Coditions for use of and purchases

1. Introduction

This document (together with all documents mentioned herein) establishes the conditions applying to the use of this website (www.calmahouse.com) and to purchases of the products offered in the website (hereinafter, the “Conditions”). Please read carefully these Conditions, our Cookie policy and our Privacy policy (collectively, the “Data Protection Policy”) before using this web site. By using this website or buying articles offered in it, you agree to accept these Conditions and our Data Protection Policy; if you do not agree with all of the Conditions and the Data Protection Policy, you should not use this website.
These Conditions are subject to modification. It is your responsibility to read them periodically, since the conditions that apply when you make a contract (as defined hereinafter), or failing this, when you use the website, shall be those that are applicable at that moment.
If you have any questions about the Conditions or the Data Protection Policy, you can contact us via the Contact form.
The Contract (as defined hereinafter), may be formalised at your discretion in any of the languages available in this website.

2. Company data

The CALMA HOUSE articles sold via this website are sold by CALMA HOUSE, S.L., a Spanish company with fiscal residence at Rambla de Catalunya, number 92, 1ª planta, 08008 Barcelona, inscribed in the Barcelona Mercantile Registry in Ledger 44,321, Folio 126, page B-452715, inscription 3, and with Business Identification Number (VAT number) B66283607.

3. Your data and access to this website

Any information or personal data that you provide shall be treated according to the provisions established in the Data Protection Policy. By using this website, you consent to the processing of this information or data, and you declare that all information or data you provide is accurate and up-to-date.

4. Use of our website

By using this website or ordering goods in it, you undertake to:
1. Use this website only for legally-valid purchases or queries.
2. Not make any false or fraudulent orders. If we have reasonable cause to believe that you have made an order of this type, we are authorised to cancel it and to inform the relevant authorities.
3. Provide your e-mail address, postal address and/or other contact details truthfully and accurately. At the same time, you consent to us using said information to contact you if necessary (see our Privacy Policy).
If you do not provide all of the information we need, we will not be able to process your order.

By placing an order via this website, you declare that you are at least 18 years old and have legal capacity to enter into contracts.

5. Availability of the service

The articles offered via this website are only available for shipment to the Spanish mainland and the Balearic Islands. It is possible to ship to the Canary Islands, Ceuta, Melilla and foreign territories, but only after contacting Calma House.

6. How to contract a purchase

The information contained in these Conditions and the details contained in this web page do not constitute a sales offer, they are an invitation to form a contract. No contract will exist between your and ourselves related to any product until your order has been expressly accepted by us. If your proposal is not accepted and a payment has already been charged to your account, you shall be reimbursed in full.

To make an order, you should follow the on-line purchase procedure and then click on “Authorise payment”. After this, you will receive an e-mail confirming the receipt of your order (the “Order Confirmation”). Bear in mind that this does not mean that your order has been accepted, since your order constitutes a proposal to purchase one or more products from us. All orders are subject to our acceptance, and you will be informed by e-mail when the product is shipped (the “Shipping Confirmation”). The contract between you and ourselves to purchase a product (the “Contract”) is only formalised when we send you the Shipping confirmation.

The Contract shall only apply to the products listed in the Shipping Confirmation. We shall have no obligation to supply any product that may have been included in the order until we confirm its shipment in a Shipment Confirmation.

7. Product availability

All order for products are subject to their availability. In this regard, if difficulties are encountered regarding the supply of a product or if the product is out of stock, we reserve the right to provide you with information regarding alternative products with the same or higher quality or value that you can order. If you do not wish to order an alternative product, we shall reimburse in full any amount that you may have paid us with regard to the unavailable product.

Todos los productos a la venta son susceptibles de ser comprados, con la única excepción de los rellenos de cojín RUPA y EGRET, que no se podrán vender de forma individual y sólo se podrán adquirir acompañando a su funda de cojín correspondiente.

8. Refusal to process an order

We reserve the right to remove any product from this website at any time and to remove or modify any material or content. Although we shall always endeavour to service all orders, there may be exceptional circumstances that oblige us to refuse to process an order after having sent an Order Confirmation, and we reserve the right to do so at any time.

We shall bear no responsibility to you or to any third party for the removal of any product from this website or for removing or modifying any material or content from the website, nor for not processing an order after sending you the Order Confirmation.

