TERMS AND CONDITIONS
- GENERAL INFORMATION
In accordance with article 10 of the law of services of the information society and electronic commerce 34/2002, of July 11, the following identifying information is given to the owner of the website:
DELICARAMELUM S.L. («DELICARAMELUM») is a company with registered office in Sant Cugat del Vallés, calle Isidre Margenat 13 Bajo, 08195, and email firstname.lastname@example.org. DELICARAMELUM is duly registered in the Mercantile Registry of Barcelona, in volume 43460, folio 119, sheet B 429896.
- SUBJECT OF CONTRACT
3,1 How to order products
To order products, the user must follow the purchase procedure established on the website, read and accept the conditions of use and select «Checkout» (the «order»). The TIQÜE brand will then send an email to the user to confirm that the order has been accepted (the «order confirmation»). The contract between the user and the TIQÜE brand will be definitively formalized once DELICARAMELUM sends the user an order confirmation. Only the products listed in the order confirmation will be covered by the contract.
3,2 product availability
All orders are subject to product availability. In the event that, once the order confirmation has been sent, DELICARAMELUM cannot provide the requested product for any reason, it will contact the user as soon as possible to report this circumstance. In this case, the TIQÜE brand can:
(i) Offer the user, without price increase, a product with similar characteristics to those originally requested, provided they are consistent with the user’s needs; and/or
(ii) Offer the user the cancellation of the requested order, refinancing the amount paid within 14 business days.
3,3 refusal to process an order
Although DELICARAMELUM will always try to process all orders, there may be exceptional circumstances where you may be required to refuse to process an order after you have sent the order confirmation, and DELICARAMELUM reserves the right to do so at any time in its sole discretion. .
DELICARAMELUM reserves the right to withdraw any product from the website at any time and to remove or modify any material or content, and will not be responsible to the user or any third party as a result of removing any product from the website, regardless of whether said Product has been sold or not, or as a result of the removal or modification of any material or content on the website.
3,4 product warranty
All the products contained on the website are original products of the TIQÜE brand. All products have a 2-year guarantee in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated general law on consumer and user protection and other complementary laws.
(i) Adhere to the description given by DELICARAMELUM and have the qualities of the product that DELICARAMELUM has presented to the user as a sample or model.
(ii) They are suitable for the uses that are normally given to products of the same type.
(iii) They are suitable for any particular purpose required by the user when DELICARAMELUM has been notified, provided that DELICARAMELUM has accepted that the product is suitable for such use.
(iv) Have the usual quality and performance of a product of the same type that the user can expect, given the nature of the article.
In the event that the tested product does not comply with the required specifications, DELICARAMELUM, where appropriate, will repair, replace, reduce the price or terminate the contract, at no cost to the user.
DELICARAMELUM will not be responsible for damages to products that may derive from their improper use or from actions or omissions of the user that do not comply with the specifications of each product, or for damages caused by third parties not related to the TIQÜE brand.
DELICARAMELUM takes great care in the presentation and description of the products. However, product photographs are presented by way of illustration. For information on the precise characteristics of each product, the user should check the description that accompanies each product.
3,5 product delivery
Once the order confirmation has been sent, the product (s) will be delivered to the address specified by the user when placing the order within approximately one to seven (1-7) business days after leaving the DELICARAMELUM warehouse.
DELICARAMELUM assumes no responsibility when the product is not delivered due to the fact that the data provided by the user is false, inaccurate or incomplete or if the delivery cannot be completed due to the fault of the shipping company used for this purpose, such as the absence of user or the retention of the product by customs.
Delivery times are approximate, although DELICARAMELUM always tries to meet them.
3,6 Shipping costs
Shipping charges include transportation, insurance and customs at the source. For delivery to countries that are not part of the EU, customs expenses at destination and other taxes (duties) are not included; the recipient will have to settle these in cash in order to receive the merchandise.
The beneficiary will be obliged to pay all import and customs duties at the destination, regardless of whether the merchandise is accepted or not.
The goods will be dispatched in the shortest possible time; however, the beneficiary must take into account the import procedures of the destination country, for which DELICARAMELUM cannot be held responsible. DELICARAMELUM will not accept any responsibility for delays caused by strikes, armed conflicts or other circumstances beyond its control.
DELICARAMELUM accepts no responsibility for delays due to customs procedures or in the event that the local authorities decide to confiscate any part of the order.
3,7 price and payment of products
The prices applicable to each product will be those published on the website on the date the order is placed by the user. Although DELICARAMELUM tries to ensure that all prices listed on the website are accurate, errors may occur. In the event that DELICARAMELUM detects an error in the price of any of the products that a user has requested, it will inform the user as soon as possible and give him the option to reconfirm the order at the correct price or cancel it. If DELICARAMELUM does not contact the user, the order will be considered cancelled and the user will be fully refunded.
DELICARAMELUM will not be obliged to provide the user with any product at an incorrect lower price (even if the order confirmation has been sent) if the pricing error is obvious and unmistakable and could reasonably be recognized by the user as an incorrect price.
Prices can change at any time. However, any changes will not affect the products for which DELICARAMELUM has already sent an order confirmation.
- a) Payment
Users can pay with Visa, Visa Electron, MasterCard or American Express credit or debit card or through PayPal. To minimize the risk of unauthorized access, the user’s credit card data will be encrypted. If the payment is made by credit or debit card, the charge will be made at the time that DELICARAMELUM sends the order confirmation to the user.
- b) Value added tax (VAT)
The VAT rate will be the legally applicable rate at any time depending on the particular product.
