These are the terms and conditions (as amended from time to time) governing use of this website and the agreement that operates between us and you (the "Terms" ). These Terms set out the rights and obligations of all users ("you" / "your") and those of COSITAS DE INÉS ("us" / "our" / "we" / "the Vendor") in relation to the goods/services offered by us through this website or any of the other websites to which we may link (hereinafter collectively known as the "Cositas de Inés Services" ). Before you click on the "Process order" button at the end of the ordering process, please carefully read these Terms and our Privacy Statement. By using this website or placing an order through it you are consenting to be bound by these Terms and our Privacy Statement. If you do not agree to all of the Terms and the Privacy Statement, do not place an order.
If you have any questions about the Terms or the Privacy Statement, please contact us using our contact web form. On Line Retail trading as COSITAS DE INÉS is a spanish company with its registered address at Paseo de la Chopera, 2, 28100 Alcobendas, Madrid (Spain). Our VAT number is B 86641420.
2. USE OF OUR WEBSITE
These Terms are the only conditions that are applicable to the use of this website and the Cositas de Inés Services, and replace all other conditions, except with the express, prior written agreement of the Vendor. You agree that, by placing your order, you unreservedly accept these Terms, having read and understood them. These Terms are important for both you and us as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create a legally binding agreement between us.
You agree that:
a. You may only use the website to make legitimate enquiries or orders.
b. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.
c. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Statement).
d. If you do not give us all of the information that we need, we may not be able to complete your order.
By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
3. SERVICE AVAILABILITY
Items offered over this website are only available for delivery to the following Member States of the European Union: Germany (except for the island of Helgoland and the town of Büsingen), Austria, Belgium, Denmark, Spain, Poland, France (except for the Overseas Departments), Greece (except for Mount Athos), Holland, Ireland, Italy (except for San Marino, Liviano, Campione d`Italia and the waters of lake Lugano), Luxembourg, Portugal, United Kingdom and Sweden, as well as in Monaco, Norway and Switzerland.
4. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the "Authorise payment" button to submit the order. After this you will receive an e-mail from us acknowledging that we have received your order (the "Acknowledgement of Receipt" ). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the Order Confirmation). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Order Confirmation.
The Contract will relate only to those products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation.
5. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products we will reimburse any monies that you might have paid.
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to Authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Acknowledgement of Receipt, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Acknowledgement of Receipt.
7. YOUR RIGHTS TO CANCEL "COOLING OFF"If you are contracting as a consumer, you may cancel a Contract at any time within 15 days, beginning on the day you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with our Returns Policy (see below at Clause 13). Please see our Returns Policy for how to return the product(s) in question. You should try to include all of the products´ instructions, documents and wrappings when returning the products to us.
You should be aware that you are under a statutory duty to take reasonable care of the products whilst they are in your possession. If you fail to exercise such reasonable care, we may, depending on the circumstances, have a right of action against you for breach of statutory duty. Failure to exercise such reasonable care may, depending on the circumstances, be demonstrated by your failure to include all of the product´s instructions, documents and wrappings when returning the product to us, the product being damaged or not in the same condition as you received it or (in the case of clothing or accessories) having been worn (other than for simply trying out the product).
You will not have any right to cancel a Contract for the supply of any of the following products:
* Customised items
* Music CDs/DVDs; whose original wrapping has been removed
Further details of this statutory right, and an explanation of how to exercise it, are set out in clause 13 of these Terms and are summarised on the Order Confirmation. This provision does not affect your statutory rights.
Please take reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return or collection of the products.
Subject to availability, (see Clause 5 above), we will endeavour to fulfil your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, then within 30 days of the date of the Acknowledgment of Receipt, unless there are exceptional circumstances.
Reasons for delay could include:
* Customisation of products;
* Specialist item;
* Unforeseen circumstances; or
* Delivery area.
If for any reason we cannot meet the delivery date you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Please note however that we do not deliver on Saturdays or Sundays.
By accepting this delivery service you are accepting our delivery personnel or a representative of the Vendor into your home and so as to avoid or minimise the risk of damage to your home or any of your possessions, we ask that you remove your possessions or anything that may be damaged and allow our delivery personnel as clear access to your home as possible.
Unless caused by our negligence, we will not be held responsible for anything that is not removed to safety where reasonable steps could have been taken to avoid or minimise the risk.
Please ensure that products ordered can fit into your home, the areas for which it is intended or location for delivery. If the product(s) do not so fit, you can still accept delivery or you can return the products, but any return will be at your own cost (see further our Returns Policy).
