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GENERAL CONDITIONS OF ELECTRONIC SALES.
1. Scope of application.
The purpose of these General Conditions is the purchase of products and services carried out remotely via Internet from the Web page managed by the company.
These General Sales Conditions shall be applicable to all deliveries made by TRANSCORTANA, S.L. or on behalf of its website www.cortana.es, unless the Particular Offers establish conditions different from these.
2. Acceptance of the general conditions of sale.
2.1. The Customer, via email confirmation of his purchase order, unconditionally accepts and undertakes to comply with its relations with the online store. The general and payment conditions are those indicated in the present contract, the Customer declaring to have read and accepted all the indications given to him in the terms of the aforementioned regulations, and also taking into account that the online store itself is only bound by the conditions previously established in writing.
The sale and supply of products by TRANSCORTANA, S.L., its divisions, subsidiaries and related companies (hereinafter "CORTANA ") are subject to these general terms and conditions (the "Conditions", and the agreement between the Customer and CORTANA governed by these Conditions shall be collectively referred to as the "Agreement"), and any other different or additional conditions that may be contained in any purchase order, document or other communication (the "Order") and that modify, alter or contradict the terms of this Agreement shall not apply. No terms or conditions that are included in preprinted form in any other Customer document, such as Orders or Confirmations, shall alter or supplement the terms of this Agreement, even if CORTANA has not objected to such additional or conflicting terms.
3. Customer Obligations.
3.1. The General Conditions of Sale must be read ONLINE by Customers visiting the site and the online store before confirming their purchases. Therefore, the sending of the order confirmation implies full knowledge of these General Conditions of Sale and their full acceptance. The Customer undertakes, once the online purchase process is completed, to print and keep these General Conditions of Sale, already read and accepted during the purchase process, in order to fully comply with Spanish Law.
3.2. The Customer shall be solely responsible, exonerating CORTANA as appropriate, for damages arising from improper use, storage, conservation or handling of the Products, in particular when it has not observed the indications, warnings or instructions that CORTANA has been able to provide in this regard.
3.3. Any information on the Products (including, for example, technical or other instructions and advice, advertising indications, technical specifications, their functions, their classification for the purposes of export and import controls, their uses or their conformity with legal or other requirements) is provided by CORTANA on an "as is" basis, without CORTANA assuming any responsibility or warranty for the same. Such information is not part of the properties of the Product. CORTANA makes no representation or warranty as to the accuracy or completeness of the Product information, and ASSUMES NO LIABILITY WHATSOEVER WITH REGARD TO ANY PRODUCT INFORMATION. CORTANA recommends that Customer validate any Product information prior to any use or reliance on such information. All Product information is subject to change without notice. CORTANA also assumes no responsibility for typographical or other errors or omissions in Product information.
4. Placing an order in the virtual store
The Customer makes the purchase of the products, available as described ONLINE in the relative descriptive and technical data sheets, at the price INCLUDING VAT. Before confirming the purchase to the Customer, the unit cost of each pre-selected product or the total cost in case of purchase of more than one product will be recapitulated. When confirming the purchase, and at the end of the transaction, the Client will receive the information of the Number, the Date, the total Amount of its Order and its number or key of shipment by means of which it will be able to make its pursuit and to know at any moment the state of the same one.
5.1. The payment of the purchased products and of the expenses related to their shipment will have to be made by the Customer when sending the order confirmation by means of PayPal, credit or debit card.
5.2. If the accredited payment is not made by the financial institutions, the order shall not be considered.
5.3. In case of total or partial non-payment of the price of any order of Products, at the due date, and in application of Law 3/2004 of 29 December, which establishes measures to combat late payment in commercial transactions, Article 5, the amount due and unpaid will accrue interest for late payment without notice of maturity or any intimation by CORTANA, in addition to being for the account of the Customer the return costs that may be incurred CORTANA. In addition, CORTANA shall be entitled to suspend or cancel pending deliveries of Products to the Customer until the order for which payment is due and payable is paid, or to require prepayment of any new order.
6. Availability and delivery of products.
6.1. Our warehouse shall be considered the place of delivery for all transactions. The delivery date shall be when payment has been made or when the goods are ready for delivery/shipment.
6.2. Delivery times are approximate and a delay in delivery does not in any case contemplate a possible claim for damages. Shipments of garments from the ready-to-wear collection and Tulle collection will be delivered within approximately five (5) to ten (10) working days.
7.1. The goods shall always travel carriage paid and charged on the purchase invoice.
7.2. The Customer may not indicate the means of transport by which he/she wishes to receive the goods; the goods will be sent by the means that our company considers appropriate.
7.3. Upon departure of the order from the warehouses of CORTANA, the Customer will receive an informative e-mail with a tracking number of the carrier.
7.4. Shipping costs will vary according to weight, volume and country of shipment.
7.5. The Customer can and should consult the present shipping rate, being the Customer the only responsible, exonerating CORTANA, for any claim.
