TERMS OF SERVICE
These Terms may change from time to time. It is your responsibility to read them periodically, as those in force at the time you place your order or, in the absence of such orders, those in force at the time you use the website will be the ones applicable to you.
If you have any questions regarding the Terms and Conditions or the Data Protection Policy, please contact us at firstname.lastname@example.org.
The sale of articles through this website is carried out under the name COUPLE&PIE by COUPLE&PIE S.L., a Spanish company with registered office at Calle Guadalaviar, 9 bajo derecha 46009 Valencia and VAT number B-98889587 with telephone number 96 1136635 and e-mail address email@example.com.
YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide about yourself will be treated in accordance with the provisions of the Data Protection Policy. By using this website you consent to the processing of such information and data and declare that all information or data you provide is true and accurate.
USE OF OUR WEBSITE
By using this website and placing orders through this website you agree to:
To use this website only to make legally valid enquiries or orders.
Not to place any false or fraudulent orders. If we reasonably believe that such an order has been placed we will be entitled to cancel it and inform the relevant authorities.
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 a contract.
The articles offered on this website are only available for delivery to Spain, the European Union and the United States at the moment.
HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on "Authorise payment". You will then receive an email acknowledging receipt of your order (the "Order Confirmation").
TECHNICAL MEANS OF CORRECTING ERRORS
In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service via the e-mail address firstname.lastname@example.org.
This website displays confirmation windows in various sections of the purchase process. This website also provides details of all the items that you have added to your basket during the purchase process, so that you can modify the details of your order before making the payment.
If you detect an error in your order after the payment process has been completed, you should immediately contact our customer service department at the aforementioned email address to rectify the error.
All orders are subject to product availability. In the event of difficulties in the supply of products or if items are out of stock, we will refund any amount you may have paid.
Unless there are circumstances arising from the customisation of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) listed on each Dispatch Confirmation within the period indicated on the website according to the selected delivery method and, in any case, within a maximum of 30 days from the date of the Order Confirmation.
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 either proceeding with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid. Please note, however, that we do not deliver to your home on Saturdays or Sundays.
For the purposes of these Conditions, "delivery" or the order shall be deemed to have taken place or to have been "delivered" at the time when you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we are unable to find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to arrange for it to be re-delivered to you. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
If, 15 days after your order has been available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, we will refund to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of standard delivery offered by us) without undue delay and in any event not later than 14 days from the date on which we consider the contract to be terminated. Please note that carriage arising from the termination may incur additional costs and we shall be entitled to charge you for these costs.
TRANSFER OF RISK AND OWNERSHIP
The risks of the goods shall pass to you upon delivery.
You will acquire ownership of the goods when we receive full payment of all amounts due in respect of the goods, including delivery charges, or at the time of delivery.
PRICE AND PAYMENT
The prices on the website include VAT and shipping costs, plus shipping costs within the Iberian Peninsula and shipping costs outside the Iberian Peninsula.
Prices may change at any time, but (except as set out 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 have been added to your basket and the next step is to process your order and make payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you will be able to modify the details of your order.
You can use Visa, Mastercard and PayPal as payment methods.
By clicking on "Place order" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or subscription card.
To minimise the risk of unauthorised access, your credit card details will be encrypted. Credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and 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 shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. Likewise, for orders destined for other EU countries, deliveries will be understood to be located in the TAI as long as the company does not exceed the established quantitative limits. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
For orders destined for the Canary Islands, Ceuta and Melilla and deliveries to non-EU countries, deliveries will be exempt from VAT in accordance with the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. You expressly authorise us to issue the invoice in electronic format, although you may at any time indicate your wish to receive a paper invoice, in which case we will issue and send the invoice in this format.
14.1 Legal right to withdraw from a purchase
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within 90 calendar days without giving any reason. The withdrawal period will expire 90 calendar days from the day on which 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 making up your order are delivered separately, 90 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods. To exercise the right of withdrawal, you must notify COUPLE&PIE, at the address, calle Guadalaviar 9, bajo derecha 46009 Valencia, by writing to us at email@example.com, of your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or e-mail). You may use the model withdrawal form attached as an Annex to these Conditions, although its use is not obligatory.
In order to meet the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.
Your right to withdraw from the contract shall apply exclusively to those products that are returned in the same condition in which you received them. No refund will be given if the product has been used beyond the mere opening of the product, products that are not in the same condition in which they were delivered or have suffered any damage, so you should be careful with the product(s) while they are in your possession. Please return the item(s) using or including all original packaging, instructions and any accompanying documents.
Returns may be made by courier/courier by dropping the parcel off at your local post office. We will provide you with a shipping label for this purpose at no extra cost to you.
Returns via courier/courier.
You should contact us by email at firstname.lastname@example.org so that we can arrange collection. You must return the goods in the same package you received them in, following the instructions we will give you by post.
In the event that you do not wish to return the goods via one of the free options available, you will be responsible for the return costs. Please note that if you choose to return the goods to us carriage paid we will be entitled to charge you for any costs we may incur.
After examining the item we will let you know whether you are entitled to a refund. Reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal deadline and all the items making up the order in question are returned. The reimbursement will be made as soon as possible and in any case within 14 days from the date on which you informed us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first. The refund will be made to the same account you used to place the order. If you have any questions, you can contact us via our email address email@example.com.
Consequences of withdrawal
In the event of withdrawal on your part, we will refund the payments received from you, excluding delivery charges, without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to effect such reimbursement. You will not incur any costs as a result of the reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back, or until you have provided proof of return of the goods, whichever is the earliest.
You must return or deliver the goods directly to us by emailing us at firstname.lastname@example.org and requesting the return by courier/courier, without undue delay and in any event not later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before this period has expired.
