Terms & Conditions
Terms and Conditions
GENERAL TERMS AND CONDITIONS ON THE CONTRACTING AND USE OF THE WEBSITE
If you have any questions related to the Conditions, the Conditions of Use or the Privacy and Cookies Policy, you can contact us through our contact form or our chat box included on our website.
The contract may be formalized, at your choice, in addition to Spanish, in any of the languages in which the Conditions are available on this website.
The sale of items through this website is carried out by GAIA APPARELS, S.L with address Calle Principe de Vergara 13
Planta 3 Puerta C. 28001, Madrid, España, CIF: B01622497, telephone +34 603 165 394 and email address contact email@example.com, is responsible for this website.
YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The information or personal data that you provide us about you will be treated in accordance with the provisions of the Privacy and Cookies Policy. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide us with is true and corresponds to reality.
USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
Make use of this website only to make legally valid queries or requests.
Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
AVAILABILITY OF PRODUCTS
Items offered through the Mexico website are only available for shipment to Mexico.
Items offered through the global website are available for shipping worldwide.
HOW TO PLACE AN ORDER
To place an order, select the products and quantities you want to buy and add them to the shopping cart. You can review the order before completing it.
To complete the order, you must follow the online purchase procedure and click "Accept Payment". After this, you will receive an email containing the acknowledgment of receipt of your order (the "Order Confirmation"). Also, we will inform you by email that the product is being shipped (the "Shipping Confirmation").
TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.
In any case, you can correct errors related to the personal data provided during the purchase process by contacting the customer service by phone +34 603 165 394 or the email address of contact firstname.lastname@example.org, as well as exercise through the same email the right of rectification contemplated in our Privacy and Cookies Policy.
This web page shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the information in these sections has not been provided correctly. Likewise, this website offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, by phone or email address mentioned above, to correct the error .
AVAILABILITY OF PRODUCTS
All orders are subject to product availability. If there are difficulties in supplying products or if there are no items in stock, we will refund any amount you may have paid.
Unless there are circumstances arising from the customization of products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product / s related in each Shipping Confirmation, within the period indicated on the website according to the method of selected shipment and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid.
For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which is will certify by signing the receipt of the order at the agreed delivery address, by the courier staff.
Our orders are insured and shipped through the courier company Fedex for Mexico and in the case of orders that have to be delivered worldwide, a similar courier company, at our sole choice. Once your order has been shipped, you will receive an email with your tracking number.
Please make sure your address and phone number are correct during the payment. In the event of an error in the address, the shipping company returns your order to us for non-delivery, the customer will be asked to pay for the resending of their order.
IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order because no one received it or the address was incorrect, we will use our best efforts, commercially reasonable, to try to deliver your order. However, if you cannot deliver it, your order will be returned to our warehouse. We will also send you a notice explaining where your order is located and how to get it shipped again. It is important that on business days and hours someone is at the place chosen for the delivery of the order. If not, please contact us to arrange delivery on another day.
In the event that 15 days after your order is available for delivery, the order has not been delivered for a reason not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a result of termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different delivery method than the least expensive delivery method. that we offer) without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract to be terminated. Please note that the transportation derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.
TRANSMISSION OF RISK AND PROPERTY
The risks of the products will be at your expense from the time of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if This would take place at a later time.
PRICE AND PAYMENT
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our "Frequently Asked Questions" section
Prices may change at any time, but (except as stated above) possible changes will not affect orders with respect to which we have already sent you an Order Confirmation.
Once you have selected all the items you want to buy, they will have been added to your cart and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step. Also, during the purchase process, before making the payment, you can modify the details of your order. You have a detailed description of the purchase process in section 6 of these terms and conditions. In addition, if you are a registered user, you have a detail of all the orders placed in the My Account section.
You can use PayPal and Mercado pago for Mexico, Shopify Payments and PayPal for the rest of the world as a means of payment.
By clicking on "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we will not be able to formalize any contract with you.
BUY AS A GUEST
This website also allows purchasing through the purchase functionality as a guest. In this purchase modality, you will only be asked for the essential data to process your order.
Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.
VALUE ADDED TAX AND BILLING
In accordance with the provisions of the local legislation that regulates the Value Added Tax, the delivery of the items will be understood to be located in the territory of application of the Spanish or Mexican VAT, depending on the specific case, if the delivery address is in Mexican or Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
In orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations in each of these territories.
You expressly authorize us to issue the invoice electronically, although you can indicate at any time your willingness to receive an invoice on paper, in which case, we will issue and send the invoice in that format.
- Legal right to cancel the purchase
- Right of withdrawal
If you are hiring as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification.
The withdrawal period will expire 14 calendar days from the day you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in case the goods that make up your order are delivered separately, to the 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods.
To exercise the right of withdrawal, you must notify us of this situation to the following email address email@example.com, sending a letter stating your decision to withdraw from the contract, which will be considered in that sense as an unequivocal statement. You can use the model withdrawal form that appears as an Annex to these Conditions, although its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
16.2 Consequences of withdrawal
In case of withdrawal, we will refund all payments received from you, including delivery costs to the initial shipping address (with the exception of additional costs resulting from your choice of a different delivery method than the least expensive method of ordinary delivery that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same payment method used by you for the initial transaction, unless you indicate otherwise, expressly detailing the payment method through which you want us to make the return. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may retain the refund until we have received the goods, or until you have presented proof of the return thereof, depending on which condition is met first.
You must return or deliver the products directly to us through a courier / courier, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date you communicate your decision to withdraw from the contract. The deadline will be considered fulfilled if you return the goods before the deadline has expired.
You must bear the direct cost of returning the goods.
You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
16.3 Common provisions
You will not have the right to withdraw from the contract whose purpose is the supply of any of the following products:
Goods sealed for health or hygiene reasons that have been unsealed after delivery.
