Terms of service
Purpose
These legal terms govern the use of and access conditions for the website www.tiwiworld.com (hereinafter, the “Site”), a website owned by Fromtheworldwithlove (hereinafter, “My Company”).
Use of or access to this Site implies that you (hereinafter, the “User”) acknowledge that you have read and understood these legal terms of use and agree to comply with them in full.
If you, as a User, do not agree with any of these terms, you must stop accessing this Site.
Ownership of the Site
In accordance with Law 34/2002 of 11 July and other applicable legislation, we inform you that this website, www.tiwiworld.com, is owned by the entity trading under the corporate name Fromtheworldwithlove, with Tax ID number B86997194.
This entity has its registered office at Calle Ruiz Perelló, 3, 28028 Madrid, Spain.
You may contact Fromtheworldwithlove by telephone on 619167126 or by email at info@tiwiworld.com.
Unless expressly stated otherwise, communications with Fromtheworldwithlove may be made by post at the physical address or by email. The company will contact the User by email using the address it holds or that has been provided for this purpose.
Operation of the Site
Fromtheworldwithlove reserves the right to modify, at any time, unilaterally and without prior notice to its users, the content, structure, operation or access conditions of this Site.
However, users of the Site acknowledge and accept that some of the information contained on it may be incorrect, incomplete or outdated, or may contain typographical errors. Fromtheworldwithlove is not obliged to update the content of this Site and shall not be liable for any failure to update such information. It is the sole responsibility of the User to assess the accuracy and/or usefulness of any information, advice, opinion or any other content available through this Site.
Likewise, Fromtheworldwithlove reserves the right to temporarily suspend access to this Site, without prior notice, in order to carry out maintenance, updating, improvement or repair work.
The User is prohibited from using this website for the sending, transmission or publication of any unlawful, threatening, slanderous, defamatory, propagandistic, scandalous, obscene, pornographic or any other material that may give rise to civil or criminal liability under applicable law. In any case, the User shall be responsible for such acts.
Fromtheworldwithlove also does not guarantee that this website or the servers hosting it are free from viruses or other potentially harmful software, nor the availability, continuity, usefulness or error-free operation of this Site, its services or its content; nor the legality, reliability or usefulness of the information and content supplied by third parties through this Site.
As a general rule, only natural persons and legal entities with sufficient legal capacity in accordance with applicable law may use this Site. Exceptionally, minors who have obtained prior authorisation from their parents or legal guardians may use the Site, in which case such parents or guardians shall be responsible for the use made of the Site by the minor in their care.
User Conduct. Prohibitions
Use of the content and services offered by Fromtheworldwithlove shall be at the User’s sole risk and responsibility.
The company assumes no duty or commitment to verify or monitor content or information introduced by users.
The User undertakes to use the website and all its content and services diligently, always in compliance with the law, good practice and these general terms and conditions, and always showing respect for other users.
Likewise, the User undertakes to make proper use of the materials and information contained on the website, not using them to carry out unlawful activities or criminal acts, or acts that infringe the rights of third parties, or that violate intellectual or industrial property regulations, or any other rules of the applicable legal system, being solely liable to Fromtheworldwithlove and third parties for any breach of the provisions set out herein.
The User undertakes not to transmit, introduce, disseminate or make available to third parties any type of material or information that is contrary to the law, morality, public order or these general terms of use.
In all cases, the User must always provide truthful information that cannot give rise to any confusion, as well as correct identifying details, and must never impersonate third parties or act on their behalf.
In relation to any infringement or irregularity, please note that your computer’s IP address is recorded simply by accessing our website.
Protected Areas of the Website
In general, access to Fromtheworldwithlove services shall not require prior subscription or registration by the User.
Use of certain services may be conditional upon first obtaining a personal account by registering as a User. This registration shall take place in the manner expressly indicated on the website.
This Site may contain restricted-access areas protected by usernames and passwords or other security mechanisms. The User shall not attempt to access such restricted-access areas unless duly authorised by Fromtheworldwithlove, nor shall they attempt to circumvent or manipulate the protection mechanisms established by it.
Any User who has been authorised by Fromtheworldwithlove to access any of these protected areas shall be solely responsible for keeping strictly confidential, and not disclosing to third parties, the usernames, passwords and other security methods provided by Fromtheworldwithlove for accessing such protected areas. The User shall therefore be solely responsible for any damages arising from failure to keep the aforementioned security mechanisms confidential.
The User is hereby informed that any attempt to gain unauthorised access to the restricted-access areas of this Site may give rise to civil and/or criminal liability.
