms and conditions and/or the privacy and cookie policy.

 

  1. DATA PROTECTION

The personal data you provide to us and/or that we collect will be processed in accordance with our Privacy and Cookies Policy. Please read our Privacy and Cookies Policy carefully. By accessing, browsing, and/or using the Website, the user consents to the processing of such information and data and declares that all information or data provided is accurate.

 

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY

The contents of this Website—including text, images, sounds, animations, trademarks, etc.—as well as its graphic design, source code, and other industrial and intellectual property rights are protected by Spanish legislation on intellectual and industrial property rights in favor of FUNE. Therefore, any reproduction, distribution, or public communication, in whole or in part, is strictly prohibited without the express authorization of FUNE.

 

  1. WEBSITE CONTENT AND LINKS

FUNE is not liable for any misuse of the content on our website; such liability rests solely with the person accessing or using it. Nor do we assume any liability for the information contained on third-party websites that may be accessed via links or search engines from this website.

 

  1. PROPER USE OF THE WEBSITE/THE USER

Accessing, browsing, and using the Website confers the status of user (hereinafter, interchangeably, User or You), and therefore, from the moment you begin browsing the Website, you accept all the Terms and Conditions set forth herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as applicable.

Thus, the User assumes responsibility for the proper use of the Website. Therefore, when You use the Website and/or place orders through it, You agree to:

 

-         Use the website in accordance with the law and for the purpose of making inquiries and/or placing orders.

-         Do not place orders that may be considered false or fraudulent.

-         Provide the necessary contact and billing information truthfully and accurately. If it could reasonably be considered that a purchase of this nature has been made, it may be canceled and the relevant authorities will be notified.

If you do not provide us with the information we need, we will be unable to process your order.

Furthermore, by placing an order through this website, you acknowledge and declare that you are over 18 years of age and have full legal capacity to enter into contracts.

The User may, at their discretion, enter into a sales contract with FUNE for the desired products and/or services in any of the languages in which these Terms and Conditions are available on this Website.

 

  1. PROHIBITED USES

Use of the website and/or its content is prohibited; therefore, you must not:

-         use the website and/or its content for any illegal purpose;

-         ask others to commit or participate in unlawful acts;

-         violate any regulations, rules, international, federal, provincial, or state laws, or local ordinances;

-         infringe or violate our intellectual property rights or those of third parties;

-         harass, abuse, insult, harm, defame, slander, discredit, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability;

-         submit false or misleading information;

-         upload or transmit viruses or any other type of malicious code that is or may be used in any way that could compromise the functionality or operation of the Service or any related website, other sites, or the Internet;

-         introduce and/or transmit worms, viruses, Trojan horses, or any code of a destructive nature;

-         collect or track personal information about others;

-         generate spam, phishing, pharming, pretexting, spidering, crawling, or scraping;

-         for any obscene or immoral purpose;

-         interfere with or circumvent the security features of the Service or any related website;

-         attempt to gain unauthorized access to this website, the server on which this website is hosted, or any server, computer, or database related to this website.

In the event of any such breach, the service will be automatically suspended, and you will no longer be authorized to use this website. Furthermore, such breaches will be reported to the competent authority.

In this regard, please note that FUNE is not liable for any damages or losses that may arise from any viruses, Trojans, or other malware that may affect your computer or computer equipment, data, materials, or other items as a result of using this website and/or downloading its content.

 

  1. NOTES ON TECHNICAL ASPECTS

FUNE assumes no liability for any issues arising from technical problems or malfunctions in computer equipment that occur during connection to the Internet, nor for any damages that may be caused by third parties through unauthorized interference beyond FUNE’s control. We are also exempt from any liability for any damages or losses the user may suffer as a result of errors, defects, or omissions in the information we provide when it originates from sources outside our control.

  1. PURCHASE PROCESS

Users may make purchases on the Website through the established means and methods. They must follow the online purchase and/or acquisition procedure on www.notfromswitzerland.com, during which various products and/or services may be selected and added to the cart, shopping basket, or final checkout page, and finally click “Pay now.”

Likewise, the User must fill out and/or verify the information requested at each step; however, during the purchase process, before making the payment, the purchase details may be modified.

Once the order is placed, you should receive a confirmation email containing the general terms and conditions.