7.6 The online store of Cortana sells to the following countries:
Austria, Bulgaria, Belgium, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Jordan, Qatar, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Saudi Arabia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Arab Emirates, United Kingdom, United States.
-Depending on the country of destination, shipping costs will vary.
-Depending on the country different customs / tax charges will apply. These costs will be borne by the customer receiving the order.
-Cortana does not ship to the following areas of the European Union countries: Ceuta, Melilla or Canary Islands (Spain), Heligoland Island and the city of Büsingen (Germany), Faroe Islands and Greenland (Denmark), Aland Islands (Finland), Mount Athos (Greece), San Marino, Livigno, Campione or Lago di Lugano areas (Italy), Channel Islands and Gibraltar (United Kingdom).
8. What to do when you receive your order?
8.1. Verify receipt of shipment.
8.2. Verify that the product corresponds to the order and that there is no apparent damage. If everything is in order, accept delivery.
8.3. If the product does not correspond to the one you ordered or if it shows external damage, reject the order indicating the problem.
8.4. Send an e-mail to email@example.com within two (2) business days to indicate the problem.
9.1. The placement of an order in the store online implies acceptance by the Customer of these legal conditions. No stipulation made by the Customer may differ from those of The Store online if it has not been expressly accepted in advance and in writing by The Store. online
9.2. An order is not final until it is accepted by The Store online.
9.3. CORTANA shall not be liable for any damages caused by defects in the Products, except where it is expressly required to do so by applicable mandatory law, such as in cases of death or bodily injury. Thus, CORTANA shall not be liable for consequential damages, loss of profit, loss of production or loss of profits.
9.4. In any case, if CORTANA is obliged to assume its liability for damages suffered by the Customer, it will be limited to an amount equivalent to the amount corresponding to the order of the Product causing the damage, unless an applicable mandatory law imposes on CORTANA a higher quantitative limit.
10.1. Published prices are valid except in case of typographical error or lack of stock. The prices shown for the products INCLUDE VAT for the European Union and are exempt from VAT for the United States. Shipping costs are NOT included.
10.2. The prices are understood with the material placed in our warehouse at CORTANA, and do not include in any case taxes or transport costs. Packaging is included in the price unless expressly indicated.
10.3. CORTANA may change the selling prices of the Products at any time. The increase of the selling price will not affect those orders of Products in progress that have been previously accepted by CORTANA. In the event that the Customer places an order for Products with an incorrect price, CORTANA will communicate the correct price and, where appropriate, its acceptance of the order, provided that the Customer expressly confirms it (with the correct price) within the following two (2) days.
10.4. Prices are subject to change at any time. Prices express the value of the Products only and do not include taxes, shipping, freight or customs duties, or any other charges or costs, such as those related to special packaging and labeling of the Products, permits, certificates, declarations and customs registrations (collectively, the "Additional Costs"). The Additional Costs shall be borne by the Customer.
10.5. The prices published on this website correspond to the "euro" community currency.
10.6. Customers whose countries of residence operate with a currency other than the euro must take into account that the financial institutions in charge of the means of payment enabled by the store online will always take the equivalence for payment. If for reasons beyond the control of CORTANA this is not done and there is an exchange rate difference, then CORTANA will notify the Customer that his order will not be taken into consideration until the payment is settled 100% in euros.
11. Payment Conditions
The products and services will be paid by PayPal, or credit or debit card as long as these payment systems are implemented on the Web site, operational and accessible. In the same way online store guarantees that it will comply with European legislation when it comes to having the necessary security measures for the provision of bank details.
For the purposes of the provisions of the regulations on the protection of personal data The store online informs the User of the existence of a file of personal data of users (Customers) who enter their data on the Corporate Website created for the purpose of information, training and commercial promotion of the services of The store online. Likewise, La tienda online informs you about the possibility of exercising your right of access, rectification, cancellation and opposition of the personal data included in the aforementioned file. The store online is committed to fulfilling its obligation of secrecy of personal data and its duty to protect them, and take the necessary measures to prevent alteration, loss, treatment or unauthorized access, taking into account, in any case, the state of technology.
13.1. The store online will not ship any product until the Sales Department has verified that 100% of the payment has been made.
13.2. Delivery shall be deemed to have been made at the time when the store online has made the products available to the Customer and the Customer has accepted the delivery receipt document. It is up to the Customer to verify the products upon receipt and to expose all caveats and claims that may be justified in the email on the Web.
13.3. The delivery times are those indicated by The Store online, and The Store online endeavors to respect them. However, a delay in delivery times does not imply the cancellation of the order and does not entail the payment of any compensation. Any penalty clause for delay introduced by the Customer in his order is void.
13.4. The store online will always try to send the products by the system chosen by the store. However, in case of transport failures beyond the control of The Store online, it reserves the right to resend them by the means it deems appropriate if necessary to meet its commitments.
13.5. Delivery times are those indicated for each product, but may be subject to availability due to dates or lack of stock.