Intellectual and Industrial Property
All content on the Site, including, without limitation, trademarks, logos, graphics, images, sound and video files, software, programming code, texts, icons and the names identifying services (hereinafter, the “Materials”), are the property of Fromtheworldwithlove and are protected by current legislation on intellectual and industrial property rights.
The User’s access to this Site does not imply any waiver, transfer or assignment, in whole or in part, of such proprietary rights. For this reason, access to such content or elements does not, under any circumstances, grant the User the right to copy, sell, modify, reproduce, publish, assign, transmit or create new products or services derived from the information and elements contained herein.
Accordingly, the User of this Site may not, without the prior express written authorisation of Fromtheworldwithlove, copy, distribute, download, modify, delete, remove, alter, publish, transmit or exploit in any way the Materials contained herein.
The User acquires no rights or licence in relation to the service or the elements contained therein, except for the limited right to use the service in accordance with the applicable terms. The User may only use the content or elements accessed through Fromtheworldwithlove services for their own personal use and needs, and undertakes not to engage, either directly or indirectly, in any commercial exploitation of the services, Materials, elements or information obtained through them.
Disclaimer of Warranties and Liability
All information contained on this Site is provided “as is”, and Fromtheworldwithlove makes no warranties of any kind, whether express or implied, regarding the accuracy, reliability or completeness of this Site. Fromtheworldwithlove makes no express or implied warranties, including, without limitation, warranties of quality, merchantability or fitness for a particular purpose.
Fromtheworldwithlove also does not guarantee that this website, or the servers hosting it, are free from viruses or other potentially harmful software.
Fromtheworldwithlove does not guarantee the availability, continuity, usefulness or uninterrupted operation of this Site, its services or its content; nor the reliability or usefulness of information and content supplied by third parties through this Site. Although Fromtheworldwithlove makes every reasonable effort to ensure the availability, access, continuity and proper functioning of this Site and its services, it does not guarantee them, as they may be affected by numerous factors beyond its control. Consequently, it shall not be liable, within the limits established by current law, for damages of any kind caused to the User as a result of the aforementioned unavailability, access failures or lack of continuity.
Limitation of Liability
Fromtheworldwithlove shall not be liable in any way for any direct or indirect damage, loss of profits, or loss of data and/or customers arising from users’ use of, or inability to use, this website.
This Site may contain hyperlinks (“links”) and references to other websites and webpages that may not be controlled by Fromtheworldwithlove. In such cases, Fromtheworldwithlove shall not be responsible for the content that may appear on such pages.
The User expressly agrees to hold Fromtheworldwithlove harmless from any liability arising from the User’s acts or omissions based on the content hosted on this Site.
The User expressly understands and accepts that any type of content, software or any other material that they download or otherwise obtain through this Site is done at their own risk, and that they, as User, shall be solely responsible for any damage or loss of data caused to their computer systems.
Fromtheworldwithlove has taken all reasonable measures to ensure that the information contained on this Site is correct. However, users of the Site acknowledge that some of the information contained on this Site may be incorrect, incomplete or outdated, or may contain errors.
Right of Exclusion and Partial Invalidity
Fromtheworldwithlove reserves the right to cancel, remove or deny the use of all or some of the services on the website to any User, without prior notice, if, in its judgment and under any circumstances, the User is making improper use of it.
If a competent court rules that any of the provisions contained in these legal terms is unlawful or null and void, such provision shall be excluded if legally required. The User expressly accepts that the remaining non-excluded provisions shall not be modified and shall remain in full force and effect.
Applicable Law and Jurisdiction
This Site is located and operated from Spain. All matters relating to this Site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without regard to conflict of laws principles. In cases where the User is not considered a consumer, or where the User is domiciled outside Spain, Fromtheworldwithlove and the User shall submit to the Courts and Tribunals of “My City”, expressly waiving any other jurisdiction that may correspond to them.
If the User decides to use or consult this Site from outside Spain, they must bear in mind that they do so on their own initiative and are responsible for compliance with the relevant local laws.
Duration and Review
Although the legal relationship between Fromtheworldwithlove and the User arising from access to and use of the Site is of indefinite duration, it shall be deemed terminated at the time the company modifies these general terms and conditions. At the time the company announces the modification of the general terms and conditions, and the User accesses and uses the Site’s services and content, a new legal relationship of equally indefinite duration shall be deemed to have commenced between the parties.
Without prejudice to the foregoing, Fromtheworldwithlove is entitled to suspend, interrupt or terminate unilaterally, at any time and without prior notice or cause, the provision of any of the services it offers.
Fromtheworldwithlove reserves the right to review these terms of use unilaterally and without prior notice at any time. The revised terms shall enter into force as soon as they are published on this Site. If the User makes regular use of this Site, they must review the terms on a regular basis and refrain from accessing the Site if they do not consider any of the revised terms acceptable.
