Terms & Conditions
General Information
This website, just like the commercial name "Some Things Never Fade", are property of Angel Castán Arxé with tax residence in Plaça del Doctor Serrat 3, 08026 Barcelona (from now on referred as the commercial name: Some Things Never Fade) and is operated by the platform Shopify. Throughout this page, the terms "we", "us" and "ours" refer to Some Things Never Fade and all the information, tools and services available for you, the user or client, in this website.
https://www.somethingsneverfade.com is an online shop that sells luxury secondhand fashion items remotely.
In the present page, the terms and conditions under which the user or client can make use our website are established by us. When the user or client enter, use the website or buy any product from us, they agree to having read, understood and accepted being subject to the terms and conditions presented in this page. Some Things Never Fade reserves the right to update, change or replace any part of these terms of service by publishing the updates and/or changes in our website. It is the client's responsibility to check this page periodically to verify any changes. The user's or client's continued use or access to the website after the publication of any change constitutes the acceptance of said changes.
1- Terms of the online shop
When shopping one or more items, the client agrees to having read, understood and accepted being subject to the terms established in this page.
The prices of our products are specified in our online shop and the product page of each and every one of them. Some Things Never Fade reserves the right to change the product prices shown at any time and to correct any mistake in prices that may occur inadvertently. All the additional information adicional about expenses or shipping costs is available in the check out page.
The client may freely choose to pay with credit or debit/credit card, Apple Pay, Paypal or bank transfer. Under certain circumstances, and with the sole purpose to prevent any possible fraud or criminal offence, Some Things Never Fade reserves the right to reject the operation and to request a specific payment method in the event that the identity of the buyer could not be reliably proven. In the event of the formalisation of the purchase of our products, Some Things Never Fade reserves the right to interrupt the provision of the contracted services in the event of non-payment by the client.
2- Returns, refunds and cancellations
All our products are vintage or secondhand, so when shopping in our website, the client agrees to receiving previously used products, compliant with the description of the condition that is included in the page of each product and the photographs that go with it.
The client can request the return of the order with 14 days of receipt. It can only be requested by sending an e-mail to somethingsneverfade@gmail.com so we can facilitate further instructions on how to send it back. Some Things Never Fade reserves the right not to accept a return if the product is not in the same condition it was when it left our premises.
Shipping costs for the return are to be paid by the customer. Once the return is received and we have verified that the products are in their original condition, the total amount for the products will be refunded to the same payment method the customer used when placing the order but not the shipping costs or the customs duties. We cannot facilitate refunds to a third party.
The condition of all our products is clearly detailed in the page of each and every one of them. In the event that the information provided doesn't match the characteristics of the product, the client will have the right to a full refund of his order, including the shipping costs, if its his/her choice to return it or a partial refund should he/she decide to keep it.
The client can request the order cancellation, and it will be accepted as long as it hasn't been shipped yet. A full refund minus a 2.1% processing fee will be issued as it is the cost we are charged by our online shop provider for the order placed, regardless of whether it is completed or not.
3- Service modification
Some Things Never Fade reserves the right to modify or discontinue the service (or any part of the content) at any time without previous warning and temporary or permanently suspend access to the service without previous warning nor responsibility for any reason or without any reason.
4- Guarantee and responsibility
Some Things Never Fade makes every effort to guarantee that all the branded items sold by us are authentic before they are put up for sale. That's why the client has the right to a full refund in the event that he/she realises we have made a mistake and finds out that the product he/she bought from our online shop is a counterfeit.
Some Things Never Fade is not responsible of any damage caused to the products due to misuse or poor care of them.
5- Intelectual property
The service and all the materials included or transferred, including, without limitation, software, images, text, graphics, logotypes, patents, registered trademarks, service trademarks, copyright, photographs, videos and all the Intelectual Property Rights related to them, are exclusive property of Some Things Never Fade. Nothing in the present terms will be considered a license in or under none of said Intelectual Property Rights, and the user or client accepts not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly exhibit, publish, adapt, edit or create a commercial revenue out of them.
6- Obligations of the user or client
The client commits to provide real and truthful information at all times in the data requested for the user registration or the order fulfilment form and to always keep this data updated.
Some Things Never Fade will provide the client with the possibility to create a user account with his/her e-mail and password. The client commits to keeping his/her login credential confidential with the utmost diligence.
7- Right to suspend or cancel the user account
Some Things Never Fade may terminate or suspend temporarily or permanently the client's access to the service without previous warning and responsibility for any reason, even if to our sole determination the client violates any disposition of these terms or any aplicable law or regulation. The client may discontinue use and request to cancel the account and/or any service at any time.
8- Compensation
You agree to compensate and exempt Some Things Never Fade from liability of any claim, loss, responsibility, complaint or expense (including attorney fees) that third parties carry out against you as a result of, or derived from, or in relation to the use made of the website.
9- Limitation of liability
To the fullest extent permitted by applicable law, in no case will Some Things Never Fade be responsible for indirect damages, punitive, incidental, especial, consequent or exemplary, included, among others, damages for lost profits, good will, use, data or other intangible losses, arising out of or related to the use or inability to use the service.
To the fullest extent permitted by applicable law, Some Things Never Fade assumes no responsibility for (a) errors or inaccuracies in content; (b) property damage of any nature whatsoever as a result of your access to or use of our service; and (c) any unauthorised access to or use of our secure servers and/or any personal information stored therein.
10- Right to change and modify the terms
Some Things Never Fade reserves the right to modify these terms when it deems convenient with full respect for the EU legislation and the state of Spain, being the obligation of the client the periodic review of this web page. The continued use of the website or our service after such change constitutes the client's acceptance of the new terms. If the client does not accept any of these terms or any future version of the terms, he must stop using or accessing the website.
11- Jurisdiction and applicable law
The present terms, rights, obligations and resources referred to here, as well as any claims, disputes and divergences related to the products and/or services, shall be governed, interpreted and resolved exclusively and particularly by the jurisdictional bodies of the State of the Kingdom of Spain under the current legislation in this country based on the version in Spanish of these terms.
12- Prohibited uses
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal act; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. Some Things Never Fade reserves the right to terminate your use of the service or any related website for violating any of the prohibited uses..
13- Personal information
The treatment we do with the personal information of the user or client through the site is governed by our Privacy Policy. You can consult our Privacy Policy here.