You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
14.2 Change of size
In cases where you consider that the size of the product purchased does not meet your needs, and without prejudice to your legal right of withdrawal, you may request an exchange of size by contacting us by email at email@example.com . This may be for another product of the same price as the first product purchased. To make changes for products of a different amount, you will have to pay or receive the difference in cost depending on the product requested. The change will be made by returning the first pair (we will explain by email how to do it) and once we have received it in our offices, we will send you the second pair.
Once you have requested the size change and selected the delivery method from those indicated below, you must deliver the product to a post office labelling the product with a label that we will previously send you by email. You must in any event deliver the product without undue delay and in any event not later than 14 calendar days from the date of the Exchange Request on the Website.
We will send a courier/courier to your home address to deliver the new order consisting of the product whose size you have selected again, within a maximum period of 30 days from the date of receipt in our offices of the exchange sent by you. This option will not entail any additional cost for you. This new order will be governed by the provisions of the Conditions of Purchase, including the exercise of the right of withdrawal.
Remember that, once 14 days have elapsed since the Request for Exchange on the website, without you having returned the product purchased in the first place by the means that COUPLE&PIE makes available to you, we shall be authorised to charge you for the costs corresponding to the new order placed, subject to the provisions of the Conditions of Purchase.
14.4 Return of defective products
In cases where you consider that at the time of delivery the product does not conform to the contract, you should contact us immediately via our contact form providing details of the product and the damage it suffers, writing a message to firstname.lastname@example.org .
You can return the product by delivering it to a post office, labelling it with a shipping label that we will previously provide you with by email.
We will carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether we will refund or replace the product (if applicable). The refund or replacement of the item will be made as soon as possible and in any event within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
Amounts paid for products which are returned to us because of a defect or fault, where such a defect or fault actually exists, will be refunded to you in full, including the delivery charges incurred in delivering the item to you and the costs incurred by you in returning the item to us. The refund will be made to the account number you have provided to us via email.
In all cases, the rights recognised by the legislation in force shall remain unaffected.
LIABILITY AND EXEMPTION FROM LIABILITY
Except as otherwise expressly provided in these Terms and Conditions, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product.
However, unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their source:
15.1. loss of revenue or sales: ii. loss of business; iii. loss of profits or loss of contracts; iv. loss of anticipated savings; v. loss of data; and vi. loss of management time or office hours.
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 and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material 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 as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.
VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programs or material onto this website. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted 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 could lead to the commission of offences punishable by the applicable regulations. We will report any such breach to the relevant authorities and will co-operate with them to discover the identity of the attacker. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.
We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials as a result of your use of this website or your downloading of any content from or redirected to this website.
LINKS FROM OUR WEBSITE
Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability whatsoever for any loss or damage arising from your use of them.
Applicable law requires some of the information or communications we send to you to be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition shall not affect your statutory rights.
Notices from you should preferably be sent to us via our e-mail address email@example.com . We may send communications to you either by e-mail or to the postal address provided by you when placing an order.
Notifications will be deemed to have been received and properly given as soon as they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. In order to prove that the notification 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 at the post office or in a letter box 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 our respective successors, assigns and successors in title. You may not transfer, assign, encumber or otherwise transfer a contract or any of your rights or obligations under it without our prior written consent. We may transfer, assign, charge, encumber, sub-contract or otherwise transfer a contract or any of our rights or obligations under it at any time during its term. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law or otherwise void, reduce or limit any warranties, whether express or implied, that we may have given to you.
EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control ("Force Majeure Event").
Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including but not limited to the following:
22.1. Strikes, lockouts or other industrial action. b. Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. d. Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private. e. Impossibility of using public or private telecommunications systems. f. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations despite the Force Majeure Event.
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 rights or remedies to which we may be entitled under such contract or these Terms shall not constitute a waiver or limitation of such rights or remedies or relieve you from any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any contract or the Terms. No waiver by us of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.
If any of these Terms and 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 shall remain in full force and effect and shall not be affected by such declaration of nullity.
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior agreements, understandings or promises made between you and us orally or in writing.
You and we acknowledge that we have consented to enter into a contract without having relied on any statement or promise made by the other party or which could be inferred from any statement or writing in negotiations between us prior to the contract, except as expressly referred to in these Terms.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with these Conditions.
OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms at any time.
You will be bound by the policies and Terms in effect at the time you use this website or place each order, unless we are required by law or governmental action to make retroactive changes to such policies, Terms or Privacy Statement, in which case any such changes will also affect orders previously placed by you.
GOVERNING LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through our website shall be governed by the laws of Spain.
Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We welcome your comments and suggestions. Please send us such comments and suggestions, as well as any queries, complaints or claims, via our e-mail or postal address indicated in clause 2 of these Terms and Conditions.
Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within the legally established time limit.
If you as a consumer consider that your rights have been violated, you can send us your complaints via the e-mail address firstname.lastname@example.org in order to request an out-of-court settlement of disputes.
In this regard, if the purchase between you and us has been concluded online via our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to apply with us for an out-of-court settlement of consumer disputes accessible via the Internet address http://ec.europa.eu/consumers/odr/.
(you should only complete and send this form if you wish to withdraw from the contract).
For the attention of Couple&Pie S.L. acting under the trade name COUPLE&PIE, with registered office at Calle Guadalaviar 9, bajo derecha, 46009 Valencia, Spain and e-mail address email@example.com .
I hereby inform you that I withdraw from my contract of sale of the following good:
Ordered on/received on (*):
Consumer's signature (only if this form is submitted on paper)
(*) Delete where not applicable.