Legal information
GENERAL INFORMATION
In compliance with the provisions of article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), we put at your disposal the “general information”, which includes the data identification of the entity that owns this website and information related to the price of the products/services offered through it:
Owner: TRANSCORTANA SL (hereinafter CORTANA)
Address: Can Pujolet, 3. 08032 Barcelona, Spain
Email: transcortana@cortana.es
Telephone: +34 934 295 453
CIF: B-62683834
Registration data: Barcelona Commercial Registry Volume 33988
INTELLECTUAL PROPERTY
The contents of the website (URL), both texts, images, graphic design, source code, logos, brands, etc., are the exclusive property of CORTANA and are covered by the regulations governing Intellectual and Industrial Property. Therefore, its reproduction, modification, distribution or manipulation is prohibited.
CORTANA is the exclusive owner of all intellectual, industrial and similar property rights that may correspond to the Website. Likewise, all rights over any content, services or elements of its property that are incorporated into the Website are reserved in favor of CORTANA or any of the companies that make up or could make up the CORTANA group of companies, including, but not limited to and not limiting:
Those elements that make up the visual appearance, graphic image and other sensory stimuli of the web pages that make up the Site
Web;
navigation architecture;
the source codes of the web pages;
images,
recordings
Computer programs
database,
technology,
logos and
distinctive signs
CORTANA reserves the right to update, modify or delete any information contained on its website, as well as its configuration, features or general conditions, at any time and without prior notice.
The company does not guarantee the absence of interruptions or errors in access to the website, nor will it assume any responsibility for technical problems or failures that occur or could occur during the Internet connection.
Nor does it guarantee the absence of viruses or other elements that may or could cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system, so it excludes any liability for damages and losses that may arise. may or may occur in the computer system, electronic documents or files of the users.
Reservation of rights: The user agrees not to remove, delete, alter, manipulate or in any way modify:
Those notes, legends, indications or symbols that CORTANA or the legitimate owners of the rights incorporate into their properties regarding intellectual or industrial property (such as, copyright, ©, ® and ™, etc.).
Technical protection or identification devices that may or may contain the contents (such as, for example, watermarks, fingerprints, etc.).
CORTANA authorizes users to access and navigate the Website, using the Services and viewing the content incorporated therein.
Access, viewing and, where appropriate, downloading the content or services will always and in all cases be carried out for strictly personal and non-commercial purposes.
CORTANA reserves all rights over the property, including, but not limited to, all intellectual and industrial property rights it holds over them. CORTANA does not grant any other license or authorization of use to the user over its property other than that expressly detailed in this clause.
Link license: Any third-party link to this website must be to its main or entry page.
Users and, in general, all those who intend to establish a link between their web page and the website must comply with the following conditions detailed below. Any other link claim other than that stipulated in this clause will require the prior express written acceptance of CORTANA.
The user may not reproduce or imitate, in whole or in part, the content of the website, nor its graphic appearance ("look and feel"), nor create frames ("frames") or assembled links ("link inline") of CORTANA pages.
You may not create a browser, frame, environment or navigation bar on the pages of the Website.
No false, inaccurate, incorrect or denigrating statements or indications will be made about the website, CORTANA or any CORTANA properties and, in particular, no declaration or implication will be made that CORTANA collaborates, or is a collaborating partner, or that has in no way supervised or assumed in any way the contents or services offered or made available on the website on which the link is established.
The web page on which the link is established will not contain any brand, trade name, establishment sign, name, logo, slogan or other distinctive signs belonging to CORTANA, except those signs that form or could form part of the same link or those other of your property that have been previously licensed in writing by CORTANA.
The web page on which the link is established will not contain illegal information or content, contrary to morality, generally accepted good customs and public order, nor will it contain content or services.
CORTANA reserves the right to take appropriate legal action against anyone who fails to comply with the following prohibitions:
It is expressly prohibited:
1. Use any of the content or services for illicit purposes or effects, prohibited in this Legal Notice, harmful to the rights and interests of third parties, or that in any way may or could damage, disable, overload, deteriorate or impede the normal use of the services, computer equipment or documents, files or all types of content stored on any CORTANA computer equipment
2. Use content or services that are protected by any intellectual or industrial property right belonging to the entity or third parties, without the user having previously obtained, from their owners, the necessary authorization to proceed with the use they make or intend to make.
3. Reproduce, copy, distribute, communicate, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or unless this is legally permitted.
4. Incorporate viruses or other physical or electronic elements that may or could damage or impede the normal functioning of the network, system or computer equipment (hardware and software) of CORTANA, or third parties, or that could damage electronic documents and files stored on said computer equipment.
