Conditions of use

This document contains the Conditions of Use (hereinafter "the Conditions") that regulate this website, as well as the contract that binds both parties - buyer and seller - entered into through the purchase of the articles/services shown on the brand's website or any external link to which it may redirect. The buying party will be the user who makes a purchase of any item/service through this website, while the selling party will be the owner of the website, whose details are provided below this document.

For more information, please read these Terms and Conditions and all other legal documents carefully before proceeding to authorise payment and place your order. Once payment has been authorised, you agree to be bound by these Terms and Conditions and, if you do not agree with these documents, please do not place an order. These Conditions may be modified unilaterally by the Owner, so please read them before placing each order.

If you have any questions or concerns about the Terms and Conditions or the Privacy Policy, you can consult our website, where you will find a contact form for this purpose.

Identification and ownership

In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we hereby inform you that the Owner of the website www.lacalifornie.es (hereinafter, the 'Website'), is Errokería S.L. (hereinafter, 'The Owner'), with Tax Identification Code B85889855 and registered office at Condes del Val 18, 28036, Madrid. 

You can contact the Registrant by e-mail at hola@lacalifornie.es and via the contact forms at www.lacalifornie.es.

Purpose

The purpose of the website www.lacalifornie.es is the purchase of decorative items and furniture.

Conditions of use

The use of the website confers the condition of User, and implies full acceptance of all the clauses and conditions of use included in the pages:

  • Legal notice

  • Privacy policy

  • Cookies policy

These Terms and Conditions are the only ones applicable to the use of this website, and supersede all other Terms and Conditions, except with the express prior written consent of the Seller. These Terms and Conditions are important to both parties, as they constitute the legally binding agreement between them, protecting your rights as a customer. If you do not agree with each and every one of these terms and conditions, please refrain from using this website.

Access to this website does not in any way imply the initiation of a commercial relationship with the Owner.

Through this website, the Proprietor provides you with access to and use of various content that the Proprietor or its collaborators have published on the Internet.

To this end, you undertake and undertake NOT to use any of the contents of the website for illicit purposes or effects, prohibited in this Legal Notice or by law, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or impede the normal use of the contents, computer equipment or documents, files and all types of content stored on any computer equipment owned or contracted by the Owner, other users or any Internet user.

In particular, you declare that, by placing your order, you have read and accept these terms and conditions and, in particular

  • You may only use the website for legally valid enquiries or orders.

  • You may not place any order that could be considered speculative, false or fraudulent. If the Brand believes on reasonable grounds that such an order has been placed, it shall have the right to cancel the order and inform the relevant authorities.

  • You agree to provide us with a true and correct email address, postal address and/or other contact details, and you agree that we may use this information to contact you if necessary (see our Privacy Statement).

  • If you do not provide us with all the information necessary for the purchase, we will not be able to process your order.

  • By placing an order through this website, you warrant to us that you are of legal age and have sufficient legal capacity to enter into binding contracts.

Service availability

The items displayed and offered through the website will be available throughout the European Union and the Americas, except in exceptional circumstances, or in cases of force majeure, which will be notified in advance and in a timely manner.

Formalisation of the contract:

Access to this website does not in any way constitute the start of a commercial relationship with the Owner. The purchase contract will not be valid and effective between the two parties until the order has been accepted. In the event that the order is not accepted and the buyer's bank account has been debited, the amount of the order will be paid in full by the seller.

The contract will only be concluded when the Dispatch or Order Confirmation is sent to the buyer, once the buyer has completed the online purchase procedure.

The Contract shall only be concluded for those products that are listed on the Shipping Confirmation. The Owner is not obliged to supply the Buyer with any other products which may have been ordered and which have not been paid for or are not listed on the Shipping Confirmation.

Product availability:

All products are subject to the availability of stock of the same, therefore, in the event of supply difficulties or lack of stock, the seller reserves the right to provide the purchasing party with information on other products of similar or similar characteristics of equal or higher value that may be requested. In the event that a product has been paid for but is not in stock, the seller is obliged to reimburse the amount paid by the customer for the same.

