General conditions

1. Introduction

This document (together with all documents referred to herein) sets out the terms and conditions governing the use of this website (www.calmahouse.com) and the purchase of products on this website (the "Terms"). Please read these Terms, our Cookie Policy and our Privacy Policy (collectively, the "Data protection policy") carefully before using this website. By using this website or placing an order through this website, you agree to be bound by these Terms and our Privacy Policy, so if you do not agree to all of the Terms and the Privacy Policy, you should not use this website. These Terms may change from time to time. It is your responsibility to read them periodically, since the conditions in force at the time of conclusion of each Contract (as defined below) or, failing this, at the time of use of the website will be those applicable to you. If you have any questions regarding the Terms or the Data Protection Policies you may contact us through our contact form. The Agreement (as defined below) may be concluded, at your option, in any of the languages in which the Terms are available on this website.

2. Our data

The sale of products through this website is carried out under the name CALMA HOUSE by CALMA HOUSE, S.L., a Spanish company with registered office at Avenida Conflent, 58-60, warehouses 10-11, 08915 Badalona, registered in the Mercantile Register of Barcelona, in Volume 44.321, Folio 126, Page B-452715, inscription 3ª and NIF B66283607.

3. Your data and visits to this website

Any personal information or data you provide will be treated in accordance with the provisions set forth in the Data Protection Policy. By using this website, you consent to the processing of this information or data, and you represent that any information or data you provide is accurate and up to date.

4. Use of our website

By using this website and placing orders through this website you agree to:
1. To make use of this website only to make legally valid inquiries or orders.
2. Not to place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, we will be authorized to cancel it and inform the relevant authorities.
3. To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use such information to contact you if necessary (see our Privacy Policy).

If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5. Service availability

The products offered through this website are only available for shipment to Spanish territory (and within the Spanish territory only to Peninsula and Balearic Islands), and to certain countries of the European Union. The possibility of shipping to the rest of the world is offered, subject to prior contact with the company Calma House S.L.

6. How the contract is formalized

The information contained in these Conditions and the details contained in this website do not constitute an offer to sell, but an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been debited, the amount will be refunded in full.

To place an order, you must follow the online purchase procedure and click on "Authorize payment". You will then receive an e-mail acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes an offer by you to us to purchase one or more products. All orders are subject to acceptance by us, of which you will be informed via an email from us confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formed when we send you the Shipping Confirmation.

Only those products listed on the Shipping Confirmation will be the subject of the Contract. We shall not be obliged to supply you with any other products that may have been ordered until we confirm the shipment of such products to you in a Shipping Confirmation.

7. Product availability

All product orders are subject to product availability. In this regard, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.

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 of it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the order confirmation, so we reserve the right to do so at any time.

We will not be responsible in front of you or in front of any third party by removing any product from this website, removing or modifying any material or content of the website, or for not processing an order once we have sent you the confirmation of Order.

9. Shipping and delivery

The shipping costs established for each of the orders registered on the website are 3.99 euros to Peninsula (Spain). As a deference to its customers, Calma House S.L. will assume the shipping costs to Peninsula (Spain) for those orders exceeding 49.99 euros VAT included. During sales and special promotions, orders over 59.99 euros have free shipping costs.

For the Balearic Islands, shipping costs will vary depending on the weight and volume of each order.

For orders with delivery address in Portugal and France, the shipping cost will be 6 euros for orders under 69.99 euros, and free for orders over this amount. 

Orders with delivery address in Germany, Belgium, the Netherlands, Italy, Austria, Denmark, Luxembourg and Poland will have a fixed shipping cost of 8 euros if the amount does not exceed 88.99 euros, and free if the order exceeds this amount. 

Without prejudice to the provisions of clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to ship the order consisting of the product/s listed in each Shipping Confirmation before the delivery date shown on the Shipping Confirmation in question or, if no delivery date is specified, within the estimated time indicated when selecting the shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation. In any case, our initial commitment is to deliver our orders within 5 to 7 days in Peninsula, and maximum 15 days for Balearic Islands and Europe.

However, delays may occur for reasons such as product customization, the occurrence of unforeseen circumstances or the delivery area.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, however, that we do not deliver to your home on Saturdays or Sundays.

For the purposes of these Conditions, "delivery" or the order shall be deemed to have occurred or to have been "delivered" at the time when you or a third party indicated by you acquires material possession of the products, whichever is the earlier.

10. Inability to deliver

If we are unable to deliver your order, we will try to find a safe place to drop it off. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to have it reshipped to you. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.

In the event that 30 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and we will consider it terminated. As a consequence of the termination of the Contract, we will refund to you all payments received from you in respect of the products, without undue delay and in any event not later than 14 days from the date on which we consider the Contract to be terminated.

Similarly, we will consider the Contract terminated if you refuse to receive your order once the carrier has attempted to deliver it to you or the order has already left our warehouse (you will know this because you will receive a confirmation from us that your order has been dispatched).