5. Obtaining or even attempting to obtain content using means or procedures other than those that, depending on the case, have been made available for this purpose in general, from those that are usually used on the Internet for this purpose. provided that they do not entail a risk of damage or disablement of the website, services or content.
CORTANA excludes, to the full extent permitted by the legal system, any liability for damages of any kind that may be due to the transmission, dissemination, storage, making available, reception, obtaining or access to the contents, and in particular , although not exclusively, for any damages that may be caused.
GENERAL CONDITIONS OF ELECTRONIC SALE.
1. Scope of application.
These General Conditions are intended for the purchase of products and services carried out remotely via the Internet from the website managed by the company.
These General Conditions of Sale will apply to all deliveries made by TRANSCORTANA, SL or on behalf of its website www.cortana.es, unless conditions different from these are established in the Specific Offers.
2. Acceptance of the general conditions of sale.
2.1. The Client, via email confirming their purchase order, unconditionally accepts and undertakes to comply with their relations with the virtual store. The general and payment conditions are those indicated in this contract, the Client declaring to have read and accepted all the instructions that were given in the terms of the aforementioned regulations, and also to take into account that the virtual store itself is no longer linked than to the conditions previously established in writing.
2.2. The sale and supply of products by TRANSCORTANA, SL, its divisions, subsidiaries and related companies (hereinafter “CORTANA”) are subject to these general contracting conditions (the “Conditions”, and the contract between the Client and CORTANA governed by these Conditions will be jointly designated as the “Contract”), without applying any other different or additional conditions that may be contained in any order order, document or other communication (the “Order”) and that modify, alter or contradict the terms of this Agreement. No term or condition that is included in pre-printed form in any other document of the Client, such as Orders or Confirmations, will alter or supplement the terms of this Agreement, even in the event that CORTANA has not proceeded to object to such additional or conflicting terms. .
3. Obligations of the Client.
3.1. The General Conditions of Sale must be read ONLINE by Customers visiting the page and the virtual store before confirming their purchases. Therefore, sending the order confirmation implies absolute knowledge of these General Conditions of Sale and its total acceptance. The Client undertakes, once the online purchase process has been completed, to print and keep these general conditions of sale, already read and accepted during the purchase process carried out, to fully comply with Spanish Law.
3.2. The Client will be solely responsible, exonerating CORTANA as far as appropriate, for any damage resulting from improper use, storage, conservation or manipulation of the Products; in particular when you have not observed the indications, warnings or instructions that CORTANA may have provided you in this regard.
3.3. Any information about 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 compliance with legal or other requirements) are provided by CORTANA “as is”, 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 any Product information, and ASSUMES NO LIABILITY REGARDING ANY PRODUCT INFORMATION. CORTANA recommends that the Customer validate any information relating to the Product before any use or action based on such information. All Product information is subject to change without prior notice. CORTANA also assumes no responsibility for typographical or other errors, or for possible omissions in product information.
4. Place an order in the virtual store
The Client purchases the products, available as described ONLINE in the relative descriptive and technical sheets, at the price INCLUDING VAT. Before confirming the purchase to the Client, the unit cost of each preselected product or the total cost in case of purchasing more than one product will be recapitulated. Upon confirming the purchase, and at the end of the transaction, the Customer will receive information on the Number, Date, Total Amount of their Order and their shipping number or code through which they can track it and know the status at all times. of the same.
5. Payments.
5.1. Payment for the purchased products and the expenses related to their shipment will have to be made by the Client when sending the order confirmation via PayPal, credit or debit card.
5.2. If the deposit accredited by the financial entities is not made, the request will not be taken into consideration.
5.3. In the event of total or partial non-payment of the price of any order of Products, on the due date, and in application of Law 3/2004 of December 29, which establishes measures to combat late payment in operations commercials, Article 5, the overdue and unpaid amount will accrue the corresponding late payment interest without the need for notice of expiration or any intimation from CORTANA, in addition to the Customer's responsibility for any return costs that CORTANA may incur. Likewise, CORTANA will be entitled to suspend or cancel pending deliveries of Products to the Customer until the order for which payment is due and payable has been paid, or to require advance payment of any new order.
6. Availability and delivery of products.
6.1. Our warehouse will be considered the delivery location for all transactions. The delivery date will take place when payment has been made or when the merchandise is ready for delivery/shipment.
6.2. Delivery times are approximate and a delay in delivery times 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) business days. Wedding dresses are made to order, so their approximate delivery time is three (3) weeks.
7. Transportation
7.1. The merchandise will always travel with shipping paid and charged on the purchase invoice.
7.2. The Client will not be able to indicate the means of transport by which he wishes to receive the merchandise; This will be sent by the means that our firm deems appropriate.