Refusal to process an order:

The seller reserves the right to remove any product from the website at any time, as well as to remove or modify any material or content of the website. However, the Seller guarantees the processing of all orders, although in the event of exceptional circumstances it may refuse to process any of them even after having sent the Order Confirmation. Likewise, it reserves the right to refuse to process a specific order, at any time and of its own free will, in which case the customer will not be required to pay any amount, of which it will be expressly informed.

Right of withdrawal:

The customer may withdraw from the Contract at any time within 14 working days of receipt of the order. In this case, the price paid for the products will be refunded in accordance with our Returns Policy.

The right of withdrawal from the Contract shall only apply to those products that are returned in perfect condition. The customer must also include all instructions, documents and packaging of the products. No refund will be made if the product has been used or damaged. We therefore ask you to treat the product with care and to keep the original boxes and packaging in case of return.

You will find further details of this statutory right and an explanation of how to exercise it below, and a summary of this right will be sent to you when you receive the Dispatch Confirmation.

Delivery:

Notwithstanding the above, and unless extraordinary circumstances or force majeure occur, we will dispatch the items listed on the Dispatch Confirmation before the delivery date indicated on the Dispatch Confirmation. In the event that no delivery date is specified, the delivery period shall be 15 days from the date of the Dispatch Confirmation.

If for any reason the agreed delivery date cannot be met, the customer will be informed of this circumstance and will be given the option to continue with the order by setting a new delivery date, or to cancel the order with a full refund of the amount paid. It should be noted that deliveries will not be made on Saturdays, Sundays or public holidays.

Delay may result from the following situations:

  • Personalisation of products;

  • Specialised articles;

  • Main causes;

  • Unforeseen circumstances of an exceptional nature;

  • Delivery area.

For the purposes of these Conditions, delivery shall be deemed to have taken place at the time of signing for receipt of the goods at the agreed delivery address.

Undeliverability:

If, after two attempts to deliver, it is impossible to do so, the customer will be informed of the nearest collection point where he/she can pick up the package. If you are not at the delivery point on the agreed date and time, please contact us to arrange a new delivery date.

Transfer of risk and ownership:

The risk in and ownership of the Products shall pass to the Customer upon receipt by the Seller of full payment of the amount resulting from the purchase process, or upon delivery of the Product.

Price and method of payment:

The price of the Products shall be the price stipulated at all times on the Website, unless there is a manifest error. If there is an error in the price of any of the products ordered, the customer will be informed as soon as possible and will be given the option of placing the order again with the correct price, or to proceed to its cancellation. If the seller is unable to contact the customer, the order will be considered cancelled and the amounts paid will be refunded.

All prices on the website are inclusive of VAT, but exclude delivery charges, which will be added to the total amount, in accordance with our Delivery Charges Guide.

Prices may vary depending on different circumstances, such as campaigns, promotions or sales season. Except as stated above, any changes will not affect orders for which a Dispatch Confirmation has been sent.

Value Added Tax (VAT):

In accordance with current legislation, all purchases made through the website will be subject to VAT, except those destined for the Canary Islands, Ceuta or Melilla.

In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, supplies shall be deemed to be located in the Member State indicated in the delivery address of the goods, the applicable VAT rate being that legally in force in each Member State of destination of the goods appearing in each order.

According to the rules applicable in each jurisdiction, in the case of supplies of goods made in certain EU Member States to a business or professional recipient, the "reverse charge" rule (Article 194 of Directive 2006/112) could apply, which would mean that VAT would not be charged by us, without prejudice to the recipient's obligation to self-assess the tax due on the transaction.

For orders destined for the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT in accordance with the provisions of article 146 of the aforementioned Directive, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of them.

Contractual liability and exemption from liability:

Liability in relation to any Product purchased from our website shall be strictly limited to the purchase price of such Product.