9. Delivery

Notwithstanding the provisions of clause 7 above regarding availability of products, and in the absence of extraordinary circumstances, we shall endeavour to ship the products listed in each Shipping Confirmation prior to the delivery date indicated in the corresponding Shipping Confirmation or, if no delivery date was specified, in the estimated delivery time shown when the shipping method was selected, and in any case, within 30 days from the date of the Order Confirmation. In any case, our initial commitment is to deliver orders in 2 to 7 days in the Spanish mainland and in no more than 2 weeks to the Balearic Islands.
However, delays may occur due to factors such as customisation of products, unforeseen circumstances or the place of delivery.

If for any reason we cannot comply with the delivery time, we will inform you and offer you the choice of accepting the purchase with a new delivery date, or cancelling the order, in which case you will receive a full refund of the corresponding amount paid. Bear in mind that we do not make home deliveries on Saturdays or Sundays.

With regard to these Conditions, it shall be understood that “delivery” has taken place or that the order has been “delivered” when you, or a third party indicated by you, has taken material possession of the products, this being accredited by signing for the delivery at the agreed delivery address.

10. Difficulties in delivery

If we cannot deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will leave you a note telling you where your order is and what to do to have it sent again. If you are not going to be at the delivery address at the agreed time, please contact us to schedule the delivery for another day.

If 30 days go by after your order is ready for delivery but it has not been delivered for causes that cannot be attributed to us, we shall understand that you wish to annul the Contract and we shall consider it cancelled. Consequently, we shall reimburse you for all amounts paid, including shipping costs (except for additional costs incurred because you selected a different shipping method instead of the lowest-cost standard shipping that we offer), with no undue delay, and in any case, within 14 days of the date on which we consider the Contract cancelled.

Please note that transport arising from the cancellation of the Contract may represent an additional cost, and we shall be authorised to charge you for these costs.

11. Transmission of risks and title

All responsibility for risks applying to the products shall be transferred to you, the customer, at the moment that they are delivered.
You acquire title to the products when we receive payment in full of all amounts owing related to them, including shipping costs, or when the products are delivered (as defined in clause 9, above), if the payment precedes delivery.

12. Price and payments

The price of the products shall always be that stipulated on our website, except in cases of manifest error. Although we do our best to ensure that all prices shown on our web pages are correct, errors may occur. If we discover an error in the price of one of the products that you have ordered, we shall inform you as soon as possible and offer you the options of confirming your order with the correct price or of cancelling the order. If we cannot contact you, we shall consider the order cancelled and we shall reimburse in full all amounts that have been paid.

We shall have no obligation to supply you with any product at a lower price than the correct price (even if we have sent a Shipping Confirmation) if the error in the price is obvious and unequivocal and should reasonably have been recognised by you as such.

The prices shown in the website include VAT, but do not include shipping costs, which will be added to the total order value.

Prices may change at any moment, but (except for the provisions above), these changes shall not affect orders for which we have already sent an Order Confirmation.

Once you have selected all of the articles that you wish to purchase, these will be in your shopping trolley, and the next step is to confirm the order and make the payment. Do this by proceeding through the steps in the purchase process, entering or checking the information requested in each step. At any point in this process prior to making the payment, you may modify the details of your order. In addition, if you are a registered user, you will find details of all of your orders in the My Account page.

Payments may be made using Visa, Mastercard, Paypal, bank transfers or bank deposits.

To minimise risks of unauthorised access, your credit card details will be encrypted. Once your order has been received and confirmed, the corresponding amount will be charged to your credit card. If you pay with Paypal, the charge will also be made when the order is confirmed.

When you click on “Authorise Payment”, you are confirming that you are the owner or legitimate user of the card.

Credit cards are subject to checks and authorisations by the issuing entities, and if the corresponding entity does not authorise payment, we shall accept no responsibility for delays in delivery or for non-delivery and we shall be unable to enter into a Contract with you.

13. Value-added tax

According to the provisions of article 68 of Law 37/1992, dated the 28th of December, on Value-Added Tax, articles delivered shall be considered subject to Spanish VAT if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta and Melilla. The rate of VAT applicable shall be as legally applying at that time to the specific article in question.

14. Returns Policy

Legal right to cancel a purchase

Right of cancellation
If you contract a purchase as a consumer and user, you have the right to rescind the Contract within 14 calendar days with no need to justify your decision.
The right of cancellation expires 14 calendar days after you, or a third party designated by you, not including shippers, acquires material possession of the goods or, if goods are delivered separately, 14 calendar days after you, or a third party designated by you, not including shippers, acquires material possession of the last of the goods ordered.