7.3. Upon departure of the order from CORTANA warehouses, the Customer will receive an informative email with a tracking number from the shipping company.
7.4. Shipping costs will vary depending on weight, volume and shipping country.
7.5. The Client can and must consult this shipping rate, thus being the Client solely responsible, exonerating CORTANA, for any claim.
7.6 The Cortana online store sells to the following countries:
Austria, Bulgaria, Belgium, Canada, Cyprus, Croatia, Denmark, Germany, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Jordan, Qatar, Saudi Arabia, Slovakia, Slovenia, Spain, United Arab Emirates, United Arab Emirates, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Norway, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Sweden, Switzerland.
-Depending on the destination country, shipping costs will vary.
-Depending on the country, different customs/tax charges will apply. These costs will be borne by the customer receiving said order.
-Cortana does not ship to the following areas of the European Union countries: Ceuta, Melilla or the Canary Islands (Spain), Helgoland Island and the city of Büsingen (Germany), the Faroe and Greenland Islands (Denmark), the Aland Islands (Finland), Mount Athos (Greece), San Marino, Livigno, Campione or the areas of Lago di Lugano (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 it has no apparent damage. If everything is in order, accept the delivery.
8.3. If the product does not correspond to what you ordered or if it has external damage, reject the order indicating the problem.
8.4. Send an email to shoponline@cortana.es within two (2) business days to indicate the problem.
9. Generalities
9.1. Placing an order in the online store implies acceptance by the Customer of these legal conditions. No stipulation made by the Client may differ from those of The online store if it has not been expressly accepted in advance and in writing by The online store
9.2. An order is not final until it is accepted by the online store.
9.3. All liability of CORTANA for damages caused by defects in the Products is excluded, except when it is expressly obliged to do so by virtue of applicable mandatory law, such as in cases of death or bodily injury. Thus, CORTANA will not be responsible for indirect damages, lost profits, losses of production or profits.
9.4. In any case, if CORTANA is forced to assume its responsibility for damages and losses suffered by the Client, 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. Prices
10.1. The published prices are valid except in cases 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 CORTANA warehouse, and do not include taxes or transportation costs in any case. Packaging is included in the price unless expressly indicated.
10.3. CORTANA may modify the sales prices of the Products at any time. The increase in the sales price will not affect those orders for Products in progress that have been previously accepted by CORTANA. In the event that the Client places an order for Products with an incorrect price, CORTANA will communicate the correct price and, where applicable, its acceptance of placing the order, provided that the Client expressly confirms it (with the correct price) in the two (2) following days.
10.4. Prices are subject to change at any time. The prices only express the value of the Products and do not include taxes, shipping costs, freight or customs duties, nor any other type of charges or costs, such as those related to the special packaging and labeling of the Products, permits, certificates. , customs declarations and registrations (collectively, the “Additional Costs”). Additional Costs will be borne by the Client.
10.5. The prices published on this website correspond to the community currency “euro”.
10.6. Customers whose countries of residence operate with a currency other than the euro must take into account that the financial entities in charge of the payment methods enabled by the online store will always take the equivalence for payment. If, for reasons beyond CORTANA's control, it is not made and there is an exchange difference, then CORTANA will notify the Client since their order will not be taken into consideration until payment is 100% resolved in euros.
11. Payment Conditions
The products and services will be paid through PayPal, or credit or debit card as long as these payment systems are implemented on the website, operational and accessible. Likewise, the online store guarantees that European legislation will be complied with when it comes to having the necessary security measures for the provision of bank details.
12. LOPD
For the purposes of the provisions of the regulations on the protection of personal data, the online store informs the User of the existence of a file of personal data of users (Clients) who enter their data on the Corporate Website created with the purpose of carrying out information, training and commercial promotion of the services of the online store. Likewise, The online store 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 online store undertakes to comply with its obligation to secrecy of personal data and its duty to store it, and will adopt the necessary measures to prevent its alteration, loss, processing or unauthorized access, taking into account, in any case, of the state of technology.
13. Shipping
13.1. The online store will not send any product until the Commercial Department has verified that 100% of the payment has been made.
13.2. The delivery will be considered made when the online store has made the products available to the Customer and the Customer has accepted the delivery receipt document. It is the Customer's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the Website's email.
13.3. The delivery times are those indicated by the online store, and the online store strives to respect them. However, a delay in delivery times will not imply the cancellation of the order nor will it entail the payment of any compensation. Any late penalty clause entered by the Customer in their order is void.
13.4. The online store will always try to send the products through the system chosen by the store. However, in the event of transport failures beyond the control of the online store, it reserves the right to resend them by any means it deems appropriate if necessary to fulfill its commitments.