Please note that the return transport resulting from the termination of the Contract may have an additional cost, so we are entitled to charge you the corresponding costs.

11. Transfer of risk and ownership

The risks of the products shall pass to you upon delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in respect of the products, including delivery charges, or at the time of delivery (as defined in clause 9 above), whichever is later.

12. Price and payment

The price of the products will be the one stipulated at all times on our website, except in case of obvious error. The price for the same product may vary depending on the country of destination, since in shipments abroad from Spain supplements may be added. Although we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and you will be refunded in full any amounts paid.

We shall not be obliged to supply you with any product at the incorrect lower price (even if we have sent you a Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price.

The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due.

Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Once you have selected all the products you wish to purchase, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you will be able to modify the data of your order. In addition, if you are a registered user, you have a detail of all orders placed in the section My Account.

You can use Visa and Mastercard, Paypal, Google Pay, Apple Pay, payment in installments with Scalapay (for orders over 69€) and payment by bank transfer. Orders awaiting "payment by bank transfer" will have to be paid during the next 14 days of the order. After this time, the order will be cancelled. In any case, the products of the order awaiting payment by bank transfer will be reserved.

Buying with Scalapay you will receive your order immediately and you will pay in the number of installments you have set. You agree that the instalments may be assigned to Retail Instalments SPV 1 Limited, related parties and their assignees, and you consent to such assignment.

To minimize the unauthorized access risk, your credit card data will be coded. Once we receive and confirm your order, the position against your credit card will be held. If your means of payment is PayPal, the position will also be done at the time we confirm the order.

By clicking "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the card.

Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize payment, we will not be liable for any delay or non-delivery and will not be able to enter into any Contract with you.

13. Value Added Tax

In accordance with the provisions of Article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the delivery of the products shall be deemed to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the rate legally in force at any given time depending on the specific product in question.

14. Return policy

Legal right of withdrawal

Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this Contract within 14 calendar days without giving any reason.
The withdrawal period shall expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in case the goods making up your order are delivered separately, 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods. In the case of products and orders paid for and reserved in our warehouse at the customer's request, the 14 days shall start to run from the date of the order.

During the sales period, exchanges and returns are extended to 20 calendar days.

To exercise the right of withdrawal, you must notify CALMA HOUSE, at the address Avenida Cerdanya, 57-59, warehouses 10-11, 08915 Badalona, by writing to the email clientes@calmahouse.com, your decision to withdraw from the Contract through an unequivocal statement.

To meet the withdrawal deadline, it is sufficient that the communication concerning the exercise by you of this right is sent before the expiry of the deadline.

Consequences of withdrawal
In the event of withdrawal by you, we will refund to you all payments for goods received from you, without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this Contract. We will proceed to effect such reimbursement using the same means of payment used by you for the initial transaction. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.

You must return the goods to us by courier to the address CALMA HOUSE - Avenida Cerdanya, 57-59, naves 10-11, 08915 Badalona, without any undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the Contract. The deadline shall be deemed to have been met if you return the goods before the end of this period. Unless you return the goods because of a manufacturing defect of the product or because it does not arrive in good condition, you must bear the cost of transport used to return the goods. Similarly, if you decide to reject your order before it is delivered, and it has already left our warehouses, you must bear the cost of returning your order to its origin.

You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.



Contractual right of withdrawal
In addition to the right of withdrawal legally recognized to consumers and users, we grant you a period of 30 days from the date of delivery of the products (or 30 days from the date of the order, for orders reserved in our warehouse at the request of the customer) to return the products (except for those mentioned below in this document, for which the right of withdrawal is excluded).

You may exercise your right of withdrawal in accordance with the provisions of clause 15.1 above, but if you notify us of your intention to withdraw from the Contract after the legal withdrawal period has expired, you must in any case deliver the goods to us within 30 days from the date of delivery of the products.

Returns

You shall not be entitled to withdraw from the Contract for the supply of any of the following products:

• Personalized products
• Goods sealed for reasons of hygiene which have been unsealed after delivery.

Your right to withdraw from the Contract shall apply exclusively to those products which are returned in the same condition in which you received them. No refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you should be careful with the product/s while they are in your possession. Please return the product(s) using or including all original packaging, instructions, labels and other documents that may accompany the product(s). In any case, you must deliver together with the product to be returned the ticket or invoice that you will have received at the time of delivery of the product duly completed.

After examining the product we will inform you whether you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and in any event within 14 days from the date on which you informed us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first. The refund will always be made in the same payment method you used to pay for the purchase.

You will bear the cost and risk of returning the goods to us, as stated above. If you have any questions, you can contact us by sending an email to clientes@calmahouse.com.

Returns outside Peninsula and Balearic Islands
You can contact us at the following e-mail address clientes@calmahouse.com .