For the purpose of these Terms "delivery" or "delivered" shall be deemed to have occurred upon signing for receipt of the products at the agreed delivery address.
9. UNABLE TO DELIVER
If we are unable to deliver, we will try to find a safe secure place to leave your parcel. If we cannot find a safe and secure place, your product(s) will be returned to our depot. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day. However, we might have to charge you for the storage and redelivery of the product(s). Such costs are set out in our Delivery Costs Guide.
10. RISK AND TITLE
The Products will be at your risk from the time of delivery.
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, or upon delivery (as defined in clause 8), whichever is the later.
11. RICE AND PAYMENT
The price of any products will be as stipulated on our site from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund.
We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you a Order Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect price.
The prices on the website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide.
Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you a Order Confirmation.
Once you have finished shopping all the items you wish to purchase are added to your basket, your next step will be to go the checkout process and make payment.
Payment can be made by Visa, Mastercard, Affinity Card, and American Express card. To minimise the possibility of unauthorised access, your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time the order is made. No payment will be taken from your credit card until your order has been dispatched for delivery.
By clicking "Authorise payment" you are confirming that the credit card is yours.
We use RapidSSL to ensure payment is made safely.
Credit cards are subject to validation checks and authorisation by your card issuer but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
12. VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT), except for those to be supplied directly to customers the Canary Islands, Ceuta and Melilla.
In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.
Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the "reverse charge" (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure.
As regards orders to be supplied in the Canary Islands and Ceuta and Melilla, they would be VAT exempt as provided under article 146 of the above referred Directive, subject to the application of the relevant taxes and custom duties pursuant to the prevailing rules and regulations..
13. RETURNS POLICY
Cooling off returns
General policy: If you wish to cancel the Contract within the period specified in clause 7 above, you should inform us by contacting us via our web form or return the product to us at the address in the RETURNS FORM. Please send the product back to us (at your own risk) as soon as possible together with a fully completed RETURNS FORM, to the address indicated in the form. You will be responsible for the cost of returning the product to us in this manner. If you return the goods to us at our expense, we will be entitled to charge you for the direct cost we incur as a result. If you have any doubts you can contact us through our web form or at the telephone number +34 916 617 072.
Where possible, please use or include with the product being returned, all original boxes, instructions/documents and wrappings.
We will process your refund as soon as possible (and in any case, within 30 days of the day that you have given us notice of cancellation). We will always refund of the price paid for such products through a voucher that will be reflected in your account for this site, which may be used during the period of one year from issuance. However, you will be responsible for the cost and risk of returning the item to us, as outlined above.
You should be aware that you are under a statutory duty to take reasonable care of the products whilst they are in your possession. If you fail to exercise such reasonable care, we may, depending on the circumstances, have a right of action against you for breach of statutory duty. Failure to exercise such reasonable care may, depending on the circumstances, be demonstrated by your failure to include all of the product´s instructions, documents and wrappings when returning the product, the product being damaged or not in the same condition as you received it or (in the case of clothing or accessories) having been worn (other than for simply trying out the product).
This does not affect your statutory rights.
Defective product returns
In circumstances where you consider that the product does not conform with the Contract at the time of delivery, you should promptly contact us via our web form with details of the product and its damage, or you can contact us by telephone on +34 916 617 072.
You should return the product to us at the address indicated on the RETURNS FORM.
We will fully examine the returned product and will notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We will usually process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement of the defective product.
Products returned by you because of a defect, where one exists, 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. We will always refund any money received from you to the credit card originally used by you to pay for your purchase.
This does not affect your statutory rights.
14. LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product.
Nothing in these Terms shall exclude or limit in any way our liability:
a. For death or personal injury caused by our negligence;
b. For fraud or fraudulent misrepresentation; or
c. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
I. loss of income or revenue;
II. loss of business;
III. loss of profits or contracts;
IV. loss of anticipated savings;
V. loss of data; and
VI. waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided "as is"and without warranties express, implied or otherwise howsoever arising.
We warrant to you that any product purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products available on this website.
Products (including handicraft products) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
16. 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.
All notices given by you to us should be given to us via our web form. Subject to and as otherwise specified in clause 16 we may give notice to you at either the e-mail or postal address you provide to us when placing an order.
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.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
19. EVENTS OUTSIDE OUR CONTROL
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).
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:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government.
g. Any shipping, postal or other relevant transport strike, failure or accidents.
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.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
If any of these Terms 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.
22. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.
Neither you nor 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.
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