Last update on: 03 August 2023
These terms and conditions apply to users, hereinafter, "The User" or "The Users", who acquire the goods and / or services offered on the website falinas-home.com, hereinafter, "The Website," owned by the entity Falinas ApS, with Danish tax identification number DK41331380, with registered address at Mylius Erichsens Vej 20A Aalborg SØ 9210 Denmark, hereinafter, "The Company."
The acceptance of these terms and conditions is legally considered to represent a contract between the Company and the User, and therefore the User confirms they have the sufficient legal capacity to act in this respect as per the legislation in their country of residence. Said contract will be considered a general contract accompanying each individual contract for the purchase and sale of any specific goods and/or services ordered by the User, with such purchases said to be completed upon delivery of the relevant goods/services by the Company and payment of the corresponding price by the User, with the transaction documented in a corresponding invoice or receipt for payment.
1.1. By accepting this contract, it is agreed that the Entity will sell the products (physical and/or digital) and/or provide the services that the User decides to acquire or contract, from among all those available on the website, with the User being obliged to pay the price stipulated for each good or service available on the Website.
1.2. The User of the Website has the option to purchase the products of their choice offered on the Website, or to become a member of the loyalty or membership program, making recurring credit top-ups to benefit from more advantageous conditions, as described below.
1.3. The Website will establish, at its discretion, the range of goods and services available on the website, along with the existing stock for each product, and is free to modify said availability however and whenever it deems appropriate.
1.4. The products available on the Website will have different prices for member and non-member users, and prices will be subject to market fluctuations and the offers of third party suppliers.
2.1. The delivery time is indicated for each of the products on the Website, and normally varies between 2 and 7 working days, unless otherwise explicitly indicated. In any case, delivery will be made within a maximum period of 30 calendar days from the placing of the order.
2.2. The products are shipped via professional carriers contracted for this purpose, who will deliver the products to the address indicated in the order.
2.3. In the event that a product is not delivered within the agreed period, the User is responsible for informing the Company.
2.4. The Company has the right to subcontract third party suppliers to distribute the products or provide the contracted services, including transport services.
2.5. Should a User not proceed to accept the product they will be responsible for any expenses that may be incurred and will assume the risk in case of loss or accidental damage of the product.
2.6. The risks will be borne by the User from the moment of delivery.
2.7. The User will acquire ownership of the products from the moment in which the Entity receives full payment of the price, including shipping costs, or from the moment of delivery if this takes place at a later time.
3.1. On the website, the User may purchase various digital products that do not involve the delivery of a physical good, such as license keys and "e-books", among others.
3.2. Products described as "license keys," or "activation key," are limited to one purchase per user account, unless otherwise explicitly stated.
3.3. For the activation of certain digital products, instructions will be provided in the order confirmation email that will be sent to the email address registered in the User's account. If the User does not receive the activation instructions by email, they can contact customer services to receive them.
3.4. The digital products can be used immediately from the moment they are activated via the corresponding license key, via direct download from the website or via the sending of the digital product to the email provided, hence why returns and refunds of said digital products are not allowed.
3.5. In the event that the User is unable to receive a digital product due to any problem related to their email provider or own mail server, they may contact the customer service department for assistance.
3.6. The Company reserves the right to cancel orders for digital products should it observe any activity that is considered abusive, fraudulent or that violates these terms and conditions.
4.1. The membership or loyalty program involves the User participating in a program of recurring purchases resulting in the acquisition of credits that can be subsequently exchanged for the goods and/or services offered on the Website at the reduced prices that are determined for each product and/or service.
4.2. Users who join the membership program commit to purchasing the corresponding amount of credits or bonuses every every 14 days, according to the membership plan chosen from among those offered by falinas-home.com or in other marketing offers at the time.
4.3. Membership can be taken out by following the procedures listed on the Website or via the purchase of any product at the membership price and accepting these conditions.
4.4. The User can change their membership plan for a lower or higher one at any time from their personal account. Such change will take effect from the next automatic payment charge. In the event that the User does not pay the full price of their membership plan on the date payment is due, they will be automatically demoted to the membership plan immediately below, and will in any case be able to access the most basic membership plan, which has a monthly recharge cost of €8.00 .
4.5. The User taking out the membership is obliged to carry out an automatic reload of credits every 14 days. For each euro recharged (or currency at the exchange rate applicable in its conversion to euros) you will acquire the amount of one credit.
4.6. The recharged credits will appear in the User's personal account on the Website, and will be valid for 30 days from the moment of their acquisition, after which they will expire and therefore cannot be used in exchange for the products offered on the Website.
4.7. With each automatic top-up, the User will receive a confirmation notification of the payment made.
4.8. The User has the option to skip the following automatic recharge of credits to their membership plan, selecting this option in their personal account prior to the next scheduled recharge taking place.
