This document (together with all documents referred to herein) sets out the terms and conditions governing your use of this website (www.hogaresconencanto.com) and your purchase of products on it (hereinafter, the "Terms").
Please read these Terms, our Cookie Policy and our Privacy Policy (together, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and our Data Protection Policies, so if you do not agree with all of the Terms and the Data Protection Policies, you should not use this website.
These Terms may be modified. It is your responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable or, in the absence of these, those that are applicable to you at the time of using the website will be applicable.
As a user or client, you expressly declare that you know, understand and accept the conditions of use and these general contracting conditions. Likewise, you declare that you are of legal age and have the legal capacity and ability to act necessary to access the website www.hogaresconencanto.com and to contract through it.
If you have any questions related to the Conditions or the Data Protection Policies, you can contact us through our email info@hogaresconencanto.com.
Our data
The General Terms and Conditions regulate the distance selling relationship between (Antonia Alonso Parra, with NIF: 34.741.522 E, with registered office at Avenida Andalucía No. 4, 18519 Purullena, Granada, contact telephone number 623.06.70.66 and email info@hogaresconencanto.com) and the user or client, in accordance with the legal provisions, in particular, Law 7/1998, of April 13, on General Terms and Conditions, Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the defense of consumers and users, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on the regulation of retail trade, and Law 34/2002 of 11 July, on information society services and electronic commerce.
Your data and your visits to this website
The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of said information and data and declare that all the information or data that you provide us is true and corresponds to reality.
Using our website
By using this website and placing orders through it you agree to:
· Use this website only to make legally valid enquiries or orders.
· Not place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed we are entitled to cancel it and inform the relevant authorities.
· Provide us with your email address, postal address and/or other contact details in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we require, we will not be able to process your order. 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.
How to place an order
To place an order, you must follow the online purchasing procedure (see “Purchase Guide / How to buy”) and click on “Complete order”. After this, you will receive an email acknowledging receipt of your order.
Product availability
All orders are subject to product availability. If there are difficulties in supplying products or if there are no products in stock, we will contact you and give you the option of continuing with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid.
Technical means to correct errors
If 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 section "My account / Personal information".
In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service via email at info@hogaresconencanto.com, as well as exercising the right of rectification contemplated in our Privacy Policy via the same email.
This website displays confirmation windows in various sections of the purchase process that do not allow you to continue with the order if the data in these sections have not been provided correctly. Likewise, this website offers the details of all the products 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 completing the payment process, you must immediately contact our customer service department, on the telephone number or at the email address mentioned above, to correct the error.
Shipping and delivery
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by setting a new delivery date or cancelling the order with a full refund of the amount paid. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays.
For the purposes of these Conditions, delivery will be deemed to have taken place or that the order has been delivered at the time when you or a third party indicated by you acquires physical possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.
Failure to deliver
If we are unable to make delivery, the courier will attempt to contact you by telephone. If this is not successful, a second delivery will be attempted. If delivery has not been possible during this second attempt, the package will be left at the agency until a new delivery date is agreed.
If 15 days have passed since your order is available for delivery and the order has not been delivered for reasons not attributable to us, the courier service will return the package to us. As a result of the reshipment of the package, the customer must pay the shipping costs again so that we can send the package to their address again.
Transfer of risk and ownership
The risks of the products will be your responsibility from the moment of their delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery.
Price and payment
The prices on the website include VAT, but exclude delivery costs, which will be added to the total amount due as set out in “Shipping and delivery”.
Prices may change at any time, but (except as stated above) any changes will not affect orders for which we have already sent you an order confirmation.
Once you have selected all the items you wish to purchase, they will be 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 requested at each step. Also, 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 the “How to buy” section.
You can use credit cards (Visa, Mastercard, American Express and Maestro), bank transfer and Paypal (with an increase of €0.35 plus 3.8% that Paypal applies to us as a merchant) as payment methods.
To minimise the risk of unauthorised access, your credit card details will be encrypted and the entire process will be encrypted.
By clicking “Complete order” you are confirming that the credit card is yours. Credit or debit cards will be subject to checks and authorisations by the issuing entity, but if the entity does not authorise payment, we will not be liable for any delay or lack of delivery and we will not be able to enter into any contract with you.
Value added tax and invoicing
In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the articles will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for 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. For orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to the provisions of Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.
You expressly authorize us to issue the invoice and it will be included in your shipment, and necessary to make a return.
Returns policy
Legal right to withdraw from the purchase.
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 after 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 exercise the right of withdrawal, you must notify us by writing to us at info@hogaresconencanto.com of your decision to withdraw from the contract. To comply with the withdrawal period, it is sufficient for the communication regarding your exercise of this right to be sent before the corresponding period expires.
In the event of withdrawal on your part, we will refund all payments received from you, except for shipping costs, without 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. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods, or until you have provided proof of the return of the same, depending on which condition is met first.
You must return or deliver the products to us by post (see "Exchanges and returns") without undue delay and, in any case, no later than 14 calendar days from the date you receive the order. The deadline will be deemed to have been met if you return the goods before the deadline has expired.
* NOTE: You must bear the direct cost of returning the goods.
Contractual right of withdrawal.
In addition to the right of withdrawal legally recognised for consumers and users and mentioned above, we grant you a period of 14 days from the date of delivery of the products to exchange or return the products (except for those mentioned for which the right of withdrawal is excluded for reasons of hygiene).