Once the purchase process is complete, the User consents to the Website generating an electronic invoice that will be sent to the User via email, and, where applicable, through their personal account on the Website. Additionally, the User may, if they so wish, obtain a paper copy of their invoice by requesting it at info@notfromswitzerland.com using the contact forms on the Website or via the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific terms and conditions of sale pertaining to the product and/or service in question, which are displayed alongside the product description or, where applicable, its image on the relevant page of the Website, including, but not limited to, but not limited to, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, the manner in which the services will be performed and/or the cost of the services; and acknowledges that placing the purchase order or making the purchase constitutes full and complete acceptance of the specific terms and conditions of sale applicable to each case.

Communications, purchase orders, and payments involved in transactions carried out on the Website may be archived and retained in FUNE’s computerized records for the purpose of serving as evidence of the transactions, in all cases respecting reasonable security conditions and the applicable laws and regulations in force in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights, as well as the rights granted to Users in accordance with this Website’s privacy policy. 


  1. AVAILABILITY

All purchase orders received by FUNE through the Website are subject to product availability and/or the absence of any circumstance or force majeure event (Clause 15 of these Terms and Conditions) affecting the supply of such products and/or the provision of services. If difficulties arise regarding the supply of products or if products are out of stock, FUNE undertakes to contact the User and refund any amount that may have been paid. This shall also apply in cases where the provision of a service becomes impossible.



  1. PRICES AND PAYMENT METHOD 


The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise specified and applied due to legal requirements, particularly with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, FUNE provides delivery and/or shipping services through logistics operators such as Correos and DHL.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted payment methods are: Credit or debit card and Shop Pay

FUNE uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Payment is processed securely through the payment platform integrated into Shopify.

Credit cards are subject to verification and authorization by the issuing bank. If the bank does not authorize the payment, FUNE will not be liable for any delay or failure to deliver and will not be able to enter into a contract with the User.

The card will be charged at the time the User confirms the order.



  1. DELIVERY

 

In cases where physical delivery of the purchased item is required, deliveries will be made internationally.

FUNE provides delivery and/or shipping services through logistics operators such as Correos and DHL. However, there may be shipping restrictions to certain destinations due to logistical, legal, or other reasons beyond FUNE’s control.

If the shipment cannot be made to the address provided by the User, FUNE reserves the right to cancel the order and refund the amount paid.

Except in cases involving unforeseen or extraordinary circumstances or, where applicable, those arising from product customization, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum of 30 calendar days from the date of order confirmation.

If, for any reason attributable to FUNE, FUNE is unable to meet the delivery date, it will contact the User to inform them of this circumstance, and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.

If it proves impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is located and how to arrange for redelivery.

If the User will not be at the delivery location during the agreed-upon time slot, they must contact FUNE to arrange delivery for another day.

If 30 days have passed since the order was available for delivery and it has not been delivered for reasons not attributable to FUNE, FUNE will assume that the User wishes to withdraw from the contract, and the contract will be deemed terminated. As a result of the termination of the contract, all payments received from the User will be refunded, with the exception of any additional costs resulting from the User’s own choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any case, within a maximum of 14 calendar days from the date the contract is deemed terminated.

However, the User should be aware that the shipping costs resulting from the termination may incur an additional charge that may be passed on to them.

For the purposes of these Terms and Conditions, delivery shall be deemed to have occurred or the order to have been delivered at the moment the User or a third party designated by the User takes physical possession of the products, which shall be evidenced by the signature confirming receipt of the order at the agreed delivery address.

Any risks arising from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when FUNE receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs after FUNE has received full payment of the amount due.

In accordance with the provisions of applicable regulations regarding Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located within the territory subject to Spanish VAT when the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla.

In the case of international shipments, tax treatment may vary depending on the destination country and may be subject to additional taxes, duties, or fees, which shall be borne by the User.

The applicable VAT rate will be the one legally in force at any given time, depending on the specific item in question.




  1. TECHNICAL MEANS TO CORRECT ERRORS

The User is hereby informed that if they detect an error when entering the data required to process their purchase request on the Website, they may modify such data by contacting FUNE through the contact sections provided on the Website, and, where applicable, through those provided for contacting customer service, and/or by using the contact information provided in the first clause (General Information).

In any case, before clicking “Pay now,” the User has access to the shopping cart or basket where their purchase requests are recorded and can make modifications.

Similarly, the User is referred to the Privacy Policy for further information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights.


