Terms & Conditions
GENERAL TERMS AND CONDITIONS OF 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 in 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.
- OUR DATA
The sale of items through this website is carried out by GAIA APPARELS, a Spanish commercial company with registered office at Calle Príncipe de Vergara 13-3C, C.P. 28001, Madrid, Spain, CIF: B01622497, telephone +34 603 165 394 and contact email address: firstname.lastname@example.org, is responsible for this website.
- YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide about yourself will be treated in accordance with the provisions of the Privacy and Cookies Policy. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality. Likewise, your consent will be granted when you press the "confirm" or "accept" button that is displayed in the various communications that are presented on our website and that require your interaction to continue.
- 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 inquiries or orders.
- Do not place 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 THE PRODUCTS
The articles offered through this website are available to be sent worldwide, except for the annotations that, where appropriate, are made in specific articles, where any restriction or particular note is indicated on said product or its shipment to a specific destination / country / region.
- HOW TO PLACE AN ORDER
To place an order, you must select the product and the item quantity of said product that you want to buy, adding it to the shopping cart. You will be able to view the products and the number of items selected to proceed with the purchase in your shopping cart. Before you complete the purchase, that is, proceed with the payment, you will be able to review your order.
To place an order, you must follow the online purchase procedure and click "Accept Payment". After this, you will receive an email that will contain the acknowledgment of receipt of your order (the "Order Confirmation"). We will also 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 contact email address email@example.com, as well as exercise through the same email the right of rectification contemplated in our Privacy and Cookies Policy.
This website shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have 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, on the phone or at the aforementioned email address, to correct the error.
- AVAILABILITY OF THE PRODUCTS
All orders are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount that 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 related product / s 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 setting a new delivery date or 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 acquire material possession of the products, which is will prove by signing the receipt of the order at the agreed delivery address, by the courier staff.
Our orders are insured and sent through various courier companies with which we have agreements, and which are chosen at our sole discretion. 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 checkout. In the event of an address error, the shipping company returns your order to us due to non-delivery, the customer will be asked to pay for the reshipment of their order.
- IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order because there was no one to receive it or the address was incorrect, we will do our best, commercially reasonable, to attempt to deliver your order. However, if it cannot be delivered, your order will be returned to our warehouse. Likewise, we will send you a notification explaining where your order is located and how to get it sent again. It is important that on business days and hours someone is at the place chosen for the delivery of the order. Otherwise, we kindly ask you to contact us to arrange delivery on another day.
In the event that after 15 days since your order is available for delivery, the order has not been delivered for reasons 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 the 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 delivery method other 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 terminated. Please bear in mind that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.
- TRANSFER OF RISK AND OWNERSHIP
The risks of the products will be your responsibility from the moment 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 took 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 explained 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 basket 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 that is requested in each step. Likewise, during the purchase process, before making the payment, you can modify the details of your order. A detailed description of the purchase process is available in section 6 of these Terms and Conditions. In addition, if you are a registered user, you have a detail of all the orders made in the My Account section.
You can use traditional and digital payment methods such as PayPal, Shopify Payments, Apple Pay, among others, and Visa, Mastercard, American Express cards.
By clicking on "Authorize Payment" you are confirming that the credit / debit card or payment intermediary account 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 their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.
- BUY AS A GUEST
This website also allows the purchase through the guest purchase functionality. In this type of purchase, you will only be asked for the essential data to be able to process your order.
Once the purchase process is completed, you will be offered the possibility of registering as a user or continuing 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 articles will be understood to be located in the territory of application of Spanish VAT, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force in Spain at all times depending on the specific article in question.
In orders destined for 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 duties in accordance with current regulations. in each of these territories.
You expressly authorize us to issue the invoice in electronic format, although you can indicate to us at any time your desire to receive a paper invoice, in which case, we will issue and send the invoice in that format.
- RETURN POLICY
15.1 Legal right to cancel the purchase
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in the event that 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 material possession of the last of those goods.
To exercise the right of withdrawal, you must notify us of this situation at the following email address firstname.lastname@example.org, by 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.
15.2 Consequences of withdrawal
In the event of withdrawal on your part, 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 delivery method other than the least expensive form 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 reimbursement using the same means of payment used by you for the initial transaction, unless you indicate otherwise, expressly detailing the means of payment 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 withhold the reimbursement until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first.
You must return or deliver the products directly to us through a messenger / courier, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before said term has expired. You will bear the direct cost of returning the goods to us, without prejudice to the full return of the cost for the initial shipment of the products. We recommend that you use certified mail to keep track of the package at all times until it reaches us.
You will only be responsible for the decrease in the value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
15.3 Common provisions
You will not have the right to withdraw from the contract whose object is the supply of any of the following products:
- Personalized items.
