General conditions
1. Introduction
This document (together with all the documents mentioned in it) establishes the conditions for which the use of this website (www.calmahouse.com) and the purchase of products in it (hereinafter, the "conditions" ). We beg you to read these conditions, our cookies policy and our privacy policy (together, the "data protection policies") before using this website. When using this website or make an order through it, you consent of data, you should not use this website. These conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of concluding each contract (as it is defined below) or in the absence of this, at the time of use of the website will be those that are applicable applicable . If you have any questions related to data protection conditions or policies you can contact us through our contact form. The contract (as defined later) may be formalized, to your choice, in any of the languages in which the conditions are available on this website.
2. Our data
The sale of items through this website is made under the name Calm House by Calm House, S.L., Spanish Society with address at Avenida Conflent, 58-60, ships 10-11, 08915 Badalona, registered in the Mercantile Registry of Barcelona of Barcelona , in volume 44,321, folio 126, sheet B-452715, 3rd registration and NIF B66283607.
3. Your data and visits to this website
Any information or personal data that provides will be treated in accordance with the provisions established in the data protection policy. When using this website, you accept the processing of this information or data, and declare that all the information or data you provide are precise and updated.
4. Use of our website
When using this website and orders through it, you are committed to:
1. Make use of this website only to make legally valid consultations or orders.
2. Do not make any false or fraudulent order. If reasonably it could be considered that an order of this nature has been made we will be authorized to cancel it and inform the relevant authorities.
3. Facilitate your email address, postal address and/or other contact information truthfully and exactly. Likewise, he consents that we can 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 study.
When placing an order through this website, you declare to be over 18 years old and have legal capacity to enter into contracts.
5. Service availability
The articles 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, prior contact with the company Callable 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 a sales offer, but an invitation to hire. There will be no contract 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 any charge had already been made in your account, the amount of it will be reinstated in its entirety.
To make an order, you must follow the online purchase procedure and click on "Authorize Payment". After this, you will receive an email accusing receipt of your order ("order confirmation"). Keep in mind that this does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance, of which it will be informed through an email in which we will confirm that the product is being sent (the "shipping confirmation"). The contract for the purchase of a product between you and us (the "contract") will be formalized only when we send you the shipping confirmation.
Only those related products in shipping confirmation will be subject to the contract. We will not be obliged to supply any other product that could have been requested until we confirm it in a shipping confirmation.
7. Product availability
All product orders are subject to their availability. In this sense, if there are difficulties regarding the supply of products or if there are no articles in stock, we reserve the right to provide information about substitute products of quality and value equal to or superior that you may commission. If you do not want to order those substitute products, we will reimburse any amount that you might have paid.
8. Negative 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 recorded on the website are 3.99 euros to Peninsula (Spain). As deference to its clients, Calm House S.L. will assume the shipping costs to Peninsula (Spain) of those orders that exceed 39.99 euros VAT included.
In the case of orders with delivery address in Portugal and France (except corsica), the shipping price will be 6 euros for orders below 60 euros, and free for orders whose amount exceeds 60 euros.
Orders with delivery direction in Germany, Belgium, Netherlands, Italy, Austria, Denmark and Poland will have fixed shipping costs of 8 euros if the amount does not exceed 80 euros, and free if it exceeds 80 euros.
For the Balearic Islands and the rest of the countries where House calms their orders, shipping costs will vary depending on the weight and volume of each order.
Without prejudice to the provisions of clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the related products in each shipping confirmation before the delivery date that appears in The confirmation of shipping in question or, if no delivery date was specified, within the estimated period indicated when selecting the shipping method and, in any case, within a maximum period of 30 days from the date of confirmation from order. In any case, our initial commitment is to deliver our orders within 5 to 7 days in Peninsula, and maximum 15 days for the Balearic Islands and Europe.
However, delays such as customization of products, the occurrence of unforeseen circumstances or the delivery zone could occur.
