INTRODUCTION
The following document (in conjunction with all the documents mentioned on the same), establishes the rules and terms concerning the use of this website (www.esfantastica.com) as well the purchase of products and items on the same (from now on “Terms”).
We encourage you to read the following Terms, our Cookies Policy and our Privacy Policy carefully (as well our Data Protection Policy), before making any use of this website. When using this website or making any order, you agree to all these Terms and our Data Protection Policy so, consequently, if you don’t agree with our Terms and Data Protection Policy, you should not use this website.
These Terms can be modified. It’s your own responsibility to read them periodically, as the existing conditions at the time of conclusion of each contract (as defined further on) or, failing this, at the time of using this website, will be the ones eligible. If you should have any questions about these Terms and Data Protection Policy, you can reach us through our contact form.
OUR DATA
DISFRACES UNIVERSALES S.L
NIF B88385448
Colegiata 13, 28012 Madrid
YOUR DATA AND VISITS TO THIS WEBSITE
All the information and personal data you provide us will be treated following the established in our Data Protection Policy. By using this website you consent the treatment of all your information and data and declare the truthfulness of the same.
USE OF OUR WEBSITE
By using this website and making orders through the same, you are engaging yourself to:
- Using this website only to make legally valid inquiries and orders.
- Not making any false or fraudulent orders. If we reasonably consider that a request of this nature has been made we will be allowed to cancel the order as well to inform the relevant authorities.
- Provide us with a truthful and accurate email address, postal address and/or other contact data. Likewise, you consent us to make use of the information provided in case we need to contact you (see our Privacy Policy). If you don’t facilitate us all the information we require, your order won’t be processed. When making an order on this website, you declare you are over 18 years old and that you have legal capacity to celebrate contracts.
FORMALISATION OF THE CONTRACT
The information contained in this present Terms and the details included in this website does not constitute an offer to sell, but an invitation to contract. There will be no contract between you and us regarding any product until we’ve accepted the order. In case your order would be rejected and some charges would have been made on your account, the entire amount of the same will be repaid. Every single order is subject to our own acceptance, which will be informed through an email that will confirm that the item or product is being dispatched (Shipping confirmation). The contract for the purchase of a product between you and us (the “contract”), will be formalised only when the Shipping confirmation email is sent. The products listed in the Shipping confirmation email will be the ones under contract. We are not obliged to supply any other items that might have been included in your order until we sent the confirmation of the same with the Shipping confirmation email.
PRODUCTS AVAILABILITY
All products included in orders are subject to their own availability. In this regard, if difficulties arise in relation with the products supply or in case they are not in stock, we reserve the right to give information about substitute products of equal or higher quality and value that you can order again. If you don’t want to make an order with those substitute products we will reimburse the amount of money that you might have paid.
DELIVERY TIME IN SPAIN
Orders are managed between 1 and 2 working days once they’ve been correctly paid. Orders made during the weekend or feast days (official), will be processed the following working day.
Orders will be processed and sent only on working days (from Monday to Friday, excluding feast days)
If you choose to receive your order with Correos: the estimated delivery time in Spain is between 3 and 8 working days. For the delivery is very important to provide, once you have registered in EsFantastica.com all your personal data (Full name, home address, phone, mobile phone, etc.) We can also send the order to your workplace if you provide us the name of your company so there won’t be any delays or issues with the delivery. You have to bear in mind that all incorrect or incomplete addresses will cause delays on the delivery and /or additional costs.
Please remember that during high season periods (Christmas, Halloween and Carnival); delivery time may be a little bit longer.
The maximum delivery time is 30 days, established by law. However, the regular delivery time using Correos de España is between 3 and 8 working days once the purchase has been made.
To avoid disappointments, please bear in mind that this periods and delivery times are just estimated. We do everything in our hands to deliver your order as soon as possible; however we are not responsible for the delays caused by Correos.
We DO NOT deliver to P.O Boxes.