To exercise your right of cancellation, you should notify CALMA HOUSE in an unequivocal declaration of this intention, by letter to our address at Rambla de Catalunya, 92, 1ª planta, 08008 Barcelona, via e-mail to clientes@calmahouse.com, or via our on-line contact form. If you wish, you can use the form attached as an appendix to these Conditions, although this is not obligatory.

To comply with the expiry date of the right of cancellation, it is sufficient that your communication to this effect be sent within the stipulated time.

Consequences of cancellation
If you cancel a purchase, we shall reimburse you for all amounts paid for goods, including shipping charges (except for additional costs incurred because you selected a different shipping method instead of the lowest-cost standard shipping that we offer), with no undue delay, and in any case within 14 calendar days of the date on which we are informed of your decision to cancel the Contract. Reimbursement shall be via the same method of payment that you used for the initial payment. There will be no charge for this reimbursement. Notwithstanding the above, we may hold back the reimbursement until we receive the goods, or until you provide proof of the return shipment, whichever occurs first.

You should return the goods by post or courier, or in person, to the Calma House shop in C/ Balmes, 149; 08006 Barcelona, with no undue delay and in any case, within 14 calendar days of the date on which you notified us of your decision to rescind the contract. It shall be understood that you have complied with this condition if you return the goods within this time limit.
Unless goods are returned because of a manufacturing defect or because they were not delivered in good condition, you shall be responsible for the direct costs of returning them.

You may only be held responsible for a loss in the value of the goods if this is due to manipulations beyond those necessary to establish the nature, characteristics or functionality of the goods.

Contractual right of cancellation
Apart from the legal right to cancellation of users and consumers, we grant you a period of 30 days following the delivery date of the goods during which you can return goods (except those indicated below in these Conditions, which are excluded from this right of cancellation).

If you return goods within the contractual period but after the legal period has expired, you shall be reimbursed only with the price paid for the products. You shall be responsible for the direct costs of returning the product.

You may exercise your right of cancellation as established in clause 15.1 above, although if you communicate your decision after the legal right of cancellation has expired, you must return the goods to us within 30 days of the date of delivery of the products.

Common provisions
You may not cancel a Contract for the purchase of any of the following products:
1. Customised articles.
2. Goods sealed against health risks that have been opened after delivery.

Your right to cancel the Contract applies exclusively to products that you return in the same condition in which you received them. No reimbursement shall be made if the product has been used, if it is not in the same condition in which it was delivered, or if it has been damaged, so you must take good care of the product or products while they are in your possession. Please return the article using or including all of the original packing and the instructions, labels and any other documents included with it. In all cases, you should include the ticket or invoice that you received when the product was delivered, properly filled in.

You will receive a summary of the use of this right of cancellation when you receive your order.

You may return products directly in the CALMA HOUSE shop in C/ Balmes, 149, 08006 Barcelona by visiting the shop in person and handing in the ticket or invoice that you received when the goods were delivered, properly filled in, together with the article. Returning goods in this way causes you no additional costs.

You may also return goods by sending them by post or courier to the CALMA HOUSE shop in C/ Balmes, 149, 08006, Barcelona. Please return the product as soon as possible, together with the ticket, properly filled in, to the address indicated on the ticket. You will be responsible for the cost of returning the product.

After examining the article, we shall inform you as to whether you are entitled to reimbursement of the amounts paid. Reimbursement of shipping costs is only applicable when the purchase is cancelled within the legal period of the right of cancellation and all articles in the order are returned. The reimbursement will be effected as soon as possible, and in any case, within 14 days of the date on which you informed us of your decision to cancel the purchase. Notwithstanding the above, we may hold back the reimbursement until we receive the goods, or until you provide proof of the return shipment, whichever occurs first. We shall reimburse you using the same means of payment that you used to pay for the purchase.
You are responsible for the costs and risks involved in returning the products, as described above. If you have any doubts, you may contact us via our contact form or by e-mail to clientes@calmahouse.com.

Returns from locations outside the Spanish mainland and the Balearic Islands
Please contact us by e-mail to clientes@calmahouse.com

Return of defective products
If you consider that the product that you received was not as stipulated in the Contract at the moment you received it, contact us immediately via our contact form or by e-mail to info@calmahouse.com, providing the details of the product and describing the defects or damage, and we will explain the procedure to follow.

You may return the product to the CALMA HOUSE shop in C/ Balmes, 149, 08006 Barcelona, including the ticket or invoice that you received with the product when it was delivered
We shall examine the returned product carefully and inform you by e-mail within a reasonable time as to whether we should reimburse you or replace the product (as appropriate). Reimbursement or replacement of the product shall be effected as soon as possible, and in any case within 14 days following the date on which we send you the e-mail confirming that we will reimburse you or replace the defective product.