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered or that have suffered any damage, so you should be careful with the / the product / s while they are in your possession. Please return the item using or including all its original packaging, instructions and other documents that accompany it.
Returns through courier / Courier:
You will be responsible for the return costs
After examining the article, we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within 14 days from the date you communicated your intention to withdraw. However, we may retain the refund until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first. You will bear the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our contact channels.
Keep in mind that, having delivered the order, in case of exercising the legal right of withdrawal, when you are the one who organizes the transport of the same, without therefore said service being offered by us, we will not be able to assume the risk about the return package when it refers to causes not attributable to us.
Also, remember that you will be responsible for the content of the return package when you use any of the return options offered by us. In the event that there is an error in the content of the return package not attributable to us, we will be authorized to pass on the corresponding costs if it is possible to manage the return of the package to your attention.
In any case, the rights and actions recognized by current legislation are safe.
16.4 Size change
We cannot change returned products for another size or item, for this reason you have to reorder if you want to buy another product or resize. You are responsible for the costs of return shipping and we recommend that you use a certified postal service to track your package.
16.5 Returns of defective products
In the cases in which you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately through our contact channels, providing the product data, thus such as the damage you suffer, or by calling us by phone where we will tell you how to proceed.
We will proceed to carefully examine the returned product and we will notify you by email within a reasonable period of time if the refund or replacement is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amounts paid for those products that are returned due to a defect or defect, when it really exists, will be fully refunded, including the delivery costs incurred to deliver the item and the costs you would have incurred to return it to us. The return will be made in the same payment method that was used to pay for the purchase.
In any case, the rights recognized by current legislation are safe.
If you contract as a consumer and user, we offer guarantees on the products that we market through this website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within two years from delivery of the product.
It is understood that the products are in accordance with the contract as long as (i) they comply with the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily intended. of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected. In this sense, if any of the products is not in accordance with the contract, you must bring it to our attention following the procedure detailed in section 17.6 above and through any of the means of communication provided for this purpose.
The products we sell may have characteristics of natural materials used for their manufacture. These characteristics, such as variation in sales, texture, knots and color, will not be considered defects or defects. We only select the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
LIABILITY AND DISCLAIMER OF LIABILITY
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of such product.
However, and unless legal provision to the contrary, we will not accept any responsibility for the following losses, regardless of their origin:
loss of income or sales:
loss of business;
loss of profit or loss of contracts;
loss of anticipated savings;
data loss; and
loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is established expressly the opposite in it.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyrights, trademarks and other industrial and intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have licensed us for their use. You may make use of such material only in the manner expressly authorized by us or by those who licensed us for its use. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact information.
The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that most of these communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send us must be sent through our email address firstname.lastname@example.org. In accordance with the provisions of clause 20 above and unless otherwise stipulated, we may send you communications either by e-mail or at the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, it was correctly sealed and that it was duly delivered by post or mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, assigns and successors in title. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.
We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, have recognized by law nor will they void, reduce or limit in any other way the guarantees, both express and tacit , that we could have given him.
EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Force Majeure").
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
The lack of requirement on our part, the strict compliance by you of any of the obligations assumed by you, by virtue of a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of said contract or the Conditions, it will not imply any waiver or limitation in relation to said rights or actions, nor will it exempt you from complying with such obligations.
No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions in the previous Notifications section.
If any of the present Conditions or any provision of a contract were declared null and void by a final resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
These Conditions and any document to which express reference is made therein constitute the entire agreement existing between you and us in relation to the object of the same and replace any other pact, agreement or previous promise agreed between you and us verbally or written.
You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before the same, except as expressly stated in these Conditions.
Neither you nor we will have action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify these Conditions. The modifications introduced will not be retroactive.
If you do not agree with the modifications made, we recommend that you do not use our website.
APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and product purchase contracts through said website will be governed by Spanish or Mexican law, depending on the consumer's address.
Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Mexican courts. In the event that the local legislation on consumer protection does not allow the express agreement of the applicable jurisdiction, the consumer's address will be attended, which can only be Spain because we only offer our services for Mexico and Spain. Therefore, it should always be borne in mind that we do not allocate our services or products to other territories of the European Union other than Spain, so in case the consumer has a domicile in a country other than Spain or Mexico, the jurisdiction will be in Mexico.
If you are hiring as a consumer, nothing in this clause will affect the rights that as such are recognized by current legislation.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. Please send us such comments and suggestions, as well as any queries, complaints or claims, through our contact channels or the postal or email address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them by calling the phone +34 603 165 394 or writing to our contact email address email@example.com.
Your complaints and claims to our customer service will be dealt with in the shortest possible time and, in any case, within the legally established period. Likewise, they will be registered with an identification key that we will inform you and allow you to monitor them.
If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address firstname.lastname@example.org in order to request an out-of-court dispute resolution.
In this sense, if the acquisition between you and us has been made online through our website, in accordance with Regulation No. 524/2013 of the EU, we inform you that you have the right to request with us an out-of-court dispute resolution on consumption accessible through the Internet address http://ec.europa.eu/consumers/odr/.
Last update: 03/26/2020
Sample withdrawal form (You only have to fill out and send this form if you want to withdraw from the contract)
For the attention of GAIA APPARELS, S.L. with address at Calle Principe de Vergara 13
Planta 3 Puerta C. 28001, Madrid, España and email email@example.com acting under the commercial name Coco Au Lait.
I hereby expressly express that I wish to withdraw from my sales contract with respect to the following property:
Order number: [*]
Order the day: [*]
Received on the day: [*]
Name of the consumer: [*]
Consumer address: [*]
Do not respond to information that does not apply.