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 that are displayed on the website of the brand 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 buying party will be the owner of the website, whose details are provided below this document.

For further 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 to these documents, please do not place an order. These Conditions may be modified unilaterally by the Owner, so you should read them before placing each order.

If you have any doubts or questions regarding the 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 inform you that the Owner of the website www.lacalifornie.es (hereinafter, the 'Website'), is Errokería S.L. (hereinafter, 'The Owner'), with Tax ID number B85889855 and registered office at Condes del Val 18, 28036, Madrid. 

You can contact the Holder by e-mail at hola@lacalifornie.es and through the contact forms that you will find at www.lacalifornie.es.

Purpose

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

Terms and Conditions of Use

The use of the website grants you the status of User, and implies full acceptance of all the clauses and conditions of use included in the pages:

• Legal Notice

• Privacy Policy

• Cookie 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 prior express 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 commencement of a business relationship with the Owner.

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

To this end, you are obliged and committed NOT to use any of the contents of the website for illegal purposes or effects, prohibited in this Legal Notice or by law, harmful to the rights and interests of others, or in any way damage, disable, overburden, impair or impede the normal use of the contents, computer equipment or documents, files and all kinds of content stored on any computer equipment owned or contracted by the Holder, other users or any Internet user.

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

• You may only use the website to make 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 be entitled to cancel the order and inform the relevant authorities.

• You undertake to provide us with 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 required 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.

Availability of the Service

The articles displayed and offered through the website will be available throughout the European Union and America, 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 imply the commencement of a commercial relationship with the Owner. The purchase contract will not be valid and effective between both 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 formalised when the Shipping or Order Confirmation is sent to the buyer, once the buyer completes the online purchase procedure.

The Contract shall only be concluded for those products that are stated in the Shipping Confirmation. The Proprietor is not obliged to supply the purchaser with any other products that may have been ordered and that have not been paid for or do not appear on the Dispatch Confirmation.

Availability of the products:

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 the same or higher value that may be ordered. 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 same. However, the seller guarantees to process all orders, although in the case of exceptional circumstances it may refuse to process any of them even after having sent the Order Confirmation. It also reserves the right to refuse to process a specific order, at any time and of its own free will, at which time no amount will be payable by the customer, who 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. Likewise, the customer must include all instructions, documents and packaging of the products. No refund will be made if the product has been used or damaged. Therefore, we kindly ask you to treat the product with care and to keep the original boxes and packaging in case of return.

You will find more details about this right recognised by law, as well as the explanation about its exercise below, likewise, a summary of the same will be sent to your mail when you receive the Shipping Confirmation.

Delivery:

Notwithstanding the above, and unless extraordinary circumstances or events of force majeure occur, we will dispatch the items listed on the Dispatch Confirmation before the delivery date stated on the Dispatch Confirmation. In the event that no delivery date is specified, the delivery time will be 15 days from the date of the Shipping 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 of continuing with the order by setting a new delivery date, or cancelling 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.

The delay may be a consequence of the following situations:

• Personalisation or customisation of products;

• Specialised articles;

• Major causes;

• Unforeseen circumstances of an exceptional nature;

• Delivery zone.

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

Impossibility of delivery:

If, after two attempts to make the delivery, it is impossible to carry it out, the customer will be informed of the nearest collection point where he/she will be able to collect 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.

Passing of risk and ownership:

Both the risk of the Products and their ownership shall be acquired by the customer when the seller receives full payment of the amount resulting from the purchase process, or at the time of delivery of the product.

Price and Payment:

The price of the Products shall be the price stipulated at any given time on the Website, except in the case of 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 proceed to its cancellation. In the event that 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 include the corresponding VAT but do not include shipping costs, which will be added to the total amount, in accordance with our Shipping Costs Guide.

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

Value Added Tax (VAT):

In accordance with current legal regulations, all purchases made through the website will be subject to VAT, except for 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, deliveries shall be deemed to be located in the Member State stated in the delivery address of the items, with the applicable VAT rate being the rate legally in force in each Member State of the destination of the items stated in each order.

In accordance with the regulations 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 be applicable, which would imply that VAT would not be charged by us, without prejudice to the recipient's obligation to self-rebate the tax due on the transaction.

For orders destined for the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT pursuant to 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 else 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.

Notwithstanding the foregoing, unless otherwise provided in the Conditions and to the extent permitted by law, the Seller accepts no liability for consequential damages caused by the loss of the Product, nor for any 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 on an "as is" basis and without warranties expressed, implied or otherwise.

The Proprietor declines all liability in the event of interruptions or malfunctioning 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 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 the rights recognised by law to consumers, 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 the 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 published on the website, or in the case of e-mails, 24 hours after they are sent. In the case of postal mail, they will be considered to have been received 3 days after the mail has been posted.

Assignment of rights and obligations:

The contract entered into is fully legal and binds 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.

On the other hand, the Seller may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations arising thereunder 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 or void, reduce or otherwise limit any express or implied warranties that 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 event of Force Majeure beyond its reasonable control.

Force Majeure shall include 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 (whether declared or not) or threat or preparation for war.

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

• Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.

• Impossibility of using public or private telecommunications systems.

• Acts, decrees, legislation, regulations or restrictions of other governments.

• Strikes, failures or accidents in maritime or river transport, postal or any other type of transport.

It shall be understood that the obligation to perform arising from the contract shall be suspended for the duration of the case of force majeure. In such cases, the period for the performance of the said obligation shall be extended, with the seller making every reasonable effort to find a solution that benefits both parties to the contract.

Waiver:

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

Entire Agreement:

These Conditions and any documents expressly referred to constitute an integral and indivisible agreement between both parties, and constitute the main subject matter 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 declaration or promise made 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 have only 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 competent authority, they shall be void, without affecting the other terms, which shall continue in full force and effect to the extent permitted by applicable law.

Right of modification:

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

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

Comments:

The Proprietor reserves the right to remove any comments that violate current legislation, injurious to the rights or interests of third parties, or which, in its opinion, are not suitable for publication.

The Holder shall not be responsible 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 Holder may be stored in automated databases or not, whose ownership corresponds exclusively to the Holder, which assumes all technical, organizational and security measures to ensure the confidentiality, integrity and quality of the information contained therein in accordance with the provisions of 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 non-existence of viruses or other elements that may cause alterations in the User's computer systems (software and hardware) or in their electronic documents and files contained therein, although the Holder makes every effort and takes 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 Holder on the Privacy Policy page.

Cookies policy

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

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

• The provider's domain name (ISP) and/or IP address that gives them 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 under no circumstances can it be associated with a specific, identified User.

Links of interest to other websites

The Proprietor may provide you with access to third-party websites by means of links with the aim of informing you of the existence of other sources of information on the Internet where you can find further information about the data offered on the website.

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

Furthermore, the Proprietor is not responsible for any links or references located on the linked websites to which it provides you with 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 are 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 to 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 every effort to avoid such incidents.

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

Right to opt-out (optional)

Titular reserves the right to deny or withdraw access to the website and the services offered without prior notice, at its own request or at the request of a third party, to those users who breach 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 fulfilment of 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.

Contact

If you have any questions about these Legal Conditions or would like to make any comments about this website, you can send an e-mail to the address hola@lacalifornie.es.