Terms and conditions of sale
CUSCUSIANS' TERMS OF USE AND TERMS OF ENGAGEMENT
Welcome to our web site. These conditions regulate the relationship between Cuscusian*s - CoCreable SL and its users, as well as establish the conditions of use and terms of contract.
We recommend a careful reading of them since the use of our services implies the acceptance of them, if you do not agree or have doubts please do not use our services. You can contact us by sending us an email to [email protected]
1.OBJECT
1.1. Identification of the service holder
In compliance with Article 10 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, the owner of the website is the company CoCreable SL, with NIF B55188684, domiciled in GIRONA, C/ Sant Grau nº 12 and registered in the Companies Register of Girona, Volume 2954, Folio 176, Sheet GI55902, with e-mail address [email protected]
1.2. Acceptance of terms and conditions
This document constitutes an agreement between the service provider, CoCreable SL and the undersigned User, who may also be referred to as Client throughout these terms and conditions and the terms and conditions of this agreement, (including the Privacy Policy) this document, as well as any other document attached hereto, notice, addendum, amendment and/or modification, constitute the terms and conditions of this agreement.
The agreement refers as Users or Customers to those who use our services and purchase our products through the http://cuscusians.com website.
The use of the account and/or the purchase of our products are subject to the privacy and security policy, which reflects how we collect, use, disclose and manage all information provided by the User.
By accessing and using the User account or any other service offered, the User understands, accepts and agrees to be bound by the terms and conditions of this agreement, as well as understands and accepts the privacy policy published by CoCreable SL.
If you do not agree with the content of the terms and conditions of this agreement, please do not use our services.
By accepting the terms and conditions of this agreement, the User agrees that:
You have the legal capacity to contract, accepting that this agreement legally binds both parties.
The validity of this Agreement shall remain in force and effect even if any of the clauses and/or provisions of the contract are declared not in accordance with the law or declared unenforceable.
1.3 Validity and modifications of service conditions
These terms and conditions have been drafted on 27/01/2021 and will be effective immediately upon their publication on our website.
CoCreable SL may modify these Terms and Conditions without prior notice and at any time and in accordance with current legislation, including economic conditions, whether for legal, technical, operational, economic, service or market reasons or as a result of the organization or needs of the service, as well as those modifications aimed at adapting these terms and conditions to fluctuations in our business activity, or to market variations. In these cases we will inform you of these modifications so that you accept them and continue as a user of our website.
Language of the original Agreement
This Agreement has been prepared and drafted according to the Spanish language criteria. Any translation of this document may contain errors of interpretation. In the event of any discrepancy, the definitions and interpretations of the originally drafted document shall prevail.
2.SERVICES OF COCREABLE SL
In http://cuscusian s.com we offer you creative games, stories and original, fun, socially and environmentally responsible objects, although our website can be consulted by people over 14 years old, the on-line purchase can only be used by people over 18 years old, i.e. 18 years old, and with legal capacity to bind themselves.
CHARACTERISTICS OF THE SERVICES. FUNCTIONALITIES.
3.1. Access to and use of our services
To access our services and be able to purchase our products you must register and become a registered user; to do this you must fill out the online form in which we will ask you for your name, surname, email address and password. The password is private, is protected by encryption and will not be shared with third parties, except with your express authorization.
The password is unique, non-transferable and confidential. As a registered user, you must use it correctly and ensure its integrity, exonerating CoCreable SL from any responsibility for its improper use. In the event of any incident you may have, please contact us as soon as possible by sending an e-mail to [email protected]
Electronic communications
By registering and obtaining the status of registered User, the User agrees to receive all notices and information about our Services and other offers electronically. These electronic communications may be published in the registered User's account and/or sent to the e-mail address provided.
CoCreable SL shall consider communications in electronic format to have been duly notified within 5 days of publication or dissemination, regardless of whether said communication has been read by the User.
The consent to receive notifications in electronic format will be valid until the termination of the contractual relationship.
It is the User's responsibility to provide real data that will allow CoCreable SL to adequately provide the contracted service, as well as to keep them updated for this purpose. Specifically for proper communication with the User; e-mail and other contact information provided in the User's initial registration.
CoCreable SL reserves the right to terminate or change the terms and conditions under which electronic communications are provided, which will be duly notified in accordance with applicable law.