Please note: shipping costs for the Canary Islands don’t include customs clearance, insular council taxes and local taxes which must be paid by the addressee of the merchandise. For more information, please contact your local custom office.
If you choose MRW to receive your order: the estimated delivery time in Spain is between 2 and 4 working days.
Orders are always delivered from Monday to Friday before 19:00.
DELIVERY TIME FOR INTERNATIONAL SHIPPING
For international shipping the estimated delivery time is between 10 and 25 working days since we receive the payment in our account, depending on the custom services of each country.
Please note that during high season periods (Christmas, Halloween and Carnival); delivery time may be a little bit longer.
Once we have sent your order, we will provide you the tracking number of your parcel so you can follow it through Correos.
To avoid disappointments, please bear in mind that this periods and delivery times are just estimated. We do everything in our hands to deliver your order as soon as possible; however we are not responsible for the delays caused by Correos.
PRICE AND PAYMENT
The price of the products will be the one stipulated on each moment in our website, except cases of manifest error. Although we always try to make sure all prices included on the website are accurate, some errors may exist. If we find out any mistake on the price of an item you’ve purchased, we will inform you as soon as possible and we’ll give you the option of reconfirm your order at the correct price or invalidate it. If we can’t contact you, the order will be considered invalidated automatically and we will reimburse all the amounts paid. We won’t be obliged to provide any product at the lower incorrect price (even though we have sent the Shipping Confirmation Email) if the mistake on the price is obvious and unequivocal and it could have been recognized by you as an incorrect price. Prices in our website include VAT but exclude all the shipping costs that will be added to the final amount as established in our Buying Guide.
SHIPPING
Prices can be changed at any moment but (as established previously, those changes won’t affect orders whose Order Confirmation has been sent. Once you have selected all the items you want to purchase, they will be added to the cart and the next step will be to confirm the order and submit the payment. To do this, you must follow the steps of the process, filling and checking the data and information each step requests. Before making the payment, you can change the data of your order. Also, if you are a registered user you will be able to check all your data in the section called My Account.
SHIPPING COSTS
We regularly ship from Madrid to the rest of the country and the world.
- FREE shipping up to 60 euro for Spain and Balearic Islands (with Correos)
- FREE shipping up to 150 euro for Canary Islands, Ceuta, Melilla and Andorra (with Correos)
- FREE shipping up to 350 euro for any other country of European Union (with Correos)
Currently we don’t have FREE SHIPPING for the rest of the countries.
- Shipping costs from just 5 euro
- Possibility of collecting your order in any of our stores WITH NO SHIPPING COSTS. To pick up your order in any of our stores we will inform you of the arrival by phone. You must bring the order number and the ID of the person who made the purchase (indispensable requirement). Service available for orders collected in any of our stores located in Madrid. Pick-ups will be only made from Monday to Friday from 09:00 to 19:00.
Our transportation fees are automatically calculated by our software during the purchase process, depending on the weight and volume of each of the items added to the Cart. Thus, you will always be able to calculate the shipping costs of your order, national or international.
We also offer a faster delivery service with the company MRW. This service is only available for shipping to the Peninsula (not including Balearic Islands, Canary Islands, Ceuta, Melilla and the rest of the country).
International orders
International orders are paid to FANTASTICA through Credit Card. This is a safe, fast and easy way to pay all your purchases online. For this payment method, PayPal charges a fee depending on the total amount of the order which is automatically calculated and applied to your order at the time of the purchase.
Please note: your purchase might be subject to custom duties and/or taxes determined by the custom of each country once the parcel arrives to its destination. FANTASTICA can´t control or predict any of these charges. To know more, please contact with your local custom office.
PAYMENT METHOD
Credit card: The easiest and quickest way to pay for an order is by using one of these cards: Visa, Visa Electron, Mastercard and Maestro. This payment method doesn’t carry any other additional cost on the total order.
RETURN POLICY
If you change your mind regarding a product, you can ask for a change or refund. The main important thing to keep in mind is that the article must have its original packaging and must be returned within 14 working days.
