Shipping policy
2. PRODUCT PURCHASE
3.1. How to buy Products
In order to order Products, the User must follow the purchasing procedure set out on the Web Site, read and accept the Terms of Use and select “Checkout” (the “Order”). Then TUCCA will email the User to confirm that the Order has been accepted (the “Order Confirmation”). The contract between the User and TUCCA will be definitely formalized once TUCCA sends the User an Order Confirmation. Only those products listed in the Order will be covered by the contract.
3.2. Availability of Products
All Orders are subject to availability of Products. In the event that, once the Order Confirmation is sent, TUCCA cannot provide the requested Product for any reason, it will contact the User as soon as possible in order to report this circumstance. In this case, TUCCA may:
a) offer the User, with no increase in price, a product of similar characteristics and features to the one originally requested, provided they are consistent with the needs of the User; and/or
b) offer the User to cancel the requested Order, refunding the amount paid within (14) business days.
3.3 Refusal to process an Order
Although TUCCA will always endeavour to process all Orders, there may be exceptional circumstances in which it may be forced to refuse to process an Order after having sent the Order Confirmation, and TUCCA reserves the right to do this at any time at its sole discretion.
Tucca reserves the right to withdraw any Product from the Web Site at any time and to remove or modify any materials or content, and shall not be liable to the User or to any third party as a result of withdrawing any Product from the Web Site, regardless of whether said Product has been sold or not, or as a result of removing or modifying any materials or content on the Web Site.
3.4 Product Warranty
All Products contained on the Web Site are original TUCCA products. All Products have a 2-year warranty in accordance with the criteria and conditions described in Legislative Royal Decree 1/2007, of 16 November, approving the consolidated General Act on Consumer and User Protection and other complementary laws.
The Products shall be deemed comply with the Terms of Use provided that they meet all of the requirements set forth below:
a) They adhere to the description given by TUCCA and possess the qualities of the Product that TUCCA has presented to the User as a sample or model.
b) They are suitable for the uses normally given to Products of the same type.
c) They are suitable for any particular purpose required by the User when this has been reported to TUCCA, provided that TUCCA has accepted that the product is suitable for such use.
d) They have the usual quality and performance of a product of the same type that may be expected by the User, given the nature of the item.
In the event of proven Product nonconformity with the required specifications, TUCCA shall where appropriate, repair, replace, reduce the price or terminate the contract, at no cost for the User.
TUCCA shall not be liable for damage to the Products that may result from misuse thereof or from actions or omissions of the User that do not conform to the specifications of each Product, or for damage caused by third parties not related to TUCCA.
TUCCA puts great care in the presentation and description of the Products. However, the photographs of the products are presented by way of illustration. For information on the precise characteristics of each Product, the User must check the description accompanying each Product.
3.5. Delivery of Products
Once the Order Confirmation is sent, the Products will be delivered to the address specified by the User when making the Order.
TUCCA assumes no liability where the Product is not delivered due to the fact that the data provided by the User is false, inaccurate or incomplete or if delivery cannot be completed through no fault of the shipping company used for this purpose, like the absence of User or the retention of the Product by Customs.
Delivery times variates depending on the address specified by the User when making the Order, and on the different post options that are offered to the User.
Delivery times are approximate, although TUCCA tries to meet them
Delivery costs include transport and L.O.T.T. insurance. Customs charges 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 recipient shall be required to pay all import costs and custom duties at the destination, regardless of whether or not the merchandise is accepted.
The goods will be dispatched in the shortest time possible; however, the recipient should take into account the import procedures of the destination country, for which TUCCA cannot be held responsible. Neither shall TUCCA accept any liability for delays caused by strikes, armed conflicts or other circumstances beyond its control.
TUCCA does not accept any liability 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 the Products
The prices applicable to each Product will be those published on the Web Site on the date on which the Order is placed by the User. Although TUCCA tries to ensure that all prices listed on the Web Site are accurate, errors may occur. In the event that TUCCA discovers 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/her the option of reconfirming the order at the correct price or cancelling it. If TUCCA fails to contact the User, the order will be considered cancelled and the User shall be fully refunded any amounts paid.
TUCCA shall not be required 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 unmistakeable and could be reasonably recognized by the User as an incorrect price.
The prices may change at any time. However, any changes will not affect the Products with respect to which TUCCA has already sent an Order Confirmation.
a) Form of payment
Users may pay by credit card or Visa debit, Visa Electron, MasterCard, American Express or PayPal. To minimize the risk of unauthorized access, the User's credit card details will be coded. Both if the payment is made by credit or debit card or through PayPal, the charge will be made at the time when TUCCA sends the Order Confirmation to the User.
b) Value Added Tax (VAT)
The VAT rate will be the legally applicable rate at each time depending on the particular product.