13.6. Any change in the delivery date by the Customer must be expressly accepted by CORTANA.
13.7. CORTANA reserves the right to interrupt the delivery of ordered goods, without incurring any liability whatsoever, in the event of non-payment by the Customer of any outstanding amount when due or in the event of the Customer's financial insolvency.
13.8. The delivery of the products will always be in total form of the purchase, not existing fractions due to the nature of the products, unless expressly requested by the Customer.
13.9. CORTANA will deliver the Products according to the INCOTERM terms and agreed with the Customer.
13.10. Except where other terms are stated in writing by CORTANA , all deliveries shall be CPT - INCOTERMS 2010 (Carriage Paid To). All deliveries of Products shall be CPT - INCOTERMS 2010 (Carriage Paid To - Carriage Paid To port or named place of destination), title and risk of loss shall pass to Customer upon delivery of the Products to the carrier. Any delivery date provided by CORTANA is to be understood as an estimate only, which is dependent on timely receipt of supplies. CORTANA shall not be liable for any delay in delivery. CORTANA reserves the right to make partial deliveries, in which case the Customer must accept such delivery and pay for the Products delivered. Delay in delivery of any part of an Order shall not give the Customer the right to cancel other deliveries.
14. Claims and returns
14.1. Any claim for damage to the goods must be brought to our attention within forty-eight (48) working hours in Spain following receipt of the shipment, in order to be able to proceed with the corresponding claim to the carrier.
14.2. In case of return due to an error in the shipment or for reasons attributable to CORTANA shipments will not be accepted freight collect. Our firm will take care of the corresponding steps, both to remove the wrong merchandise and for the replacement of the correct one.
14.3. Any claim for lack of shipment or error in the same will have to be notified within a maximum period of 48 working hours in Spain from the date of shipment of the material.
14.4. The Customer shall not be entitled to request a refund if he/she has not communicated the error/defect by sending an e-mail to Customer Service firstname.lastname@example.org within forty-eight (48) working hours in Spain after receipt of the order to inform us of the problem.
14.5. The products supplied by CORTANA shall be used exclusively for the uses indicated by the respective manufacturer. The Customer shall be solely responsible for the consequences that may arise from the improper use of the products supplied.
14.6. Claims for damages made by the Customer for any cause whatsoever are expressly excluded in the absence of gross negligence or wilful misconduct on the part of CORTANA.
14.7. The Customer's conformity as to the delivered quantity of Products with respect to an order in question shall be effected by signing the corresponding delivery note at the time of delivery. If the Customer does not complain about a possible defect in quantity or quality within the stipulated time after receiving the Products, CORTANA shall not be held liable.
14.8. The Customer shall examine the Products as soon as possible after receipt to verify their conformity with the type of Product ordered, and the absence of apparent or hidden defects in them. In any case, after receipt of the Products, the Customer shall have a period of fifteen (15) days to complain to CORTANA for any difference in type between the Products delivered and those ordered or for the existence of an apparent defect in them. If the Customer detects a possible internal or non-apparent defect in the Products,
14.9. In case of return, the products must be in the same condition in which they were originally delivered, new and unused, with all the labeling intact and the respective accessories.
14.10. CORTANA will not accept exchanges or returns due to mistakes made by the Customer when selecting the size or color of the product.
14.11. In cases where it is necessary to reimburse the Client, CORTANA will make the payments within a peremptory term and in the same way in which the purchase was made, using the same supplier (PayPal, Visa, MasterCard, etc.), and CORTANA is not responsible for the management times of the aforementioned suppliers.
14.12. For refunds made by CORTANA to Customers whose currency is not the euro, MUTATIS MUTANDIS shall refer to point 10.6. of these General Conditions of Electronic Sale.
14.13. The mechanics and the steps to be followed by the Customer to make the returns, are stated in the shipment confirmation email and in the delivery note as they can be modified according to the delivery service provider and the country of destination.
14.13. Return costs shall be borne by the Customer and shall be subtracted from the amount refunded upon acceptance of the return of the purchase.
15.1. CORTANA guarantees the quality and reliability of the products, ending when the goods have been modified, manipulated or disassembled, since any modification is understood to have been made under the responsibility of the Customer.
16. Final clarification
16.1. To the extent permitted by applicable laws, neither CORTANA nor its employees or agents shall be liable, and the Customer shall not be entitled to claim, for any indirect, special, incidental or consequential damages, nor for any consequential damages or lost profits, which may be caused; thus, for example, they shall not be liable for reductions in profits or revenues, loss of data, interruptions in use, rework, additional manufacturing costs, damage to goodwill, or loss of Customers. To the extent permitted by applicable law, and only in the event of direct damage, CORTANA will compensate the Customer with a sum that may never exceed the original price of the Product in question. To the extent that applicable laws do not consider such limitations of liability to be applicable, the total liability of CORTANA for any incident arising shall in no event exceed ONE HUNDRED (100) EUROS or its equivalent.
16.2. In case of doubts related to the purchase process, you can contact email@example.com, through which every working day from 9 a.m. to 6 p.m. (Spanish peninsular time) you will receive an answer as soon as possible.