Nothing in the Conditions of Purchase shall exclude or limit in any way the Seller's liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; any matter deemed illegal or unlawful.

Without limiting the foregoing, except as otherwise provided in the Conditions and to the extent permitted by law, the Seller accepts no liability whatsoever for consequential damages caused by the loss of the Product, or for consequential damages arising in any way, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

All product descriptions, information and materials on the website are provided "as is" and without warranties express, implied or otherwise.

The Proprietor declines any liability in the event of interruptions or malfunction of the Services or content offered on the Internet, whatever their cause. Likewise, the Proprietor shall not be liable for network failures, loss of business as a result of such failures, temporary suspensions of the electricity supply or any other type of indirect damage that may be caused by causes beyond the control of the Proprietor.

The provisions of this clause shall not apply to consumers' statutory rights, nor to their right to withdraw from the contract.

Communications:

By using this website, the buyer accepts that communications between both parties will be electronic. The seller may contact the customer by e-mail, or through notices posted on the website. Therefore, for contractual purposes, the customer consents, agrees to receive electronic communications and acknowledges that all contracts, notices and information sent to him comply with the relevant legal requirements. This condition shall not affect your statutory rights.

Communications shall be deemed to have been received as soon as they are posted on the website or, in the case of e-mails, 24 hours after they are sent. In the case of postal mail, they shall be deemed to have been received 3 days after the mail has been posted.

Assignment of rights and obligations:

The concluded contract is fully legal and binding on both parties from the moment it is deemed valid. The customer may not transfer, assign, encumber or in any other way transfer a Contract or any of the rights or obligations arising therefrom in his favour, without having obtained the prior written consent of the seller.

Furthermore, the Seller may transfer, assign, assign, encumber, sub-contract or otherwise convey a Contract or any of the rights or obligations under it in its favour at any time during the term of the Contract. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers shall not affect the customer's statutory rights as a consumer nor shall they void, reduce or otherwise limit any express or implied warranties which may have been given to the customer.

Events beyond the seller's control

The Seller shall not be liable for any failure or delay in the performance of any of its obligations under a contract which is due to any event or Force Majeure beyond its reasonable control.

Force Majeure shall mean any act, event, default, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

  • Strikes, lockouts or other industrial action.

  • Civil commotion, riot, invasion, terrorist attack or threat, war (declared or undeclared) or threat or preparation for war.

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

  • Inability to use trains, ships, planes, 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 other governments.

  • Strikes, breakdowns or accidents in maritime or inland waterway transport, postal or any other type of transport.

It shall be understood that the obligation to perform under the contract shall be suspended for the duration of the case of force majeure. In such a case, the deadline for performance shall be extended, with the seller making all reasonable efforts to find a mutually beneficial solution for both parties to the contract.

Resignation:

If, during the term of the Contract, the Seller fails to insist upon strict performance of any of its obligations under the Contract or any of these Conditions, this shall not constitute a waiver of such rights or remedies or relieve the Customer from the performance of such obligations, nor shall it relieve the Customer from further performance.

No waiver by us of any of these Terms shall be effective unless expressly stated as a waiver and communicated to you in writing in accordance with the Notice section above.

Full agreement:

These Conditions and any documents expressly referred to constitute an integral and indivisible agreement between both parties, and constitute the main object of the contract. They supersede any other prior covenant, agreement or promise agreed between the contracting parties.

Both parties acknowledge that they have agreed to enter into this contract without any representation or promise prior to the conclusion of this contract. The contracting parties waive any uncertain representations made by the other party, whether oral or written, prior to the date of this contract (unless such uncertain representations were made fraudulently), and shall only have a remedy for breach of contract in accordance with these Conditions.

If any of these conditions or terms are held to be invalid, illegal or unenforceable to any extent by any competent authority, it shall be void, without affecting the other conditions, which shall remain in full force and effect to the extent permitted by applicable law.

