General Terms

Terms and Conditions of Supply

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.tiesolution.com  (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

Our Delivery Guide (“Delivery Guide”) and Returns Policy (“Returns Policy”) are incorporated into these terms and conditions. If there is any conflict between these terms and conditions and our Delivery Guide or our Returns Policy, then these terms and conditions take precedence.

 1.          Information about us

www.tiesolution.com is a site operated by AGS TEXTIL SOLUTION SL (“we”). We are registered in Spain Barcelona under company number B63578900 and with our registered office.

2.          Service availability

Our site is only intended for use by people resident in the countries to which we can deliver to as listed in our Delivery Guide (“Serviced Countries”). We do not accept orders from individuals outside those Serviced Countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found in our Delivery Guide. Please review our Delivery Guide before ordering Products from us.

3.          Your status

By placing an order through our site, you warrant that:

3.1.             You are legally capable of entering into binding contracts; and

3.2.             You are at least 18 years old;

3.3.             You are resident in one of the Serviced Countries; and

3.4.             You are accessing our site from that country.

4.          Our status

4.1.             Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

4.2.             We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

5.          Consumer rights under the distance selling regulations

5.1.             If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with clause 10 and our Returns Policy.

5.2.             To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. For more details please see our Returns PolicyYou have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. To enable us to process the return promptly you should also return the Product(s) to us with our returns documentation.

5.3.             You will not have any right to cancel a Contract for the supply of any of the following Products unless they are faulty:

5.3.1.        Goods made to your specification

5.3.2.        personal grooming products, cosmetics, pierced jewellery

5.3.3.        swimwear, underwear and hosiery

5.4.             Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your statutory rights.

6.          Availability and delivery

Your order will be fulfilled in accordance with our Delivery Guide.

7.          Risk and title

7.1.             The Products will be at your risk from the time of delivery.

7.2.             Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8.          Price and payment

8.1.             The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. 

8.2.             These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. 

8.3.             Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.4.             Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

8.5.             We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8.6.             Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Delta, Visa Electron, MasterCard, Switch, and Maestro and Paypal.

9.          Our refunds policy

9.1.          When you return a Product to us:

10.1.1.    because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

10.1.2.    for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product.  We will process any refund due to you as soon as possible.  Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

9.2.          We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9.3.          For more details about returning our Products please see our Returns Policy.

10.          Our liability

10.1.          We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 

10.2.          Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

10.3.          This does not include or limit in any way our liability:

10.3.1.    For death or personal injury caused by our negligence;

10.3.2.    Under section 2(3) of the Consumer Protection Act 1987;

10.3.3.    For fraud or fraudulent misrepresentation; or

10.3.4.    For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4.          We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

10.4.1.    loss of income or revenue

10.4.2.    loss of business

10.4.3.    loss of profits or contracts

10.4.4.    loss of anticipated savings

10.4.5.    loss of data

10.4.6.    loss of data, or

10.4.7.    waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;

provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories 11.4.1 to 11.4.7 inclusive of this clause 11.4.

10.5.          Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

11.          Import duty

11.1.          If you order Products from our site for delivery outside Spain, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

11.2.          Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

12.          Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13.          Notices

All notices given by you to us must be given to

Company AGS TEXTIL SOLUTION Sl
Avda de la Generalitat 151

08780 Palleja Barcelona

sales@tiesolution.com

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14.          Transfer of rights and obligations

14.1.          The contract between you and us is binding on you and us and on our respective successors and assigns. 

14.2.          You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

14.3.          We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15.          Events outside our control

15.1.          We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). 

15.2.          A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

15.2.1.    Strikes, lock-outs or other industrial action.

15.2.2.    Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

15.2.3.    Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

15.2.4.    Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.2.5.    Impossibility of the use of public or private telecommunications networks.

15.2.6.    The acts, decrees, legislation, regulations or restrictions of any government.

15.3.          Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16.          Waiver

If you break any of these terms and conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you break the terms and conditions.

17.          Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18.          Entire agreement

18.1.          These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

18.2.          We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

18.3.          Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

19.          Our right to vary these terms and conditions

19.1.          We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes to our prices and promotions, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 

19.2.          You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

20.          Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by spanish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Spain-Barcelona.