13.5. Delivery times are indicated for each product, but may be subject to availability due to dates or lack of stock.
13.6. Any modification to the delivery date by the Client must be expressly accepted by CORTANA.
13.7. CORTANA reserves the right to interrupt the delivery of ordered goods, without incurring any liability, in the event of non-payment when due by the Client of any outstanding amount or in the event of financial insolvency of the Client.
13.8. The delivery of the products will always be in full purchase form, with no divisions due to the nature of the products, unless expressly requested by the Client.
13.9. CORTANA will deliver the Products according to the INCOTERM terms agreed with the Client.
13.10. Except in cases where CORTANA indicates other terms in writing. All deliveries of Products will be CPT – INCOTERMS 2010 (Carriage Paid To – Transportation paid to port or named place of destination). Title and risk of loss will transfer to the Customer upon delivery of the Products to the carrier. Any delivery date provided by CORTANA should be understood as an estimate only, which is dependent on timely receipt of supplies. CORTANA will not be responsible for any delay in delivery. CORTANA reserves the right to make partial deliveries, in which case the Customer must accept said 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 merchandise must be brought to our attention within forty-eight (48) working hours in Spain following receipt of the shipment, in order to proceed with the corresponding claim to the carrier.
14.2. In case of return due to error in shipping or for reasons attributable to CORTANA, shipments with postage due will not be accepted. Our firm will take care of the corresponding procedures, both to remove the erroneous merchandise and to replace the correct one.
14.3. Any claim due to lack of shipment or error in shipment 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 Client will not have the right to request a return if he has not reported the error/defect by sending an e-mail to the Customer Service transcortana@cortana.es within forty-eight (48) working hours in Spain after receiving the requested to inform us of the problem.
14.5. The products supplied by CORTANA will be used exclusively for the uses indicated by the respective manufacturer. The Client will be solely responsible for the consequences that may arise from improper use of the products supplied.
14.6. Claims for damages made by the Client for any reason are expressly excluded when there is no serious fault or fraud on the part of CORTANA.
14.7. The Client's agreement regarding the delivered quantity of Products with respect to an order in question will be made by signing the corresponding delivery note at the same time of delivery. If the Customer does not make a claim regarding a possible quantity or quality defect within the stipulated time after receiving the Products, CORTANA will not assume any responsibility.
14.8. The Customer must 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 receiving the Products, the Client will have a period of fifteen (15) days to complain to CORTANA for a possible difference in the type of the Products delivered with those ordered or for the existence of an apparent defect in the Products. themselves. If the Client 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, unused, with all labeling intact and the respective accessories.
14.10. CORTANA will not accept exchanges or returns due to Customer errors when selecting the size or color of the product.
14.11. In cases where it is necessary to reimburse the Client, CORTANA will arrange the payments within a peremptory period and in the same way in which the purchase was made, using the same provider (PayPal, Visa, MasterCard, etc.), CORTANA not being responsible for the times. management of the aforementioned suppliers.
14.12. For refunds made by CORTANA to Clients whose currency is not the euro, point 10.6 must be taken MUTATIS MUTANDIS. of these General Conditions of Electronic Sale.
14.13. The mechanics and steps that the Customer must follow to make returns are stated in the shipping confirmation email and in the delivery note since they may be modified depending on the delivery service provider and the destination country.
14.13. Return costs will be borne by the Customer and will be subtracted from the amount refunded upon acceptance of the return of the purchase.
15. Guarantees
15.1. CORTANA guarantees the quality and reliability of the products, ending this when the merchandise has been modified, manipulated or disassembled, since any modification is understood to be made under the responsibility of the Client.
16. Final clarification
16.1. To the extent permitted by applicable laws, neither CORTANA nor its employees or agents shall be liable, and Customer shall have no right to claim, for any indirect, special, incidental or consequential damages, or for any consequential damages or lost profits, that could be caused; Thus, for example, they will not be responsible for reductions in profits or revenues, loss of data, interruptions in use, rework, additional manufacturing costs, damage to good reputation, or losses of Customers. To the extent permitted by applicable laws, and only in the event that direct damage is caused, CORTANA will compensate the Customer with an amount that may never exceed the original price of the Product in question. To the extent that applicable laws do not consider these limitations of liability applicable, CORTANA's total liability for any incident that may occur will in no case exceed ONE HUNDRED (100) EUROS or its equivalent.
16.2. In case of questions related to the purchase process, you have the email address shoponline@cortana.es through which every business day from 9 a.m. to 6 p.m. (Spanish peninsular time) you will be responded to as soon as possible.