The amounts paid for products returned as a result of damage or defects, when this is confirmed, shall be reimbursed in full, including the shipping costs involved in delivering the article and the costs you have incurred in returning the article to us. We shall reimburse you using the same means of payment that you used to pay for the purchase.
In all cases, all rights recognised by applicable legislation shall apply.

15. Responsibility and release from responsibility

Unless otherwise indicated expressly in these Conditions, our responsibility with respect to any product purchased via our website shall be strictly limited to the purchase price of the product.

Notwithstanding the above, our responsibility is neither excluded nor limited in the following cases:
1. In case of death or personal injuries caused by our negligence;
2. In cases of fraud or fraudulent misrepresentation; or
3. In any case in which it is illegal or illicit to exclude, limit or attempt to limit our responsibility.

Notwithstanding the terms of the previous paragraph and insofar as the law permits, and unless otherwise indicated in these conditions, we shall accept no responsibility for losses of the following nature, whatever their cause:
1. loss of income or sales:
2. loss of business;
3. loss of profits or business;
4. loss of predicted savings;
5. loss of data; and
6. lost time in administration or office work

Given the open nature of this website and the possibility of error in the storage or transmission of digital information, we cannot guarantee the precision and security of information transmitted or obtained via this website unless otherwise expressly indicated in it.

All product descriptions, information and material in this website are offered in good faith, without explicit or implicit guarantees regarding the products other than those legally established. In this regard, if you contract a purchase as a consumer and user, we are obliged to supply you with articles that correspond to the Contract and we are responsible for any non-compliance that exists at the moment that the goods are delivered. It shall be understood that the products comply with the Contract if (I) they correspond to our description of them and possess the properties presented in this website, (II) they are suitable for the normal uses of this type of product, and (III) they provide the quality and performance that can reasonable be expected from a product of this type.
Insofar as permitted by law, we exclude all guarantees except those that may not be excluded with respect to consumers and users.

The products that we sell, especially hand-made textile products, often present characteristics of the natural materials used in their elaboration. These characteristics, such as variations in grain, in texture, in knots and in colour, shall not be considered defects or faults. To the contrary, their presence should be valued. We select only products of the highest quality, but natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.

The provisions of this clause do not affect your rights as a consumer and user, nor your right to cancel the Contract.

16. Intelectual Property Rights

You must recognise that all copyrights, trade marks and other intellectual property rights over materials or contents in our website belong at all times to us or to those who have granted us a license to use them. You may only use such material in the way expressly authorised by us or by those who have granted a license for their use. This shall not prevent you from using our website as necessary to copy information regarding your order or contact details.

17. Viruses, hacking and other Cyber Attacks

You may not misuse this website by deliberately introducing any computer virus, trojan horse, logic bombs or any other program or technological material that is prejudicial or causes damage. You may not attempt to gain unauthorised access to this website, to the server that hosts it, or to any server, computer or database related to our website. You undertake to not attack this website with a Denial of Service attack or a Distributed Denial of Service attack.

Failure to comply with this clause may imply the commission of an offence penalised by applicable legislation. We shall inform the appropriate authorities of any non-compliance with such legislation and we shall co-operate fully with them in order to determine the identity of the attacker. At the same time, if you breach this clause, you shall be barred immediately from using this website.

We shall not be held responsible for any damage or loss caused by a Denial of Service attack, a virus, or any other program or technologically prejudicial or damaging material that may affect your computer, IT equipment, data or other materials as a consequence of your use of this website or of downloading contents contained in it or to which it redirects you.

18. Links in our web pages

If any of our web pages contains links to other web pages or third-party material, such links are provided for informational purposes only; we have no control over the contents of such web pages or materials. In consequence, we shall accept no responsibility whatsoever for any damage or prejudice derived from their use.

19. Written communications

Applicable legislation requires that part of the information or communications that we send you must be in written form. By using this website, you accept that the majority of said written communications be transmitted electronically. We shall contact you by e-mail or we shall provide information by displaying it in the website. With regard to contracts, you accept using this electronic means of communication and recognise that any contract, notification, information or other communication that we send you by electronic means complies with the legal requisite of being in written form. This condition does not affect your legal rights.

Notifications
Any notifications that you send us should preferably be transmitted using our contact form. According to the stipulations of clause 20 above, and unless otherwise indicated, we may send you communications either by e-mail or by post to the postal address that you gave us when you made your order.