14. RETURNS


In cases where the User purchases products on or through the Owner’s Website, they are entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and is therefore entitled to withdraw from said purchase within 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, took physical possession of the goods purchased on the FUNE Website, or, if the goods comprising the order are delivered separately, 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, took physical possession of the last of those goods comprising the same purchase order, or in the case of a service contract, 14 calendar days from the day the contract was concluded.

To exercise this right of withdrawal, the User must notify FUNE of their decision. They may do so, where applicable, through the contact sections provided on the Website or via info@notfromswitzerland.com

Regardless of the method chosen to communicate their decision, the User must clearly and unequivocally state that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that FUNE makes available as an annex to these Terms and Conditions; however, its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding deadline expires.

In the event of withdrawal, FUNE will refund the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which FUNE is informed of the User’s decision to withdraw. The User acknowledges that they must bear the direct cost of returning the goods (shipping, delivery).

FUNE will refund the User using the same payment method the User used to make the initial purchase transaction. This refund will not incur any additional costs for the User. However, FUNE may withhold such refund until it has received the products or items from the purchase, or until the User provides proof of their return, whichever condition is met first.

The User may return or send the products to FUNE at the address provided, using the shipping method of their choice. Carrer de la Ciutat d'Asunción 16, 08030 Barcelona

And must do so without undue delay and, in any case, no later than 14 calendar days from the date FUNE was informed of the decision to withdraw.

The User acknowledges that they must bear the direct cost of returning the goods (shipping, delivery), if any such costs are incurred. Furthermore, they shall be liable for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not limited to, this would apply to: personalized products; products that may deteriorate or expire rapidly; music or video CDs/DVDs without their original factory-sealed packaging; products that, for hygiene or health reasons, are sealed and have been unsealed after delivery.

The provision of a service that the User may contract on this Website is governed by the same principles, as this same Law establishes that Users shall not have the Right of Withdrawal when the service has been fully performed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully performed by FUNE, they will have lost their right of withdrawal.

In any case, no refund will be issued if the product has been used beyond merely opening it, for products that are not in the same condition in which they were delivered, or that have suffered any damage after delivery.

Likewise, products must be returned using or including all their original packaging, instructions, and any other accompanying documents, as well as a copy of the purchase invoice.

You can download the Model Withdrawal Form at the following link: https://cdn.shopify.com/s/files/1/0985/1790/9888/files/WITHDRAWAL_FORM.pdf?v=1776238610

Return of defective products or shipping errors

This applies to all cases in which the User considers that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, and that, therefore, they must contact FUNE immediately and notify us of the existing non-conformity (defect/error) through the same channels or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with returning the products, and once returned, these will be examined, and the User will be informed, within a reasonable timeframe, whether a refund or, where applicable, a replacement is warranted.

The refund or replacement of the product will be processed as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that a refund or replacement of the non-compliant item is warranted.

The amount paid for products returned due to a defect, when such a defect actually exists, will be refunded in full, including delivery charges and any costs the User may have incurred to return the item. The refund will be issued via the same payment method the User used to pay for the purchase.

In any case, the User’s rights under the legislation in force at any given time, as a consumer and user, shall always apply.


Warranties

The User, as a consumer and user, is entitled to warranties on the products purchased through this Website, in accordance with the terms established by law for each type of product. FUNE is therefore liable for any lack of conformity that becomes apparent within three years of the product’s delivery.

In this regard, it is understood that the products are in conformity with the contract provided that: they conform to the description provided by FUNE and possess the qualities set forth therein; they are suitable for the uses for which products of the same type are ordinarily intended; and they exhibit the quality and performance typical of a product of the same type and that are fundamentally expected of it. If this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section “Return of Defective Products or Shipping Errors.”

However, some of the products sold on the Website may have non-uniform characteristics provided that these stem from the type of material used in their manufacture, and which therefore form part of the product’s individual appearance and do not constitute a defect.

Furthermore, it may happen that the User purchases a product on the Website that is a brand-name product or manufactured by a third party. In this case, if the User considers the product to be defective, they may also contact the brand or manufacturer responsible for the product to determine how to exercise their legal warranty rights directly against them within three years of the delivery of said products. To do so, the User must have retained all information regarding the product warranty.




15. DISCLAIMER OF LIABILITY


Unless otherwise provided by law, FUNE shall not accept any liability for the following losses, regardless of their origin:

(i)               any losses not attributable to any breach on its part;

(ii)              business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); or

(iii)            any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between the parties was formalized.