General Terms and Conditions of Sale
This contractual document shall govern the General Terms and Conditions for the purchase of glasses and accessories (hereinafter, the “Conditions”) through the website www.tiwiworld.com, owned by FROMTHEWORLDWITHLOVE, S.L. under the trade name TIWI, hereinafter, the PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions shall remain published on the website and available to the USER for reproduction and storage as confirmation of the contract, and may be amended at any time by FROMTHEWORLDWITHLOVE, S.L. It is the USER’s responsibility to read them periodically, as those in force at the time an order is placed shall apply. FROMTHEWORLDWITHLOVE, S.L. shall archive the electronic document formalising the purchase and keep it available to the USER should they request it.
Contracts shall not be subject to any formality except in the cases expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- Has read, understands and comprehends what is set out herein.
- Has sufficient legal capacity to enter into a contract.
- Accepts all the obligations set out herein.
These Conditions shall remain valid indefinitely and shall apply to all contracts entered into through the PROVIDER’s website.
The PROVIDER informs you that the business is responsible for and aware of the legislation in force in the countries to which it ships products, and reserves the right to amend these Conditions unilaterally, without this affecting goods or promotions purchased prior to such amendment.
Identity of the Contracting Parties
On the one hand, the PROVIDER of the glasses and accessories purchased by the USER is FROMTHEWORLDWITHLOVE, S.L., with registered office at AVDA. CAMINO DE LO CORTAO 28A, NAVE 3, 28703, SAN SEBASTIÁN DE LOS REYES, MADRID, Tax ID No. B86997194, and customer service telephone number 913554291.
On the other hand, the USER, registered on the website by means of a username and password, for whose use and safekeeping they are fully responsible, and who is responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the Contract
The purpose of this contract is to regulate the contractual sale and purchase relationship arising between the PROVIDER and the USER at the moment when the USER accepts the corresponding checkbox during the online contracting process.
The contractual sale and purchase relationship entails the delivery, in exchange for a specified price publicly displayed on the website, of glasses and accessories.
Rectification of Data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify them by email to info@tiwiworld.com so that FROMTHEWORLDWITHLOVE, S.L. may correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Contracting Procedure
In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register via the website by creating a user account. To do so, the USER must freely and voluntarily provide the personal data required, which shall be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR), concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), concerning the protection of personal data, as set out in the Legal Notice and Privacy Policy of this website.
The USER shall choose a password and undertakes to use it diligently and not make it available to third parties, as well as to notify the PROVIDER of its loss or theft, or any possible unauthorised access by a third party, so that the PROVIDER may immediately block it.
Once the user account has been created, the USER is informed that, pursuant to article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow these steps:
- General contracting clauses.
- Shipping and delivery of orders.
- Right of withdrawal.
- Complaints and online dispute resolution.
- Force majeure.
- Jurisdiction.
- General aspects of the offer.
- Price and validity period of the offer.
- Shipping costs.
- Payment methods, charges and discounts.
- Purchase process.
- Severability and suspension or termination of the contract.
- Warranties and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise agreed in writing, placing an order with the PROVIDER shall imply the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER shall not dispatch any order until it has verified that payment has been made.
Goods shall normally be shipped by express courier (SENDING, SEUR, DHL, etc.), depending on the destination freely designated by the USER.
Shipment shall be made once product availability has been confirmed and payment for the order has been verified.
Delivery times shall range between 2 and 7 working days, depending on the destination and the payment method chosen. The estimated shipping and delivery dates shall be provided before the order is confirmed.
Failure to perform the distance contract
If the contract cannot be performed because the contracted product or service is not available within the expected period, the USER shall be informed of the lack of availability and shall be entitled to cancel the order and receive a full refund of the amount paid at no cost, without this giving rise to any liability on the part of the PROVIDER for damages.
The PROVIDER shall not assume any liability where the delivery of the product or service cannot be made because the data provided by the USER are false, inaccurate or incomplete.
Delivery shall be deemed to have taken place at the moment when the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by means of a simple statement, require the PROVIDER to remedy such lack of conformity, reduce the price or terminate the contract. In any of these cases, the USER may also claim compensation for damages, where appropriate.
The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER has fulfilled the obligations established in this contract.
It is the USER’s responsibility to check the products on receipt and to state all reservations and claims that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
Withdrawal form: (ADD LINK TO THE RETURNS PAGE)
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sale and purchase contract in the case of a service, to exercise the right of withdrawal, regulated in article 102 of 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, hereinafter RLD 1/2007. If the PROVIDER fails to comply with its duty to inform and document the right of withdrawal, the period for exercising it shall end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RLD 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed in article 103 of RLD 1/2007, which are set out here.
