We invite you to review the general conditions of sale that govern the offer and sale of The Visual Romance products through the WISHLIST included on this website and sales via email.
This document contains the Conditions that govern the use of this website, hosted under the domain www.thevisualromance.com, as well as any other that may be determined and the contract that binds us both, The Visual Romance, – you and us – (hereinafter referred to as the “Conditions”).
These Conditions establish the rights and responsibilities of all users (hereinafter referred to as “you”/”your”) and of The Visual Romance (hereinafter referred to as “us”, “we” and “our”) as regards browsing the website, acquiring the condition of User, the rights and responsibilities associated with said condition, as well as the commercial transactions and usage of services included in the same.
All intellectual and industrial property rights to the web domain, as well as the contents, are the property of The Visual Romance, so no user is authorised to make use of them, nor print them nor store them on any physical medium for any reason other than for personal and private use.
The modification, decompilation or commercial use of any part of the same is strictly prohibited. Use of the contents of the web domain is authorised for information and service purposes only, whenever the source is referenced, and the user alone is liable for any misuse of the same.
Accessing this website does not give the users any right or ownership whatsoever to the intellectual or industrial property rights nor to the contents it contains. Users who access this page may not copy, modify, distribute, transmit, reproduce, publish, transfer nor sell the aforementioned elements, nor create new products or services derived from the information obtained without the prior express written consent of The Visual Romance.
Any alteration to the content or structure of this web page by the user is strictly prohibited. The Visual Romance reserves the right to take any pertinent legal actions against users who violate or infringe the intellectual and/or industrial property rights. Should the user detect any suspicious activity that violates any Intellectual or Industrial Property rights or any other rights, we would ask that you notify us at the following email address: firstname.lastname@example.org The information provided on this website is valid as of the date of the latest update. The Visual Romance reserves the right to modify the content on the web domain without advance notice, limiting or blocking access to this website.
Links to content
The Visual Romance reserves the right to block electronic links that redirect to this website without express authorisation in advance.
If the website contains links to content owned by third parties, The Visual Romance assumes no liability whatsoever for the information contained on said third-party websites, nor for the information contained therein. The Visual Romance shall remove any link the moment it becomes aware, by any means, of any illegal content or of any damage by them to the goods or rights of a third party.
These conditions have been designed to create a legally binding agreement between you and us, protecting your rights as a customer and our rights. These conditions regulate the offer, purchase acceptance and deliver of The Visual Romance products between you and us. The Visual Romance offers the products solely to end users who acquire goods with no intentions of reselling them. The “end user” is any individual or legal entity that acts on www.thevisualromance.com for purposes different from those corresponding to the commercial, business or professional activities normally undertaken. The Visual Romance reserves the right not to fulfil orders made by entities different from the end user. Only end users who have registered in compliance with these General Conditions may acquire the goods and services sold through this website.
Becoming a registered enables you to browse through the different restricted-access areas included on the website, use the services that require you to log in and acquire any The Visual Romance products that may be offered on the same. A registered user may be any person of legal age and full authority to enter into the contract established by these General Conditions.
Becoming a registered user requires you to read and expressly accept, without any reservations, the terms included in these General Conditions, stating advance awareness of your acceptance of them and enabling you to save and reproduce them.
The username and password generated that enable you to identify yourself as a user and to use the service are strictly personal and confidential. You are responsible for keeping them confidential. As a result, you expressly accept, barring proof to the contrary, that we assume that all usage of the service carried out using the identification codes are done by you, as the registered user, unless you have notified us in advance that they have been lost or stolen.
You may freely change your password through the procedures that we have put in place for that purpose. The replaced password will be cancelled as a means of identification as soon as you generate the new one. We may block access and usage of the web page when as deemed necessary for security reasons. The Service will be blocked automatically following three successive errors in entering the user access or usage codes.