CoCreable SL will receive any comments, complaints and/or suggestions from Users confidentially at the following email address [email protected]
3.3. Pricing
The prices of our products include the corresponding taxes and will be those in force at the time of the purchase. Any error or mistake on our part in relation to the determination of the price, will be immediately corrected and will result in the cancellation of your purchase and the consequent order, refunding the amount you have paid for it, within a maximum period of 7 working days; the amounts will be refunded preferably in the same way as they have been paid by the customer, provided that the order has not yet been sent to you and informing you of this circumstance as soon as possible, not giving rise to any compensation on our part.
Likewise, CoCreable SL guarantees the existence of all products offered on our website on a specific day and time, in case of unavailability of the same, the Customer will be informed in a timely manner.
3.4. Purchasing process
To purchase our product you must register as a registered user. To do this you must fill in the online form in which you must include your name and surname, postal and e-mail address, NIF and password. Once you obtain this condition you will be able to process your order.
The password is unique, non-transferable and confidential. As a registered User, you must use it correctly and ensure its integrity, exonerating CoCreable SL from any responsibility for its improper use.
In the event of any incident, the User will be contacted as soon as possible by sending an email to [email protected]
CoCreable SL reserves the right to modify or temporarily interrupt access to the User account or part of it, or any Service, with or without prior notice, when it considers that a negligent or guilty use of the same is being made. This situation will be duly communicated to the interested party.
First of all, you must select the desired product, and check that it really is what you are looking for, pay special attention to the product description and its size. The price of the product is indicated in euros and includes Value Added Tax (VAT), select "add to cart" and customize your purchase by choosing the quantity you want to buy and if necessary, adding instructions to the seller in the space that we have expressly enabled for it. Then you only have to choose what type of shipping you prefer, and the method of payment (card, PayPal or bank transfer).
3.5. Shipping costs
When you make the purchase you will see the shipping options available with the corresponding costs for you to choose yourself. You can also stop by our warehouse in Girona to pick it up.
If you place your order during the weekend or on a holiday, it will be processed the next business day.
Once you have selected the shipping costs, they will be added to the amount of your purchase and we will indicate the total amount to be paid. At that moment you will be able to choose between paying by credit card, PayPal or bank transfer. If you pay by bank transfer, we will not proceed to process the shipment until we receive proof of payment. If after 10 days, counting from the day you have placed the order, we have not received proof of payment, we will proceed to cancel your order.
3.6. Confirmation of the order and issuance of invoice
Once we have received the amount corresponding to your purchase including the shipping costs specified before making the payment, we will send you the confirmation of your order to the email address that you have informed us, and we will start to process it in the terms informed. Once the purchase is confirmed, we will not be able to modify any aspect of it, including the shipping address previously confirmed by you. However, in case of any urgent and unforeseen modification you can send us an email to. [email protected] and we will try to solve it in the best possible way. Any cost that this procedure may cause will be at your expense.
3.7. Cancellation of the order
Yes, you can cancel an order. To do so, you must send us an email to. [email protected] indicating "cancellation" in the subject line. If we have not yet sent the order to Correos, the cancellation will be free, but if the order has already been delivered to Correos, the cancellation will have a cost for you of 6 euros for shipments to Spain and 15 euros for international shipments, amount that will be deducted from the amount you have paid us, proceeding to refund you the difference (amount paid -6 euros or -15 euros). In both cases the refund will be made preferably using the same system that you have used and in any case you will be duly informed.
4.-SHIPMENT AND TRACKING OF THE ORDER
CoCreable SL ships its products to:
-Spain, except the territories of Ceuta, Melilla and the Canary Islands.
-CEE countries
It offers 2 delivery systems:
4.1. Delivery at a delivery point: At our Girona store free of charge.
4.2. Delivery at the address informed at the time of ordering by the customer. At the time of delivery you must identify yourself and sign the delivery note that will certify receipt of the order.
If you are not at home at the time of delivery, the post office will leave a notice with instructions to follow from this moment. You will be able to contact the corresponding transport agency to arrange a second delivery or to pick it up. If this could not be, the order will be available at the destination agency, which will look for a solution, and if it does not get it within 10 working days from the day of the first delivery attempt, the package will be returned to its origin.
