In compliance with article 10 of the Information Society and Electronic Commerce Services Act 34/2002, of July 11, the following identification details are given for the owner of the Web Site: Germán Serrano Martínez, NIF 53279567K with registered address in Madrid, calle Madera 44, Escalera 1, 2ºD. C.P. 28004 and email contact firstname.lastname@example.org.
1. OBJECT OF THE CONTRACT
2. PRODUCT PURCHASE
3.1. How to buy Products
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.
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.
3.6 Delivery costs
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.
4. RETURN AND EXCHANGE POLICY
4.1 Right of withdrawal
Under applicable regulations, in the event that the User is contracting as a consumer, s/he may cancel the contract (except for the cases established by law) and freely return or change the delivered Products at any time within fourteen (14) calendar days from the date of delivery (the “Withdrawal Period”).
In case the User want to enforce such right, s/he shall contact TUCCA at the e-mail address email@example.com to manage the return/exchange.
The User will be able to return and be refunded with the total amount of the purchase or exchange the Product for one of a different model. The User should notify Tucca team the orther that must be refunded and Tucca will take care of shipping costs and pciking up the returned goods.
Once the returned Product has been inspected to verify compliance with the requirements of section c) below, and in the case that the User decides not to exchange the Product, TUCCA shall refund the User the amount paid for Product (excluding shipping expenses)
4.2 Return of defective Products
In the event that the User considers that the Product does not conform to the Product’s specifications, the User shall immediately contact TUCCA at the e-mail address firstname.lastname@example.org with details of the Product and the defect and specifying whether s/he chooses to return the Product or to exchange it for an identical Product.
The User may return the Products at the place where they were delivered to a courier which will be sent by TUCCA or return the Product using his or her own means. Once the returned product has been inspected, TUCCA will send within a reasonable time, an email informing the User whether 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 event within fourteen (14) days following the date on which the Refund or Exchange Decision was sent.
In the event of a refund or exchange of a Product, TUCCA shall fully refund the price of the Product to the User, including shipping expenses.
4.3 Common provisions for returns
The User shall comply with the following requirements to exercise the right of withdrawal and to make returns and exchanges of Products:
a) To arrange collection of the Product, the User must first contact TUCCA by email at the following address: email@example.com;
b) The User may evidence his or her right of withdrawal in any manner permitted by law; such right shall in any case be deemed to have been validly exercised by returning the Product;
c) The Product must be returned in the same condition in which it was received. TUCCA shall not refund any amount if the product has been damaged, so the User must be careful with the Product while in his or her possession; and
d) The refund will be made by using the same form of payment as used to pay for the Product.
5. USE OF THE WEBSITE
6. INTELLECTUAL PROPERTY
All information contained on the Web Site, including its graphic design and source code, are protected by copyright and other rights contained in Legislative Royal Decree 1/1996, of 12 April, approving the Consolidated Intellectual Property Act and other rules governing intellectual property.
These rights belong exclusively to TUCCA, 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 Web Site, 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 the functioning thereof and any object that under current legislation is protectable by intellectual property regulations.
The Users may not under any circumstances commercially exploit or use, directly or indirectly, in whole or in part, any content of the Web Site without the prior written consent of TUCCA.
The authorization for the use of any content of the Web Site can be requested by writing to the e-mail address firstname.lastname@example.org. The provisions of the preceding paragraphs will not under any circumstances mean that TUCCA assumes any liability for the content, and shall not entitle the Users or any third parties to any compensation.
7. INDUSTRIAL PROPERTY
The trademarks, trade names, signs, names, logos, slogans or any kind of distinctive sign displayed on the Web Site belonging to TUCCA, and very specifically, the word “Tucca” may not be used without the prior written consent of TUCCA.
The invention of TUCCA is registered and protected as “Community Model” nº4662252 and “Utility Model” nº201730019. This registration and protection takes place in a national and international level by the “Brands and Patent Spanish Office” and de “European Union Intellectual Property Office”.
8. LINKS TO THIRD PARTY WEBSITES
The links contained in the Web Site, referring to publicity or other types of content, and whose ownership or responsibility corresponds to third parties other than TUCCA, are not the responsibility of TUCCA, which shall under no circumstances undertake to monitor or approve the services, content, data, files, products and other material on the third party webpage or webpages. Therefore, TUCCA shall not under any circumstances be liable for the lawfulness of the content of such webpage(s), and the third party is exclusively responsible for all matters concerning the content of that link, particularly for compliance with applicable law, morality, good customs and public policy. The existence of links does not imply any relationship between TUCCA and the owner of the website to which the link is directed.
TUCCA disclaims all liability for:
9.1 The functioning of the Web Site, including cases of force majeure and any other cases beyond TUCCA‘s control, which is not fully operational, or possibly lacks the minimum functionality for managing the relevant service.
9.2 Any errors or security deficiencies that may arise from the use, by the Users, of an outdated browser or insecure version, as well as the activation of password or identification code conservation devices of the User recorded in the browser or for the damage, errors or inaccuracies that may result from any malfunction.
9.3 For any direct or indirect damages that may be caused by the information transmitted or communicated on the Web Site or in any electronic communications, including without limitation technical or human errors in the published data.
9.4 Damage, including but not limited to damage, loss or direct, indirect, incidental or consequential expenses arising in connection with this Web Site or the use of this Web Site or inability to use the Web Site by any party, or in connection with any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.
Although it uses its best efforts, TUCCA cannot guarantee the Users access and continuous and uninterrupted use of the Web Site.
11. CONTACT AND WRITTEN COMMUNICATIONS
For any query or issue in connection with the Orders, the User shall contact TUCCA by email at the following address: email@example.com.
12. APPLICABLE LAW AND JURISDICTION