We will provide the organisational and technical measures necessary on our computer equipment to ensure proper usage of the Service by the users and prevent unauthorised access that seek unauthorised disclosure of the user’s financial information content that is accessible through the Service
Obligations of the user
The user is obligated to:
Provide The Visual Romance with all data necessary to access and use the services that require advance identification, which must be true, up-to-date and correct. Users are obligated to provide their personal details (forename, surname(s), postal address, email address and other contact details) truthfully and faithfully, aware that we may use this information to contact you if necessary. If you do not provide all of the information, we will not be able to process your order. Otherwise, The Visual Romance shall not be liable under any circumstances for possible delays or failures in the delivery as a result of error or omission of these data.
Users may not place fraudulent, false or speculative orders. The Visual Romance reserves the right to cancel the order and/or inform the pertinent authorities if we have reason to believe that to be the case.
When placing an order on this website, you guarantee us that you are over 18 years old and that you are legally authorised to enter into binding contracts.
Take the necessary security precautions, both personal and material, to maintain the confidentiality of your username and password, as well as to notify The Visual Romance immediately in the event of loss, misplacement, theft, robbery or illegitimate access to your username, as well as knowledge of it by third parties.
Use the Services included on this website properly, always in compliance with applicable law.
Refrain from conducting any activity that hinders or interferes with the functionality of the Services included on the website.
Pay for any The Visual Romance products contracted through the website or through the email, as well as any shipping and handling charges that may apply.
Some of the notifications or information that we send will be in writing, as required by applicable regulations, so as a user of this website, you must accept that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you with information by publishing alerts on this web page.
Therefore, you agree to use this electronic communication medium and accept that any contract, notification, information or any other communication that we send to you electronically comply with the legal requirements of being in writing. This condition shall not affect your rights as allowed by law. We may send you notices by e-mail or to the postal address provided by you when placing an order. Notifications will be considered to have been received and correctly given as soon as they are posted on our website, 24 hours after being delivered by e-mail or three days after any letter has been posted.
The content of our website is an invitation to do business. Until your order has been accepted by us here is no contract between you and us. The orders are subject to our verification and acceptance. We shall not be obligated to supply you with any products that you may have ordered until we confirm the acceptance of the order by The Visual Romance.
The contract with The Visual Romance may be drawn up in Spanish or in English, as elected by the user.
The Visual Romance may abstain from processing orders that do not offer sufficient guarantees of solvency, or that are incomplete or incorrect or if the The Visual Romance are unavailable, with no liability assumed with you nor with others. In any case, we are committed to keeping you informed, and if we have already charged your account for the amount of the order, we will reimburse the sum paid in advance.
You may withdraw from the contract within the longest of the following terms: a) No later than thirty (30) calendar days after placing the order. b) No later than fourteen (14) calendar days after the date on which you or a third party designated by you other than the carrier took possession of the goods, or if the goods included in your order are delivered separately 14 calendar days after the date on which you or a third party designated by you other than the carrier took possession of the last of those goods. In the event of your withdrawal, The Visual Romance will refund the entire amount paid by you.
The following cases are excluded from the terms of the preceding paragraphs, and in such cases there is no withdrawal right: Purchases of Customised Products, in which case you have no withdrawal right once you have placed the order. To that end, Customised Products are those created based on the consumer’s or user’s individual choice or decision, or if the consumer/user has requested the customisation of some of their characteristics or parts, such as the inclusion or engraving of personal initials on the product, among others.
You accept that the products offered by The Visual Romance in the online store are subject to stock limits. All orders for The Visual Romance products are subject to availability. If any of the products are not available once you have placed the order, we will inform you as soon as possible. At that time, you can modify your order or cancel it.
The Visual Romance reserves the right to modify the products offered on the website at anytime without prior notice.
The Visual Romance products are delivered through a courier service. Once the order has left our warehouses, we will send an e-mail notifying you that your order has been accepted and is being delivered.
Orders will be delivered to the delivery address that you provided on the form, so it is important that you pay special attention when completing the delivery address data. We will not be held liable if the delivery address is incorrect or incomplete. For security reasons, The Visual Romance will not send any order to post office boxes or military bases, nor will orders be accepted when it is impossible to identify the order recipient or their address. When selecting Pay Pal as your method of payment, no changes can be made to the delivery address once the order has been made.
If you do not receive your order in the timeframe indicated via email section, please contact The Visual Romance If it is impossible to carry out delivery, the courier company will contact you to arrange a new delivery date.