Any return must be notified to the PROVIDER by requesting it through the form made available for this purpose, indicating the relevant information requested in that form.
If the return is not made in the original delivery packaging, the PROVIDER may charge the USER the corresponding cost of the product that is not returned, informing the USER in advance through the same communication channel used.
4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint the USER considers appropriate shall be dealt with as quickly as possible and may be submitted through the following contact details:
- Postal address: FROMTHEWORLDWITHLOVE, S.L., AVDA. CAMINO DE LO CORTAO 28A, NAVE 3, 28703, SAN SEBASTIÁN DE LOS REYES, MADRID.
- Telephone: 913554291
- Email: info@tiwiworld.com
Online Dispute Resolution
In accordance with article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for the online resolution of disputes between the USER and the PROVIDER, without the need to go to court, through the intervention of a third party called a dispute resolution body, which acts as an intermediary between the parties. This body is neutral and will engage with both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be deferred until the force majeure event has ceased.
6. JURISDICTION
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any provision of these Conditions is considered null and void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares that they have read, understood and accepted these Conditions in their entirety.
7. GENERAL ASPECTS OF THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of FROMTHEWORLDWITHLOVE, S.L. or to what is stipulated herein shall have effect unless expressly agreed in writing and signed by the PROVIDER. In such case, those particular agreements shall prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or any other taxes that may be applicable. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling fees, or any other additional services ancillary to the purchased product.
The prices applicable to each product are those published on the website and shall be expressed in EURO. The USER acknowledges that the economic valuation of some products may vary in real time.
Before making a purchase, the USER may check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed.
Once the order has been placed, prices shall remain unchanged whether or not products are available.
Any payment made to the PROVIDER shall entail the issue of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice may be requested by email or by any of the means made available by the PROVIDER, and the USER shall be informed that they may revoke this decision at any time.
For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number, 913554291, or send an email to info@tiwiworld.com.
9. SHIPPING COSTS
The prices published in the store do not include shipping or communication costs, installation or download costs, or complementary services, unless expressly agreed otherwise in writing.
Shipping costs shall be calculated when saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.
- Standard Shipping: Between 3 and 5 working days – FREE
- Premium Shipping (SEUR): Between 2 and 3 working days – €3.95
- Collection at SEUR Pickup Point: Between 4 and 5 working days – FREE
- Collection at InPost Pickup Point: Between 4 and 5 working days – FREE
*Products shipped to the Canary Islands, Balearic Islands, Ceuta, Melilla and the rest of the world are subject to a special rate. (THE CUSTOMER SHALL BE RESPONSIBLE FOR CUSTOMS COSTS IF APPLICABLE) and shipping shall be carried out by DHL EXPRESS.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and offers the following payment methods for placing an order:
- Credit card
- PayPal
- Google Pay
- Apple Pay
The USER may use a discount coupon immediately before completing the purchase if they have received one from the PROVIDER.
Security Measures
The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider may obtain data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank, or that may or could potentially harm their goodwill or negatively influence them.
The sale or offer of a product or service that does not comply with all applicable laws affecting the Buyer, Issuing Bank, Merchant or Cardholder is prohibited under the card brand programmes.
11. PURCHASE PROCESS
Any sunglasses product or accessory from our catalogue may be added to the basket. In the basket, only the items, quantity, price and total amount shall be displayed. Once the basket has been saved, shipping costs and discounts shall be calculated based on the payment and shipping details entered.
Baskets have no administrative binding effect; they are simply an area in which a quotation can be simulated without any commitment on either side.
An order may be placed from the basket by following these steps for its proper completion:
- Email address verification.
- Shipping and billing address verification.
- Selection of payment method.
- Place the order (purchase).
Once the order has been processed, the system instantly sends an email to the USER’s email address confirming that the order has been placed.
Orders (purchase requests)
Following confirmation of the order, information shall be provided regarding the status of the order and the approximate shipping and/or delivery date.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is considered illegal, null or unenforceable for any reason, that provision shall be considered severable and shall not affect the validity and enforceability of any remaining provisions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, if the USER fails to comply with the obligations established in this contract or with any legal provision, licence, regulation, directive, code of practice or policy applicable to them.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. WARRANTIES AND RETURNS
Warranties shall be governed by the provisions set out in the Title relating to “Warranties and After-Sales Services” of 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.
14. APPLICABLE LAW AND JURISDICTION
These Conditions shall be governed by and interpreted in accordance with Spanish law in all matters not expressly established herein. Any dispute arising from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of performance of the obligation, or the place where the property is located if the property is immovable.