If for any reason we could not meet the delivery date, we will inform you of this circumstance and give you the option to move forward with the purchase by establishing a new delivery date or annul the order with the total reimbursement of the paid price. Take into account, in any case, that we do not deliver at home on Saturdays or Sundays.
For the purposes of these conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the time when you or a third party indicated by you acquire the material possession of the products, which is It will accredit through the signing of the receipt of the order in the agreed delivery address.
10. Impossibility of delivery
If we find it impossible to deliver your order, we will try to look for a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is and how to make it sent again. If you are not going to be in the place of delivery at the agreed time, we beg you to contact us to agree on delivery in another day.
In the event that after 30 days since your order is available for delivery, the order has not been delivered due to cause not attributable to us, we will understand that you want to give up the contract and we will consider it resolved. As a consequence of the resolution of the contract, we will return all the payments received from you corresponding to the articles, without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract resolved.
In the same way, we will consider the contract resolved if you refuse to receive your order once the Transport Agency has tried to deliver it or the order has already left our stores (you will know because you will receive a confirmation on our part that your order has already been sent ).
Please keep in mind that the return transport derived from the resolution of the contract can have an additional cost, so we will be authorized to impact the corresponding costs.
11. Risk and property transmission
The risks of the products will be in charge of the moment of delivery.
You will acquire the property of the products when we receive the full payment of all the amounts due in relation to them, including shipping costs, or at the time of delivery (according to the definition contained in clause 9 above), if This took place at a later time.
12. Price and payment
The price of the products will be the one stipulated at all times on our website, except in case of manifest error. The price for the same item can vary depending on the country of destination, since in shipments abroad from Spain you can add supplements in the case of products with volume. Although we try to make sure that all the prices that appear on the page are correct, errors can occur. If we discover an error in the price of any of the products you have commissioned, we will inform you as soon as possible and give you the option of reconfirming your order at the right price or canceling it. If we fail to get in touch with you, the order will be considered canceled and the amounts that would have been paid will be reimbursed.
We will not be obliged to supply any product at the incorrect lower price (even if we have sent you shipping confirmation) if the error in the price is obvious and unequivocal and could have been reasonably recognized by you as an incorrect price.
The prices of 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 in the provisions previously) the possible changes will not affect orders with respect to those who have already sent an order confirmation.
Once you have selected all the items you want to buy, these 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. Also, during the purchase process, before making the payment, you can modify the data of your order. In addition, if you are a registered user, you have a detail of all the orders made in the my account.
You can use the Visa and Mastercard, PayPal, Bizum, Google Pay, Apple Pay, installment cards with SCALAPAY (in orders greater than € 60) and payment by bank transfer. Orders waiting for "payment by bank transfer" will have to be paid during the next 14 days of the order. After this time, the order will be canceled. In no case, the products of the order waiting for payment by transfer will be reserved.
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.
Clicking on "Authorize Payment" You are confirming that the credit card is yours or that it is the legitimate card holder.
The credit cards will be subject to checks and authorizations by the entity issuing them, but if said entity did not authorize the payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any contract with you.
13. Value Added Tax
In accordance with the provisions of article 68 of Law 37/1992, of December 28, of the Value Added Tax, the delivery of the articles shall be understood located in the Spanish VAT application territory if the delivery address is In Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable type of VAT will be legally in force at all times depending on the specific article in question.
14. Return policy
Legal right to give up purchase
Right of withdrawal
If you are hiring as a consumer and user, you have the right to give up the present contract within 14 calendar days without justification.
The withdrawal period will expire to the 14 calendar days of the day that you or a third one for you indicated, other than the carrier, acquired the material possession of the goods or in case the goods that make up your order are delivered separately, to the 14 calendar days of the day that you or a third one for you indicated, other than the carrier, acquired the material possession of the last of those goods. In the case of products and orders paid and reserved in our warehouse at the request of the client, the 14 days will begin to count from the date of the order.
To exercise the right of withdrawal, you must notify us to calm House, to the direction Avenida Cerdanya, 57-59, ship 10-11, 08915 Badalona, writing to the email clients@calmahouse.com or by phone at 934672218, your decision to give up the contract through an unequivocal declaration.