5. RETURNS OF DEFECTIVE PRODUCTS
Our products are fragile, so we try to ensure that the packaging process is carefully elaborated. The package is prepared and packed according to the rules of recognized courier agencies. If you notice any damage or you are not satisfied with the package received, you should note it on the delivery note and send us a copy of it to the following e-mail address [email protected] as soon as possible and always within 48 hours from the day of receipt, without prejudice to the right of withdrawal that we explain below.
RIGHT OF WITHDRAWAL
The customer has a period of 14 calendar days to exercise the right of withdrawal, provided you have not opened and unsealed the package. The computation of this period shall start from the day following receipt thereof. If you have decided to cancel the purchase of our products you must inform us, within the same period, by sending an email to. [email protected] In this email you must attach a copy of the delivery note or purchase invoice, as well as a telephone number or email to contact you.
You will be responsible for the cost of returning the order.
The right of withdrawal shall not apply in those cases in which any of the exceptions contained in Article 103 of Royal Legislative Decree 1/2007 of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
Procedure for exercising the right of withdrawal:
Once we receive the email in which you express your desire of withdrawal, we will contact you within a maximum period of 72 hours to manage the return. Once we have received the product, along with the delivery note and verified that it is in perfect condition, we will proceed to pay the amounts received, including shipping costs if you paid them, in the same way they were paid, within a maximum period of 11 calendar days.
7.GENERAL CONSIDERATIONS OF THE COSTS OF RETURNING THE PRODUCT.
The procedure for returning defective products and exercising the right of withdrawal is described in points 5 and 6 of these General Terms and Conditions. Remember that whenever you want to make a return, expect to receive a response from us before proceeding with the shipment.
Please note that the cost of returning the product will always be at your expense, except in the case of a defective product, which will be at our expense because it is understood that they are a further manifestation of the product warranty, which is 2 years.
You will be reimbursed the amounts you have accurately and effectively paid, including shipping costs where applicable, preferably using the same payment method you used to make the purchase.
Likewise, we must receive the products in the same conditions in which you received them and with optimal packaging for their safety (if possible keep their original packaging).
Return tracking must be done using the order number.
Returns should be sent to:
CoCreable SL (CUSCUSIANS)
C/ Sant Grau 12
17003 GIRONA
8. RULES OF USE OF OUR WEB SITE
Users in general must use our platform in accordance with these terms of use, good contractual faith and current legislation.
Users must use our website in accordance with the purposes for which it was created, refraining from carrying out any type of illegal activity, constituting a crime or misdemeanor, or that infringes the rights of third parties or violates any rule of law. Specifically and purely enumerative and not exhaustive, users undertake to :
8.1. Not to introduce and/or disseminate, maliciously or culpably, contents, in any medium, or comments of a racist nature, that affect minors, xenophobic, or pornographic, or that constitute an apology of terrorism, or that attempt or may attempt against the dignity of human beings and their inherent rights.
8.2. Not to introduce and/or disseminate, maliciously or culpably, any type of information or content in any medium that violates the fundamental rights and public freedoms recognized by the Spanish legal system and the rules of international law.
8.3. Do not introduce and/or make available to third parties, fraudulently or culpably, any type of information in any medium that constitutes or may constitute unfair or unlawful advertising.
8.4. Not to disseminate, transmit, maliciously or culpably, unsolicited or unauthorized advertising, advertising material, "spam" or "junk mail", chain letters, pyramid structures, and in general anything that deviates from the purpose of the Platform.
8.5. Not to introduce or disseminate, maliciously or culpably, any information or content through any medium that is false, misleading, ambiguous, inaccurate or likely to mislead.
8.6. Not to impersonate other users in the use of our Platform, and to keep with due diligence the password to access it.
8.7. Not to disseminate, transmit or make available to third parties any type of information, element or content without the authorization of the holders of the intellectual or industrial property rights thereof.
8.8. Not to disseminate, transmit or make available to third parties any type of information, element that involves a violation of the secrecy of communications and the regulations on Personal Data Protection.
Users expressly exonerate CoCreable SL from any liability for any claim, fine, penalty or sanction that may be imposed as a result of non-compliance by the user with any of the above rules of use.
CoCreable SL reserves the right to exercise any action in defense and claim of their rights, including the right to seek compensation for any damages caused or likely to be caused.
CoCreable SL cannot guarantee that its website and services will always be available and that access will not be interrupted. Internet is not a one hundred percent secure network and it is under the responsibility of users to keep their equipment safe and in good working condition, free of viruses through the use of the corresponding software.
9. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
9.1. All content displayed on the Platform and, in particular, designs, texts, images, logos, icons, buttons, software, source codes, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to and protected by intellectual and industrial property rights owned by CoCreable SL or have been transferred to it for exploitation by their legitimate owners. This assignment also includes promotional services and will remain in force as long as you are registered on our website.
9.2. Users of our website may use the contents published on it on a non-exclusive basis, only for their private use, for the sole purpose of enjoying the services offered by our Platform in accordance with these conditions.
9.3 If you are aware of the existence of any illicit or illegal content, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, you must inform us as soon as possible by sending us an email to [email protected] so that we can take the appropriate measures.
CoCreable SL is not responsible for the use that users and third parties may make of the content of our website. Commercial use of the content is not permitted, nor is it permitted to copy, store, download, distribute, publish, send, transform, decompile the content or any part of it, or make any use of means or procedures other than those made available to you on the Platform to use the content in a manner other than that authorized by CoCreable SL.
9.5. References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by CoCreable SL or authorized third parties, may not be used without the corresponding authorization of their legitimate owner. Unless otherwise provided, access to the services and content of our Platform does not grant the user any rights over the trademarks, logos and distinctive signs included therein, which are protected by law.
9.EXTERNAL LINKS (LINKS)
9.1. The platform may contain links to other websites over which CoCreable SL has no control and for which it has no responsibility. Users are advised to review the specific and particular legal notices of such websites and ensure that they have understood and accepted them before entering into any contractual obligation.
9.2. If as a user of our platform you detect that any of these links violate the law, or contain any type of illegal activity, please let us know as soon as possible by sending an email to [email protected]
10. ADVERTISING
CoCreable SL reserves the right to display advertising on the Platform. This advertising may be displayed in the form of an advertising BANNER in its "Blog" section or interspersed among the user ads therein. In any case, we undertake to do so in a non-invasive manner and according to the design of the interface of the devices in order to impair the user experience of our platform.
11. PRIVACY POLICY
In order to use our website it is necessary that you read our Privacy Policy(www.cuscusians.com ) and consent to the processing of your data by validating the corresponding box.
12. VALIDITY AND MODIFICATIONS OF THE TERMS OF SERVICE
These terms and conditions have been drafted on 217/01/2021 and will be effective immediately upon their publication on our Platform.
CoCreable SL may modify these Conditions, including the economic conditions, without prior notice and at any time and in accordance with current legislation, either for legal, technical, operational, economic, service or market reasons or as a result of the organization or needs of the service, including those modifications aimed at adapting these conditions to fluctuations in our business activity, or to market variations.
CoCreable SL will conveniently inform you of these modifications so that you can accept them and continue as a user of our platform. If you do not agree with the proposed modifications, you may terminate the contract without any penalty for this reason, but you must inform us before the entry into force of these modifications, otherwise, once they enter into force, it will be understood that you accept these modified conditions.
13.ARBITRATION IN DISPUTE RESOLUTION
CoCreable SL preferentially opts for arbitration as an alternative mechanism to the Courts in the resolution of conflicts between the contracting parties. Therefore, the User accepts the submission, in preference to any judicial action, of any conflict arising from this agreement to an arbitration procedure for final resolution through these extrajudicial procedures.
Users undertake to comply with the arbitration award resulting from the proceedings without delay.
The User understands and accepts the present clause, which shall be considered for all purposes as an arbitration agreement in accordance with art. 9 of Law 60/2003, of December 23, 2003, on Arbitration.
To this effect, for the resolution of any conflict or litigious matter arising from this agreement or legal act, including those arising therefrom, as well as its validity, the parties agree to submit to the institutional arbitration of the Arbitration Court of Barcelona, of the Catalan Association for Arbitration (TAB), -whatever its future name may be- to whom the appointment of the arbitrator or arbitrators and the administration of the arbitration is entrusted in accordance with its Regulations in force at the beginning of the arbitration.
14. APPLICABLE LAW AND GOVERNING JURISDICTION
The present conditions shall be interpreted and submitted to the Spanish legal system in general and to the Autonomous Community of Catalonia in particular, with both parties submitting to the Courts and Tribunals of the city of Girona, expressly waiving any other jurisdiction that may correspond to them.
2021.CoCreable SL.