It shall be understood that the notifications have been received correctly at the moment that they are published on our website, or 24h after sending an e-mail, or three days after posting a letter. To prove that the notification has been carried out, it shall be sufficient to prove, in the case of a letter, that the address was correct, that the correct postage had been paid, and that it was posted properly in a Post Office or a post box, or, in the case of e-mails, that it was sent to the e-mail address specified by the customer.

20. Cession of rights and obligations

The Contract is binding for you and for ourselves, and for our respective heirs, assignees and successors.

You may not transmit, cede, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it without our prior written consent.

We may transmit, cede, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it at any moment during the validity of the Contract. To be clear, said transmissions, cessions, encumbrances or other transfers shall not affect any rights that you, as a consumer, are legally entitled to nor shall they annul, reduce or limit in any way any guarantees that we may have granted you, whether expressly or tacitly.

21. Events beyond our control

We shall not be held responsible for non-compliance or delayed compliance with any obligation established in this Contract when this is caused by events beyond our control (“force majeur”).

The concept of force majeur includes any action, event, lack of action, omission or accident that can reasonably be considered beyond our control, and includes, but is not limited to, the following:
1. Strikes, lockouts or other industrial actions.
2. Civil unrest, revolt, invasion, terrorist attacks or threats, war (whether declared or not) or the threat of or preparations for war.
3. Fire, explosion, storms, floods, earthquakes, subsidence, epidemics or any other natural disaster.
4. Unavailability of trains, ships, aircraft, motorised transport or other means of transport, public or private.
5. Unavailability of public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions issued by a government or a public authority.
7. Strikes, failures or accidents in sea or river shipping, postal systems or any other type of transport.

It shall be understood that our contractual obligations shall be suspended while the force majeur exists, and that the time limit within which we must comply with our obligations shall be extended by a time equal to the duration of the situation of force majeur.

We shall make all reasonable efforts to end the situation of force majeur or to find a means of complying with our contractual obligations despite the situation of force majeur.

22. Waivers

Not demanding strict compliance by you with an obligation that you have accepted by virtue of the Contract or of these Conditions, or not exercising rights or actions to which we are entitled by virtue of the Contract or of these Conditions, does not imply that we have waived or limited our rights or possible actions, nor does it exonerate you from complying with such obligations.

No waiver on our part with respect to a specific right or action shall imply that other rights or actions established in the Contract or in the Conditions have been waived.
No waiver on our part with respect to these Conditions or to rights or actions derived from the Contract shall be effective unless it is expressly stated that it is a waiver and it is formalised and communicated to you in writing, according to the provision of the above section on Notifications.

23. Invalid causes

If any of these Conditions or any provision in the Contract should be declared null and void by a firm sentence dictated by a relevant authority, the remaining terms and conditions shall continue in force, unaffected by said sentence.

24. Integrity of the contract

These Conditions and any documents expressly mentioned in them constitute the entire agreement between you and ourselves with regard to the purpose of the Contract, and supersedes any other pact, agreement or promise previously established between us, whether verbal or in writing.

Both parties, you and ourselves, recognise that we have entered into this Contract without reliance on any declaration or promise made by the other party or that could be inferred from any declaration or document involved in our negotiations prior to the Contract, except for the statements expressly mentioned in these Conditions.

Neither of the parties may take action with regard to any untrue declaration made by the other party, whether verbal or in writing, prior to the date of the Contract (unless the untrue declaration was made fraudulently), and the only action that may be taken by the other party shall be for non-compliance with the Contract in the terms described in these Conditions.

25. Our right to modify these conditions

We are entitles to revise or modify these Conditions at any time. You are subject to the policies and Conditions applicable at the moment in which you used the website or confirmed an order, unless by law or a decision of a governmental organisation we should make retroactive changes to said policies, Conditions or the Privacy Policy, in which case any changes may apply to previous order that you have made.

26. Applicable legislation and jurisdiction

Use of our website and contracts for the purchase of our products shall be governed by Spanish legislation.

Any controversy that may arise with regard to the use of the website or said Contracts shall be submitted to the non-exclusive jurisdiction of the Spanish Courts and Tribunals.

If you purchase as a consumer, this clause in no way affects your consumer rights as recognised in applicable legislation.

27. Comments and suggestions

Your comments and suggestions are always welcome. Please send your comments and suggestions via our contact form.
Please note that we have official complaints forms available to users and consumers. You may request these by e-mail at clientes@calmahouse.com or via our contact form.


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