Defective products returns

In cases where you consider that at the time of delivery the product does not conform to the stipulated in the Contract, you should contact us immediately by email clientes@calmahouse.com providing product data and the damage suffered, where we will tell you how to proceed.

We will carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether a refund or replacement (if applicable) is appropriate. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be refunded in full, including the delivery costs incurred to deliver the item to you. Calma House will be responsible for the collection of the defective product (in case the customer returns the damaged product on his own, we will not be responsible for the return costs).

The return will be made in the same payment method that was used to pay for the purchase.
In any case, the rights recognized by the legislation in force remain unaffected.

Returns of gifts and promotions

In cases where you wish to return a complete purchase, which was made within a promotional period, and has a free gift associated with it, you must return the free gift along with the rest of the items that are part of the return.

15. Liability and disclaimer of liability

Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product.

Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
1. In the event of death or personal injury caused by our negligence;
2. In the event of fraud or fraudulent misrepresentation; or 3.
3. In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their source:
1. Loss of income or sales
2. Loss of business
3. Loss of profit or loss of contracts
4. Loss of anticipated savings
5. Loss of data
6. Loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained through this website unless otherwise expressly stated herein.

All product descriptions, information and materials contained in this website are provided "as is" and without express or implied warranties of any kind, except as provided by law. In this sense, if you contract as a consumer and user, we are obliged to deliver items that are in conformity with the Contract, responding to you for any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in conformity with the Contract provided that (I) they conform to the description made by us and possess the qualities that we have presented on this website, (II) they are suitable for the uses to which products of the same type are normally intended and (III) they present the usual quality and performance of a product of the same type that are reasonably expected.

To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded vis-à-vis consumers and users.
The products we sell, especially handcrafted textile products, may often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and color, are not to be considered defects or flaws. On the contrary, they should be expected and appreciated. We only select products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

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

16. Intellectual Property

You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.

17. Viruses, hacking and other computer attacks

You shall not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or deleterious programs or materials. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses punishable by the applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.

18. Links of our website

Where our website contains links to other websites and materials from third parties, such links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability for any loss or damage arising from their use.

19. Written communications

Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.

Notifications
The notifications that you send us must be sent preferably through our contact form. In accordance with the provisions of clause 20 above and unless otherwise stipulated, we can send communications e-mail either to the postal address provided by you when making an order.

It will be understood that notifications have been received and have been correctly made at the same moment when they hang on our website, 24 hours after having sent an email, or three days after the frank date of any letter. To prove that the notification has been made, it will be enough to try, in the case of a letter, that it had the right address, it was properly sealed and that it was duly delivered in emails or in a mailbox and, in the case of an email , that it was sent to the email address specified by the receiver.

20. Assignment of Rights and Obligations

The Agreement is binding on both you and us and our respective successors, assigns and assignees.

You may not convey, assign, encumber or otherwise transfer a Contract or any of your rights or obligations under it without obtaining our prior written consent.

We may convey, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations under a Contract at any time during the term of the Contract. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect any rights, if any, that you, as a consumer, may have at law nor will they void, reduce or otherwise limit any warranties, whether express or implied, that we may have given to you.

21. Events beyond our control

We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control ("Force Majeure Event").

Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including, but not limited to, the following:
1. strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.
3. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of the use of trains, ships, airplanes, motor transport or other means of transportation, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Strike, failure or accidents of maritime or fluvial transportation, postal or any other type of transportation.

Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event.

We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations under the Contract despite the Force Majeure Event.

22. Waiver

Our failure to require your strict performance of any of your obligations under any Agreement or these Terms or our failure to exercise any rights or remedies to which we may be entitled under such Agreement or these Terms shall not constitute a waiver or limitation of such rights or remedies or relieve you of any such obligations.

No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under the Agreement or the Terms.
No waiver by us of any of these Terms or any rights or remedies under the Agreement shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.

23. Partial nullity

If any of these Conditions or any provision of a Contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

24. Entire Agreement

These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior covenant, agreement or promise agreed between you and us orally or in writing.

You and we acknowledge that we have consented to enter into the Agreement without relying on any representations or promises made by the other party or which could be inferred from any statements or writings in the negotiations between us prior to the Agreement, except as expressly set out in these Terms.

Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.

25. Our right to modify these conditions

We have the right to revise and modify these Terms at any time. You will be subject to the policies and Terms in effect at the time you use this website or place each order, unless we are required by law or governmental agency decision to make retroactive changes to such policies, Terms or Privacy Statement, in which case any such changes will also affect orders previously placed by you.

26. Applicable legislation and jurisdiction

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.

Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.

If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under applicable law.

27. Comments and suggestions

We welcome your comments and suggestions. We kindly ask you to send us such comments and suggestions via e-mail.

In addition, we have official complaint forms available for consumers and users. You can request them by sending an e-mail to clientes@calmahouse.com.