- RETURNS AND EXCHANGE POLICY
- a) Right of withdrawal
Under the applicable regulations, in the event that the user contracts as a consumer, he may cancel the contract (except in cases established by law) and freely return or change the products delivered at any time within 30 natural days from the delivery date (the «withdrawal period»).
The user can return and be reimbursed with the total amount of the purchase (this amount does not include shipping costs) or exchange the product for one of a different colour or size. The user must send an e-mail to email@example.com and follow the instructions to return the merchandise in the original box.
Once the returned product has been inspected to verify compliance with the requirements of section c) below, and in the event that the user decides not to exchange the product, DELICARAMELUM will refund the user the amount paid for the product.
- b) Return of defective products
In the event that the user considers that the product does not meet the product specifications, the user should immediately contact the TIQÜE brand at the email address firstname.lastname@example.org with the details of the product and the defect and specifying whether you choose to return the product or exchange it for an identical product.
The user can return the products in the place where they were delivered to a courier that will be sent by DELICARAMELUM or return the product using their own means. Once the returned product has been inspected, DELICARAMELUM will send, within a reasonable time, an email informing the user if the product will be refunded or replaced (the «refund or exchange decision»). In that case, the product will be refunded or exchanged as soon as possible and in any case within 14 days from the date the refund or exchange decision was sent.
In case of return or change of a defective product, DELICARAMELUM will fully refund the price of the product to the user, including shipping costs.
- c) Common provisions for returns
The user must comply with the following requirements to exercise the right of withdrawal and to make returns and exchanges of products:
(i) To organize the collection of the product, the user must first contact DELICARAMELUM by email at the following address: email@example.com;
(ii) The user can demonstrate his right of withdrawal in any way permitted by law; said right will be considered, in any case, validly exercised when returning the product;
(iii) The product must be returned in the same conditions in which it was received. DELICARAMELUM will not refund any amount if the product has been damaged, so the user must be careful with the product while it is in their possession; AND
(iv) The refund will be made by using the same form of payment that is used to pay for the product.
- USE OF THE WEBSITE
- INTELLECTUAL PROPERTY
All the information contained in the website, including its graphic design and source code, is protected by copyright and other rights contained in Royal Legislative Decree 1/1996, of April 12, which approves the intellectual property consolidated law and other rules governing intellectual property.
These rights belong exclusively to DELICARAMELUM, and as such any reproduction, distribution, transformation or public communication is expressly prohibited, as well as any transfer of all or part of the contents of the website, and in general any act of exploitation of all or part of the contents (images, text, design, indexes, forms, etc.), as well as the databases and software necessary for the visualization or operation of the same and any object that under current legislation is subject to protection by Part of Intellectual Property Regulations.
Users cannot, under any circumstances, commercially exploit or use, directly or indirectly, in whole or in part, any content on the website without the prior written consent of DELICARAMELUM.
Authorization to use any content on the website can be requested by writing to the email address firstname.lastname@example.org. The provisions of the preceding paragraphs will not mean in any case that DELICARAMELUM assumes any responsibility for the content, and will not entitle users or third parties to any compensation.
- INDUSTRIAL PROPERTY
The trademarks, trade names, signs, names, logos, slogans or any distinctive sign displayed on the website belonging to DELICARAMELUM, and very specifically, the word «TIQÜE» may not be used without the prior written consent of DELICARAMELUM.
- LINKS TO THIRD PARTY WEBSITES
The links contained in the website, referring to advertising or other types of content, and whose ownership or responsibility corresponds to third parties that are not DELICARAMELUM, are not the responsibility of DELICARAMELUM, which in no case undertake to monitor or approve the services, content, data, files, products and other materials on the web page or web pages of third parties. Therefore, DELICARAMELUM will not be in any case responsible for the legality of the content of said page (s), and the third party is solely responsible for all matters related to the content of that link, in particular for compliance with the provisions applicable law, morality, good customs and public policies. The existence of links does not imply any relationship between DELICARAMELUM and the owner of the website to which the link is directed.
DELICARAMELUM declines all responsibility for:
(i) The operation of the website, including cases of force majeure and any other case beyond the control of the TIQÜE brand, which is not fully operational, or possibly lacks the minimum functionality to manage the corresponding service.
(ii) Any security error or deficiency that may arise from the use, by users, of an obsolete browser or an insecure version, as well as the activation of the devices for keeping passwords or registered user identification codes in the browser or damages, errors or inaccuracies that may result from a malfunction.
(iii) For any direct or indirect damage that may be caused by the information transmitted or communicated on the website or in any electronic communication, including, without limitation, technical or human errors in the published data.
(iv) Damages, including, but not limited to, direct, indirect, incidental or consequential damages, losses or expenses arising in connection with this website or the use of this website or the inability to use the website by any party, or in connection with any performance failure, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.
The user will be responsible for all damages caused by illegal or fraudulent acts, as well as for the damages caused to DELICARAMELUM or its users as a direct or indirect consequence of a breach by the user of these conditions of use. DELICARAMELUM reserves the right to carry out any action to which it may be entitled before the competent agencies or courts.
Although it uses its best efforts, DELICARAMELUM cannot guarantee the access of the users and the continuous and uninterrupted use of the website.
- CONTACT AND WRITTEN COMMUNICATIONS
For any query or problem regarding orders, the user will contact DELICARAMELUM by email at the following address: email@example.com.
- APPLICABLE LEGISLATION AND JURISDICTION
The operation and use of the website and these conditions of use are governed by Spanish law. To the extent permitted by law, DELICARAMELUM and the user, expressly renouncing any other jurisdiction to which they may be entitled, hereby agree to submit to the jurisdiction of the courts of Spain.