- 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, of products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must 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 accompanying documents.
Returns via courier / courier:
You must send the merchandise in the same package that you received it. If you have made a purchase as a guest, you can request returns through courier / courier, by sending an email to the contact email address email@example.com.
You will be responsible for the return costs. Please bear in mind that if you decide to return the items to us, postage due, we will be authorized to charge you for the expenses we may incur.
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 a period of 14 days from the date you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of the 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, you must organize the transport of the same to return the products to us, and we do not assume any risk regarding the return package when it refers to causes not attributable to us.
Likewise, remember that you will be responsible for the content of the return package. In the event that there is an error in the content of the return package that is not attributable to us, we will be authorized to pass on the corresponding costs.
In any case, the rights and actions recognized by current legislation remain safe.
15.4 Size change
In cases where you consider that the size of the purchased product does not meet your needs, and without prejudice to the legal right of withdrawal, you must return the unwanted product and order the product again in the size you consider. adequate. To this section, what is indicated in this section will be applicable (Right of Withdrawal 15.1). You will also be responsible for the cost of returning unwanted products to us. We recommend that you use certified mail to keep track of the package at all times until it reaches us.
Any questions you can write to our contact email firstname.lastname@example.org.
Together with the article, you must deliver the electronic ticket that you will have received attached to the Shipping Confirmation, which you must enter in the package. You must deliver the merchandise in the same package that you received it.
15.5 Returns of defective products
In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you should contact us immediately through our contact channels, providing the product data, as well as the damage suffered, or by calling us by phone where we will tell you how to proceed.
The product can be returned by handing it over to a courier / courier that we will send to your home when requesting collection.
We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the refund or replacement of the product 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 any defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase.
In any case, the rights recognized by current legislation remain safe.
If you contract as a consumer and user, we offer you guarantees on the products that we commercialize 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 a period of two years from the delivery of the product.
It is understood that the products are in accordance with the contract provided that (i) they conform to 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 destined 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 does not comply with the contract, you must inform us by following the procedure detailed in section 15.5 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 variations 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 said product.
However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
- loss of income or sales:
- loss of business;
iii. loss of profits or loss of contracts;
- loss of anticipated savings;
- data loss; Y
saw. loss of management time or office hours.
Due to the open nature of this web page 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 web page unless it is established expressly otherwise in it.
- INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights on the materials or content that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may make use of such material only in the way that we or those who have granted us a license for its use expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.
- WRITTEN COMMUNICATIONS
Applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that the majority of such communications with us will be 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 should be sent through our email address email@example.com. In accordance with the provisions of clause 19 above and unless otherwise stipulated, we may send you communications either by e-mail or to 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 moment in which they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a 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, assignees and assignees. 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, in your case, you, as a consumer, have recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted.
- EVENTS BEYOND 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, threat or terrorist attack, war (declared or not) or threat or preparations for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
saw. 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 on your part of any of the obligations assumed by you, by virtue of a contract or these Conditions or the lack of exercise on our part 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 exonerate you from complying with such obligations.
No waiver on our part 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 of 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 Notifications section above.
- PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
- ENTIRE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement existing between you and us in relation to their purpose and replace any other prior pact, agreement or 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 it, except for what is expressly stated in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such an 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 the contracts for the purchase of products through said website will be governed by Spanish law.
Any controversy that arises or is related to the use of the website or with said contracts will be subject to the exclusive jurisdiction of the Spanish courts and tribunals and specifically of the Community of Madrid. For this reason, it must always be taken into account that in the event that the consumer has a domicile in a country other than Spain, the jurisdiction will be Spain, since our domicile is in that country and is the territory from which we issue our offers to the consumers.
If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.
- COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions, as well as any questions, 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 +34 603 165 394 or writing to our contact email address firstname.lastname@example.org.
Your complaints and claims before 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 identifying code that we will make known to you and will allow you to track them.
If you as a consumer consider that your rights have been violated, you can direct your complaints to us through the email address email@example.com in order to request an out-of-court dispute resolution.
In this sense, if the acquisition between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us. on consumer affairs accessible through the Internet address http://ec.europa.eu/consumers/odr/.
Last updated: 10/21/2020
Model withdrawal form (You must only complete and send this form if you wish to withdraw from the contract)
For the attention of GAIA APPARELS S.L. with address at Calle Príncipe de Vergara 13-3C, C.P. 28001, Madrid, Spain and email firstname.lastname@example.org acting under the commercial name Coco Au Lait.
I hereby expressly state that I wish to withdraw from my contract of sale regarding the following good:
Order number: [*]
Order on the day: [*]
Received on: [*]
Consumer name: [*]
Consumer address: [*]
Do not respond to information that does not apply.