After this period, any change or refund application will be rejected.
SPECIAL CASES
We do not accept changes and/or refunds of Carnival, Halloween, Christmas and New Year’s Eve articles, as they are all seasonal products.
- The following items won’t be changed or returned once they’re open due to hygienic reasons: hair wigs, hair extensions, hairpieces, hair accessories, make up articles, fake eyelashes, characterization articles, masks, latex accessories, feathers, lingerie, sexy costumes, stockings, culottes, erotic toys and accessories, except for manufacturing and/or fabric defects.
- If the refunded article belongs to a set, it must be returned all together. We won´t accept a partial refund of a set of product
PREVIOUS CONDITIONS TO BEAR IN MIND TO ASK FOR A RETURN
You have until 14 days to make your refund, starting from the day you get your order. No refunds will be accepted out of this period of time. The returned articles will be checked carefully and we will dismiss the ones that are not in the same condition as they were before. We won´t accept products without their original packaging or labels. Sets must be returned all together, even if you don’t want one part or piece of it. The returned items must not have been used before or washed. The following items can’t be returned: hair wigs, hair extensions, hairpieces, hair accessories, make up articles, fake eyelashes, characterization articles, masks, latex accessories, lingerie, sexy costumes, stockings, culottes, erotic toys and accessories. We do not accept changes and/or refunds of Carnival, Halloween, Christmas and New Year’s Eve articles, as they are all seasonal products.
Shipping costs caused by the purchase won’t be refund, as they come from service costs, not products costs. The return receipt must be kept as a supporting document because it is your only guarantee. We are not responsible for returns with unpaid postage.
In the case of returns coming from orders that have been benefited with free shipping costs, at the moment of the refund it will be deducted from the original payment the corresponding amount because the client loses the free shipping costs due to an unfinished purchase.
To make a change or return request you always have to do it by writing to the following email: info@esfantastica.com. We do not accept changes or refund request by chat, social networks or phone.
www.esfantastica.com reserves the right to refuse returns communicated or sent after the deadline stipulated, as well, items that are not in good condition.
RESPONSIBILITY AND EXEMPTION FROM LIABILITY
Our liability in connection with any product purchased on our website is strictly limited to the purchase price of that product. We will not accept any responsibility for the following losses, regardless of their origin loss of income or sales, loss of business, loss of profits or sales, loss of anticipated savings, data loss and office hours management time loss.
Due the nature of this website and the chance of some errors happen regarding the storage and digital information transmission, we don’t warrant the accuracy and security of the information transmitted through this website unless it is established otherwise in the very same.
GUARANTEE AND INFORMATION ABOUT THE PRODUCTS
We have been extremely accurate to show the colours and features of all our articles with precision. Of course, the resolution of each monitor is different, so we can’t assure that the colours will displayed on your monitor with full resolution. We are always trying to offer our clients the highest precision and reliability of the information listed on the web, but we are not responsible for the mistakes that might exist. All the images and artwork are provided due to informational purposes. In this respect, we can correct mistakes and/or omissions on the website without generating any sort of responsibility.
Regarding sizes and measures of our articles:
Our articles include in their description (if applicable) the corresponding size chart with the measures expressed in cm or the measures of the article.
Measures are always illustrative and have no contractual value. Likewise, the colour scheme of the articles can vary depending on the resolution of the monitor where the purchase is being made.
INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property over the contents and materials supplied as part of this website, belong to us. You may use this material only in the way is authorized by us or our licensors.
VIRUS, PIRACY AND CYBER ATTACKS
You must not make any unappropriated use of this website by the introduction of virus, Trojans, worms, logic bombs or any other program or technologically damaging material.
You will not try to have unauthorized access to this website, its server or any server, computer or database related with our website.
You agree not to attack this website through a denial-of-service attack or a distributed denial of service. Breach of this clause could entail the commission of offenses defined by applicable regulations. We will report any breach of those rules to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will be immediately ceased to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial-of-service attack, virus or other software or technologically damaging material that may affect your computer, computer equipment, data or material resulting from the use of this website or downloading content from the same.