Right of amendment:

The seller and owner of the website reserves the right to revise and modify these terms and conditions at any time.

The customer shall be deemed to be bound by the policies and conditions in force at the time of placing the order. In the event that such changes are due to a legal obligation, any such changes will also affect orders previously placed by the customer and which do not exceed 14 days from receipt of the order.

Remarks:

The Owner reserves the right to remove any comments that violate current legislation, infringe the rights or interests of third parties or that, in his opinion, are not suitable for publication.

The Owner shall not be liable for the opinions expressed by users through the comments system, social networks or other participation tools, in accordance with the provisions of the applicable regulations.

Security measures

The personal data provided to the Data Controller may be stored in automated or non-automated databases, whose ownership corresponds exclusively to the Data Controller, who assumes all the technical, organisational and security measures that guarantee the confidentiality, integrity and quality of the information contained therein in accordance with the provisions of the current legislation on data protection.

However, you should be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, the Holder cannot guarantee the absence of viruses or other elements that may cause alterations in the User's computer systems (software and hardware) or in its electronic documents and files contained therein, although the Holder makes its best efforts and adopts the necessary security measures to avoid the presence of these harmful elements.

Personal data

You can consult all the information relating to the processing of personal data collected by the Data Controller on the Privacy Policy page.

Cookies policy

On the Cookies Policy page you can consult all the information relating to the policy on the collection and processing of cookies.

The Owner only obtains and retains the following information about visitors to the Website:

  • The domain name of the provider (ISP) and/or the IP address that gives you access to the network.

  • The date and time of access to the website.

  • The source Internet address of the link to the website.

  • The number of daily visitors to each section.

  • The information obtained is completely anonymous, and in no case can it be associated with a specific and identified User.

 

Useful links to other websites

The Owner may provide access to third party websites by means of links in order to inform you of the existence of other sources of information on the Internet where you can expand the information offered on the website.

These links to other websites are in no way a suggestion or recommendation to visit the destination websites, which are beyond the control of the Owner, and therefore the Owner is not responsible for the content of the linked websites or the result obtained by you following the links.

Furthermore, the Owner is not responsible for any links or references located on linked websites to which it provides access.

The establishment of the link does not imply in any case the existence of a relationship between the Holder and the owner of the site where the link is established, nor the acceptance or approval by the Holder of its contents or services.

If you access an external website from a link you find on the Website, you should read the privacy policy of the other website, which may differ from that of this Website.

 

Intellectual and industrial property

All rights reserved.

All access to this Website is subject to the following conditions: reproduction, permanent storage and dissemination of the contents or any other use for public or commercial purposes is expressly prohibited without the prior express written consent of the Owner.

Limitation of liability

The information and services included in or available through this website may include inaccuracies or typographical errors. The Proprietor periodically makes improvements and/or changes in the information contained and/or the Services which may be made by the Proprietor at any time.

The Proprietor does not represent or warrant that the services or content will be uninterrupted or error-free, that defects will be corrected, or that the service or the server that makes it available are free of viruses or other harmful components, notwithstanding the fact that the Proprietor makes its best efforts to avoid such incidents.

Before making decisions and/or taking action based on the information contained on the website, the Proprietor recommends that you check and contrast the information received with other sources.

Opt-out right (optional)

Titular reserves the right to deny or withdraw access to the portal and the services offered without prior notice, at its own request or at the request of a third party, to those users who fail to comply with any of the conditions of this Legal Notice.

Jurisdiction

This Legal Notice is governed entirely by Spanish law.

Provided that there is no rule that obliges otherwise, for any questions that may arise regarding the interpretation, application and compliance with this Legal Notice, as well as any claims that may arise from its use, the parties agree to submit to the Courts and Tribunals of the city of Madrid, expressly waiving any other jurisdiction that may correspond to them.

Please contact

If you have any questions about these Legal Terms and Conditions or wish to make any comments about this website, you can send an email to  hola@lacalifornie.es.