Common provisions
You will not have the right to withdraw from the contract whose object is the supply of any of the following products:
· Personalised items.
· Goods sealed for 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 condition in which you received them. No refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you must be careful with 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 may accompany it. You can only make returns by post.
You can return the products by post at your own expense. You must leave the item in the same package in which you received it and follow the instructions in the “Exchanges and returns” section.
After examining the return, we will inform you whether 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 maximum period of 14 days. However, we may withhold the refund until we have received the packages.
You will assume the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our email info@hogaresconencanto.com.
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 must contact us immediately through our email info@hogaresconencanto.com providing the reference of your order, the details of the product, as well as the damage it suffers.
We will proceed to carefully examine the returned product and will inform you by email within a reasonable period of time whether a refund or replacement is appropriate (if applicable). Refunds 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-conforming item is appropriate.
The amounts paid for those products that are returned due to a defect or fault, when it actually exists, will be fully refunded, including the delivery costs incurred to deliver the item to you and the costs incurred by you to return it to us. The refund will be made in the same payment method that was used to pay for the purchase.
Liability and exemption from 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.
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 or security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
Intellectual Property
You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only in the manner expressly authorized by us or our licensors. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact details.
Viruses, hacking and other computer attacks
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack. Failure to comply with this clause may lead to a criminal offence under applicable laws. We will report any breach of this clause to the relevant law enforcement authorities and we will co-operate with those authorities in discovering the identity of the attacker. If you breach this clause, you will immediately cease to be authorised to use this website. We will not be liable for any damage or loss resulting from a distributed denial-of-service attack, viruses or other technologically harmful or damaging material that may infect your computer equipment, data or other materials as a result of your use of this website or your downloading of any content from it or to which it redirects.
Links from our website
Where our website contains links to other websites and materials from third parties, such links are provided for information purposes only, and we have no control over the content of such websites or materials. We therefore accept no liability for any damage or loss arising from their use.
Written communications
Applicable regulations require that some of the information or communications we send to you be in writing. By using this website, you agree that most 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, notices, 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.
Notifications
The notifications that you send to us should preferably be sent through our email info@hogaresconencanto.com and unless otherwise stipulated, we can send communications either to the email or to the postal address provided by you when placing an order. Notifications will be deemed to have been received and correctly made at the same time that 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 service has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to the post office or a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
Assignment of rights and obligations
The contract is binding on both you and us and on our respective successors, assigns and legal representatives. You may not transfer, assign, charge or otherwise transfer a contract or any of the rights or obligations arising from it without obtaining our prior written consent. We may transfer, assign, charge, subcontract or otherwise transfer a contract or any of the rights or obligations arising from it at any time during its term. For the avoidance of doubt, such transfers, assignments, charges or other transfers will not affect any statutory rights you may have as a consumer or void, reduce or otherwise limit any express or implied warranties we may have given you.
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 this Agreement that is caused by events outside our reasonable control ("Force Majeure Event"). Force Majeure Events shall include any act, event, failure to perform, omission or accident beyond our reasonable control and shall include, but not limited to:
· Strikes, lock-outs or other industrial action.
· Civil commotion, riot, invasion, threat or terrorist attack, war (whether declared or not) or threat or preparation for war.
· Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
· Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
· Inability to use public or private telecommunications systems.
· Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations will be deemed to be suspended for the period in which the Force Majeure Cause continues, and we will have an extension of the time to fulfill these obligations for a period of time equal to the duration of the Force Majeure Cause. We will use all reasonable means to end the Force Majeure Cause or to find a solution that allows us to fulfill our obligations despite the Force Majeure Cause.
Waiver
Our failure to require strict performance by you of any of your obligations under a contract or these Terms or our failure to exercise any of the rights or remedies to which we are entitled under a contract or these Terms shall not constitute a waiver or limitation of those rights or remedies and shall not relieve you from compliance with those obligations. No waiver by us of any particular right or remedy shall constitute a waiver of any other rights or remedies arising under a contract or these Terms. No waiver by us of any of these Terms or of any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver and is made and communicated to you in writing in accordance with the Notices section above.
Partial invalidity
If any of these Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions will remain in force, without being affected by such declaration of invalidity.
Complete agreement
These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter of these Conditions and supersede any previous agreement, understanding or promise between you and us, whether oral or in writing. You and we acknowledge that we have agreed to enter into a contract without relying on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations between us prior to it, except for anything expressly mentioned in these Conditions. Neither you nor we will have any remedy in respect of any untrue statement made by the other party, whether oral or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy will be for breach of contract as provided in these Conditions.
Our right to modify these conditions
We reserve the right to modify the Terms and Conditions. We will keep you informed of any substantial changes made to them. These will not be retroactive and, except for possible exceptions depending on the specific case, will be applicable after 30 days from the date of their publication in the corresponding notice.
If you do not agree with the modifications introduced, 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 legislation. Any dispute that arises or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect the rights that you as such are 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 queries, complaints or claims through our email info@hogaresconencanto.com. Your complaints and claims to our customer service will be attended to as soon as possible and, in any case, within a maximum period of one month.
If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address info@hogaresconencanto.com in order to request an extrajudicial resolution of controversies.
In this regard, in accordance with Regulation No. 524/2013 of the EU, we inform you that you have the right to request with us an extrajudicial resolution of consumer disputes accessible through the Internet address https://ec.europa.eu/consumers/odr/.