Likewise, FUNE also limits its liability in the following cases:

(i)               FUNE takes all measures to provide an accurate representation of the product on the Website; however, it is not liable for minor differences or inaccuracies that may arise due to low screen resolution, issues with the browser used, or other similar factors.  

(ii)              FUNE will act with the utmost diligence to make the product subject to the purchase order available to the company responsible for its transport. However, it is not liable for damages resulting from transport malfunctions, particularly due to causes such as strikes, roadblocks, and generally any other issues specific to the sector, which result in delays, loss, or theft of the product.

(iii)            Technical failures, whether due to unforeseeable circumstances or other causes, that prevent the normal operation of the service via the internet. Unavailability of the Website due to maintenance or other reasons, preventing access to the service. FUNE uses all means at its disposal to carry out the purchase, payment, and shipping/delivery of products; however, it disclaims liability for causes not attributable to it, unforeseeable events, or force majeure.  

(iv)            FUNE shall not be liable for misuse and/or wear and tear of products that have been used by the User. At the same time, FUNE shall not be liable for an erroneous return made by the User. It is the User’s responsibility to return the correct product.       

(v)              In general, FUNE shall not be liable for any failure or delay in fulfilling any of the obligations assumed when such failure or delay is due to events beyond its reasonable control, that is, due to force majeure, which may include, but is not limited to:   
  

-         Strikes, lockouts, or other industrial action.

-         Civil unrest, riots, invasions, terrorist threats or attacks, war (whether declared or not), or threats of or preparations for war.           

-         Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.        

-         Inability to use trains, ships, airplanes, motor vehicles, or other means of transportation, whether public or private.          

-         Inability to use public or private telecommunications systems.

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

Thus, obligations shall be suspended for the duration of the force majeure event, and FUNE shall be granted an extension of the deadline for fulfilling them for a period equal to the duration of the force majeure event. FUNE shall use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.


16. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with FUNE will be electronic (email or notices posted on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent by FUNE electronically meet the legal requirements of being in writing. This condition shall not affect the rights granted to the User by law.

The User may send notifications and/or communicate with FUNE using the contact information provided in these Terms and, where applicable, through the contact sections of the Website.

Likewise, unless otherwise stipulated, FUNE may contact and/or notify the User via their email address or the postal address provided.

17. WAIVER

No waiver by FUNE of a specific right or legal action, or FUNE’s failure to require strict compliance by the User with any of its obligations, shall constitute a waiver of other rights or actions arising from a contract or these Terms, nor shall it relieve the User of the obligation to comply with its obligations.

No waiver by FUNE of any of these Terms or of the rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.


18. INVALIDITY

If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.


19. ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and FUNE regarding the subject matter of the sale and supersede any prior agreement, understanding, or promise made verbally or in writing by the same parties.
The User and FUNE acknowledge that they have entered into this contract without relying on any statement or promise made by the other party, except as expressly set forth in these Terms and Conditions.


20. APPLICABLE LAW AND JURISDICTION


Access to, browsing of, and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.
Any dispute, issue, or disagreement arising from or related to the access, browsing, and/or use of the Website, or to the interpretation and enforcement of these Terms, or to the sales contracts between FUNE and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts, with the competent court being that corresponding to the User’s domicile.


21. COMPLAINTS AND CLAIMS
The User may submit complaints, claims, or any other comments to FUNE using the contact information provided at the beginning of these Terms and Conditions (Our Contact Information).
In addition, FUNE provides official complaint forms available to consumers and users, which they may request from FUNE at any time using the contact information provided at the beginning of these Terms and Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase agreement between FUNE and the User, the User, as a consumer, may request out-of-court dispute resolution in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You may access this method via the following website: http://ec.europa.eu/consumers/odr/.


22. UPDATES AND MODIFICATIONS TO THE WEBSITE AND/OR THESE TERMS
FUNE reserves the right to modify or remove, without prior notice, both the information contained on its website and its configuration and presentation, without assuming any liability for doing so.
Likewise, FUNE reserves the right to modify, in any case, these terms and conditions of purchase, provided that such modifications are not retroactive.
It is your sole responsibility to review these terms and conditions regularly. If you do not agree with the modifications that have been made, you should not use this website.


LAST MODIFICATION DATE: 12/05/2026