4.9. In the event that the User wishes to cancel their membership plan, they must communicate said cancellation giving 14 days' notice via the "Unsubscribe" function of their personal account or by contacting the customer service team. Therefore, a membership will be effectively and definitively cancelled 14 days after this communication.
4.10. Alternatively, the User may cancel their plan immediately, without respecting the 14-day notice, by choosing this option in their personal account and carrying out a final credit recharge for the amount of 8€.
4.11. When the membership is cancelled, the perks tied to being a part of the Loyalty or membership program cannot be used anymore. However, any credits bought can still be utilized until they reach their expiration date.
4.12. The Website offers trial periods of the various membership plans. If the User does not wish to continue with the membership plan following a trial period, they must cancel it before the end of said trial period to avoid being subject to future credit reloads in accordance with the selected plan.
4.13. The Website may offer free or reduced-price redeemable credits as a welcome gift. The applicable prices and plans will be those shown at all times on falinas-home.com and in any marketing offers. Such credits are subject to expiration as per the membership plan, and the term stipulated in the probationary period. In the event that the initial trial period of the membership is terminated, the free credits provided will also be cancelled.
4.14. The Company may extend promotional offers to member users consisting in the discount of the price associated with the first shipment of products.
4.15. The Company carries out promotional and marketing activities through third-party companies, which may offer specific and different conditions to those specified here and on the web.
5.1. The prices of the products or services are those specified on the Website, or where relevant in the marketing offer, at the time of confirming the order or subscription to the service. The User is informed that prices may vary slightly due to the difference between the value in euros and the User's own currency, and the Company is not responsible for such variation.
5.2. The Company may change the price of the products or services offered at any time. In the event that the User is subscribed to a membership plan, they will be notified sufficiently in advance of said price change, and have the option to cancel their membership before the change takes effect.
5.3. The price of a product may vary depending on whether the User participates in the membership programme or not, so that, generally, product prices for member users will be considerably lower than product prices for non-member users.
5.4. The prices shown do not include the transport service necessary to send the User their order, which will be detailed in the order process.
5.5. The prices shown for the products include, where appropriate, the Value Added Tax (hereinafter, VAT) or equivalent indirect tax legally applicable in the country of consumption.
5.6. It should be noted that the VAT rate applied, where appropriate, to each product, will depend on the product purchased (since some products on the website are subject to the general VAT rate and others to reduced VAT rates) and the VAT rate applicable in the country of consumption of the product or service.
5.7. Users who place orders for products for delivery to a non-EU country may be obliged to pay import duties and taxes, which may be charged when the package arrives at its destination. Any additional amount due to customs clearance will be borne by the User. The Website has no control over such amounts, as each country has its own product import policy. It is the responsibility of the User to comply with the import regulations in force in their country.
5.8. The User agrees to receive invoices (and, where applicable, receipts) for their purchases of products and services electronically.
6.1. Unless another specialty is specified in this contract, the User has the right to exercise their right of withdrawal by returning the purchased products within a period of 14 calendar days from their physical reception. In order to do so, the User can contact the Company via the customer service email.
6.2. The Company reserves the right not to partially or totally refund the amount of the returned goods in the event that the product presents damages that would have been caused by the User, and in the case of unreturnable products for hygienic reasons or health protection if they have been unsealed.
6.3. Returns of goods will be processed by the Company in a period not exceeding 14 days from the date of receipt and inspection of the good at the Company's facilities, or from the date of communication by the customer, if the physical return of the product is not required.
6.4. The refund will be executed via the same payment method used by the User. The Company may be more flexible with its return policy depending on the circumstances of the specific case. If a user has paid part of the price in credits, this part will also be refunded in credits.
6.5. The User is obliged to provide the Entity and the carriers with all the information necessary to complete the customs formalities and to provide the necessary documents for the shipment.
6.6. The User must inform the company in the event of any defect, damage or abnormality in the product received, or if they receive fewer products than ordered, as soon as they reasonably can.
6.7. In order for the claim to be considered valid, the User must provide a photograph of the product erroneously received or, where appropriate, a photograph in which visible damages or defects can be seen.
6.8. Should a defect not have been detected at first glance, the User shall notify the Company as soon as reasonably possible of its detection; the User undertakes to provide all the information and collaboration required by the Company to investigate any suspicion of defect or damage.
6.9. The User is not authorised to return the product for refund upon delivery or through a parcel office. The transport costs for the return of products will be borne by the User if they are not a member of the membership programme, and by the Company if they are. In any case, returned products must specify the name and address of the sender and be labelled "claim" unless the return is due to the exercise of withdrawal without cause, in which case they must bear the indication "return".
6.10. Amounts paid in the purchase of credits are not refundable, even if the User does not use them during their period of validity, unless the purchase was processed owing to an error on the part of the Company and had not been consented to by the User.
6.11. The return of a good that has been partially paid for with credits will entail the return of the credits used in the acquisition of that good, as well as the return, where appropriate, of the amount paid using another means of payment, which will be refunded to that same means of payment. If the credits used for payment are refunded, the User will once again have a period of validity of 30 days in which to use them.