If in this case you wish to modify the delivery address and/or delivery method from that selected originally, you will be responsible for any additional costs this may incur.
If within 15 calendar days from delivery notification, courier does not receive a reply from customer and order cannot be delivered, items will be returned. When your order is delivered you should check to ensure that items have been received correctly.
If there are any errors or problems with your order you should contact The Visual Romance via email indicating your personal details and the discrepancies and/or problems found, and we will contact you in order to resolve the situation.
The prices on our website are shown in Euros for all countries.
In accordance with the applicable legislation, any purchase made on our website is subject to the Value Added Tax (VAT) or any other tax or duty applicable according to the destination country. The delivery charges are added in the purchase summary, before making payment.
The Visual Romance reserves the right to modify the prices show on the website without prior notice.
The price of the products will be as stipulated on our website at all times, except in the case of obvious error. Although we make every effort to ensure that all prices listed on the pages are correct, errors may occur.
If we discover an error in the price of the products that you have ordered, we will inform you as soon as possible, giving you the option of reconfirming your order at the correct price or cancelling it.
If we are unable to contact you, the order will be cancelled and any amounts paid will be reimbursed in full. We are not obligated to provide you the product(s) at an incorrect lower price (even if we have sent you the Delivery Confirmation) if the error in the price is obvious and unmistakable and could reasonably be recognised by you as an incorrect price.
All rights recognised by the applicable legislation are reserved. The Visual Romance accepts card payments via Paypal, PayPal payment and bank transfers. All rights recognised by the applicable legislation are reserved. The Visual Romance complies with the regulations demanded by the different payment methods that may be used to make your purchase.
The Visual Romance reserves the right to verify the personal details and take appropriate measures to ensure that the merchandise is properly delivered.
If you receive an erroneous order or a defective product, we ask that you contact us immediately, within 24 hours, at the following e-mail address, indicating the error or defect, along with your personal details, on our contact form.
Incidences will always be dealt with from the purchase market.
We will examine the returned product carefully and notify you be e-mail within a reasonable period of time whether the item will be returned or replaced (if appropriate). The item will be returned or replaced as soon as possible and, in any case, within 30 days of the date on which we sent the e-mail confirming that the inadequate item would be returned or replaced.
The amounts paid for products returned due to flaws or defects, when they actually do exist, will be reimbursed in full, including any delivery charges paid to send the item to you and the costs to you to return it to us. The refund will be made usong the same method as that of payment. All rights recognised by the applicable legislation are reserved.
The products offered on our website are a carefully selected sample of our collection. We have taken special care in showing the colours and characteristics of our products with great precision. Of course, each monitor is calibrated differently, and we cannot guarantee that your monitor shows entirely true colours.
None of these purchase conditions exclude or limit our liability for (1) death or personal injury cause by our negligence, (2) fraudulent statements, (3) any other liability that may not be limited or excluded according to applicable law.
Subject to the paragraph above, and to the extent that the law allows, we shall not be liable for financial loss (including lost income, profits, contracts, business or expected savings) or loss of good will or reputation or losses due to special or indirect damages suffered or incurred by you as a result of or in connection with these Conditions.
The content of this section does not affect your legal rights as a consumer, nor your right to terminate the contract.
We shall not be held liable for any non-compliance or delay in compliance of any of the obligations assumed in a Contract, when the cause is due to events that are beyond our reasonable control (“Force Majeure”).
Force Majeure includes any act, event, lack of service, omission or accident that is beyond our reasonable control, especially including but not limited to the following:
- Strikes, lock-outs or other protest measures.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flooding, earthquake, sinking, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of transport, whether public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions by other governments.
Our obligation to fulfil any Contract shall be understood to be suspended during the period in which the Force Majeure situation remains in effect, and we shall be granted an extension in the period of time stipulated to fulfil our obligation while such a situation lasts. We will make every effort to bring an end to the Force Majeure situation or to find a solution by any means that enable us to fulfil our obligations under the Contract, despite the situation of Force Majeure.
We have the right to revise and amend these Terms from time to time. The use of our website and the Contracts for the purchase of products through such website will be governed by Spanish law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.