LINKS FROM OUR WEBSITE
In case that our website contains links to other websites and materials of third parties, these links are provided for informational purposes only, without us having any control over the content of these web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
WRITTEN COMMUNICATION
Applicable regulations require that some of the information or communications we send must be written. By using this site, you agree that most of these communications with us will be electronic. We will contact you by email or provide you information by posting notices on this website. For contractual reasons, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send you electronically comply with legal requirements to be written. This condition does not affect your statutory rights.
NOTICES
Notifications that you send us should be given through our contact form. Pursuant to the above and except clause otherwise provided with, we may send communications to your e- mail. We will understand that the notifications have been received and have been properly made in the moment when posted on our website, or after an email has been sent.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract is binding on you and us and our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract or any rights or obligations arising under it, without our prior written consent. We can assign, charge, sub-contract or otherwise dispose of a Contract or any rights or obligations arising under it, at any time during the term of the Contract. To avoid any doubt, these transmissions, assignments, encumbrances or any other transfers will not affect your rights as consumer nor cancel, reduce or limit other warranties.
EVENTS BEYOND OUR CONTROL
We won’t be responsible for any failure or delay in fulfilling any of our obligations under a Contract caused by events outside our reasonable control (Force Majeure Cause).
Force Majeure Causes includes any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following: i. Strikes, lockouts or any other protest act. Ii. Civil commotion, riot, terrorist attack or terrorist threat or war preparation. Iii. fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster. Iv. Inability to use public or private telecommunication networks. V. Acts, decrees, legislation, regulations or restrictions of any government or public authority. Vi. Strike, accidents or failure in maritime or river transportation, post service or any other type of transport. It will be understood that our Contract obligations shall be suspended when the Force Majeure Cause is on and will have an extension in the deadline to comply with these obligations for a period of same duration of the Force Majeure Cause. We will use all our efforts to end the Force Majeure Cause or to find a solution to fulfil our Contract obligations.
RESIGNATION
Our lack of requirement about strict compliance by any of your obligations under the contract or these present conditions or lack of exercise by us of any right or remedy that may correspond to this Terms shall not constitute a waiver or limitation in relation to those rights or remedies will not relieve you from comply with such obligations. No waiver by us of any right or action will constitute a waiver of other rights or remedies under the Contract. No waiver by us of these terms will be effective unless it is expressly stated, formalized and communicated by writing in accordance with the stipulated in the previous paragraph.
PARTIAL NULLITY
If any of these present Terms and Conditions or any provision of the Contract would be declared null and void by a final decision of a competent authority, the remaining terms and conditions will remain in force without being affected by the declaration of invalidation.
COMPLETE AGREEMENT
These Terms and any other document expressly referred in them represent the entire agreement between you and us related to the subject thereof and supersede any prior agreement, prior agreements or promises agreed between you and us verbally or written. You and we acknowledge having consented to the conclusion of the Agreement without having relied on any statement or promise made by the other party or which may be inferred from any statement or written in negotiations by the two before this Agreement, except that which is explicitly mentioned in these conditions . Neither you nor us shall have action against any untrue statement made by the other party, orally or in writing , prior to the date of the Contract (unless such untrue statement had been made fraudulently).
OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and amend these Terms at any time. You will be subject to the policies and Conditions at the time you use this website or order products, unless by law or governmental authority we make changes retroactively in those policies, Terms or Privacy Statement on which case it will apply to orders previously placed by you.
LAW AND JURISDICTION
Both parties agree that for the resolution of any dispute arising out of or related to this website, Spanish law will be applied to resolve all disputes in the Courts of Madrid, expressly waiving any other that may correspond to the customer by reason of his domicile.
COMMENTS AND SUGGESTIONS
We are happy to hear all your comments and suggestions.
Please send these comments and suggestions through our contact form.