6.12. Digital products (license keys, e-books, etc.) are not refundable from the moment in which the software is activated or downloaded or, in other words, from the moment in which the User is able to use the contracted digital product. The User expressly acknowledges that they lose their right to withdraw from the contract from the moment they can make use of the digital product purchased, except in the event that it is defective.
7.2. The User may exercise their rights related to data protection in application of existing regulations depending on their country of residence.
7.3. In particular, Users residing in member states of the European Union may exercise their rights of access, rectification, deletion, opposition, limitation to processing and portability under the terms and conditions stipulated by the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data) and its implementing regulations.
7.4. In order to verify the identity of the User, the Company may require the User to accompany their request with a proof of identity.
8.1. The Company will not incur any liability in the event of changes in prices, taxes or duties applicable to the products, nor in the event of lack of availability or supply of the products. Nor will it be responsible in case of defaults by third parties (such as transport companies, manufacturers, etc.), in case of force majeure, or where the User has not provided their contact details and delivery address correctly, or has not received the product diligently.
8.2. The User must be diligent in confirming that they are receiving the emails sent by the Website and check that they are not being delivered to the spam folder of their email.
8.3. The guarantee offered by the Company on its products varies depending on whether the User is considered a "consumer" or a subject acting in the context of their professional activity, in accordance with the provisions of Directive 1999/44/EC of the European Parliament and of the Council. In the event that the User is considered a consumer, they will be covered by a legal guarantee or "conformity" of 2 or 3 years, depending on their country of residence, according to the application of the European Directive 2019/771.
8.4. The Web Site may contain hyperlinks to the web pages of third parties. The Company is not responsible for the content of such pages.
8.5. The Company carries out promotional and marketing activities directly and through third parties. The Company assumes no responsibility for such promotional and marketing activities carried out by third parties when they are not in accordance with the guidelines and instructions provided by the Company, or when the Company is unaware of the operations carried out by such third parties.
9.1. The User acknowledges that the Company may temporarily suspend their user account, and/or cancel orders, should it detect any type of activity that it considers fraudulent or abusive.
9.2. Transactions suspected of being abusive or fraudulent will be returned to the original means of payment used by the User.
9.3. The User can turn to the customer service of the Website should they detect any type of fraudulent or abusive activity in their account, so that the Company can investigate the case and try to resolve the situation.
9.4. The Website limits the creation of user accounts to one per person and two per IP address, and reserves the right to control any attempt to establish multiple accounts. Continued violation of this policy will result in the termination of all associated user accounts.
10.1. By accepting our Terms and Conditions, the User gives their consent to receive automatic notifications by SMS and/or email, in relation to their orders, personal preferences and other activities related to the service provided by the Website.
10.2. The User who participates in the membership service will receive as part of the service a personalised offer of products prior to each reload of credits, and may also optionally receive emails, newsletters, special offers and other updates to maximise their shopping experience.
10.3. Users can unsubscribe from optional notifications at any time by logging in to "My Account" in their user account of the Website or by contacting customer service.
10.4. The Company will not be responsible for the failed, delayed or erroneous delivery of the corresponding good or service in the event that the User has provided erroneous data or does not keep their information duly updated.
10.5. The User can contact the Company at the following contact details:
● Falinas ApS
● Mylius Erichsens Vej 20A Aalborg SØ 9210 Denmark
● Email for customer service and incidents: [email protected]
11.1. The Entity reserves the right to make changes at any time to these terms and conditions and to any of the policies existing on the Website.
11.2. The User will be subject to the terms and conditions, policies or conditions of sale that were in force at the time of placing their order, unless a change must be made to said terms and conditions, policies or conditions of sale owing to the applicable legal provisions or at the request of the public authorities.
11.3. If any of the conditions, terms and/or policies are held to be invalid, void, or ineffective for any reason, that condition shall be excluded without affecting the validity or enforceability of the remaining conditions.
12.1. The Entity reserves the right to assign the rights and obligations arising from its contractual relationship with the User to the natural or legal person it deems appropriate, assuming all the rights and obligations derived from the same, in which case it is obliged to communicate this point to the User.
12.2. The User may not transfer or assign in any way a contract or any of the rights or obligations derived from it without the prior written consent of the Company.
13.1. These terms and conditions will be governed and interpreted in accordance with the laws corresponding to the registered address of the Entity.
13.2. The Judges and Courts pertaining to the registered address of the Entity will be competent to resolve any conflict in the application or interpretation of these terms and conditions.
13.3. If the User has the status of consumer and has their residence in one of the Member States of the European Union, they may also choose to apply the jurisdiction of their country of residence and any mandatory provisions of the legislation of their country of residence.
13.4. In the event of any dispute that may arise in relation to compliance with these terms and conditions, both parties agree that they will try to reach an amicable agreement in good faith prior to the use of any other means of dispute resolution.