To fulfill the period of withdrawal, it is enough that the communication relative to the exercise for its part of this right is sent before the corresponding term come.
Consequences of withdrawal
In case of withdrawal on your part, we will return all payments of goods received from you, without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision of your decision of your decision of give up this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction. Notwithstanding the foregoing, we can retain the refund until the goods have received, or until you have presented a test of their return, according to what condition is fulfilled first.
We must return the goods through messaging to the management of the house Calm-Cerdanya Avenue, 57-59, ships 10-11, 08915 Badalona, without any undue delay and, in any case, no later than the period of 14 calendar days from the date on which your contract withdrawal communicates to us. The deadline will be considered fulfilled if it makes the return of the goods before this period has concluded. Except for the return of the goods for a product factory defect or because it does not arrive in good condition, you must assume the cost derived from the transport used for the return of the goods. Similarly, if you decide to reject your order before being delivered, and you have already left our stores, you must run with the expenses that your order to make your order returns.
You will only be responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
Contractual right of withdrawal
In addition to the right to legally recognized consisting of consumers and users, we grant a 30 -day period from the date of delivery of the products (or 30 days counting from the date of the order, for reserved orders in our warehouse at the customer's request ) to carry out the returns of the products (except for those mentioned later in this document, with respect to which the right of withdrawal is excluded).
You may exercise your right of withdrawal in accordance with the provisions of clause 15.1 above, although if you communicate your intention to withdraw the legal term of withdrawal, in any case you must deliver the goods within the 30 -day period of 30 days From the date of delivery of the products.
Returns
You will not have the right to give up the contract whose purpose is the supply of any of the following products:
Personalized articles
Assets for hygiene reasons that have been despised after delivery.
Your right to give up the contract will be exclusively applied to those products that are returned under the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of the the product/s while they are in possession. Please return the article using or including all its original wrappers, instructions, labels and other documents that accompany it. In any case, you must deliver together with the product to return the ticket or invoice that you will have received at the time of delivery of the product duly completed.
After examining the article we will communicate if you are entitled to the reimbursement of the amounts paid. The reimbursement will be made as soon as possible and, in any case, within 14 days from the date you informed us of your intention to give up. However, we can retain reimbursement until the goods have received, or until you have presented a test of the return of the goods, according to what condition is fulfilled first. The refund will always be made in the same means of payment that you used to pay for the purchase.
You will assume the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us through the phone 934672218 or by sending an email to the customer address@calmahouse.com.
Returns outside Peninsula and Balearic Islands
You can contact us at the email address customers@calmahouse.com
Defective products returns
In cases where you consider that at the time of delivery the product does not conform to what is stipulated in the contract, you should contact us immediately through email customers@calmahouse.com facilitating product data as well as the damage you suffer, where we will tell you how to proceed.
We will proceed to carefully examine the product returned and communicate by e-mail within a reasonable period of time if the reimbursement or replacement of the same proceeds (if applicable). The reimbursement or replacement of the article will be made as soon as possible and, in any case, within 14 days following the date on which we send an email confirming that the reimbursement or replacement of the non -compliant article proceeds.
The amounts paid by those products that are returned because of some tare or defect, when it really exists, will be refunded entirely, including delivery expenses incurred to deliver the article. Calm House will take charge of the collection of the defective product (in case the customer makes the return of the damaged product on their own, we will not take care of the return costs).
The return will be made in the same means of payment that was used to pay the purchase.
In any case, the rights recognized by current legislation remain safe.
Returns of gifts and promotions
In cases where you want to return a complete purchase, which has been made within a promotion period, and have an associated gift, you must return this gift together with the rest of the items that are part of the return.
15. Responsibility and exoneration of responsibility
Unless expressly available in these conditions, our responsibility in relation to any product acquired on our website will be strictly limited to the purchase price of said product.
Notwithstanding the foregoing, our responsibility is not excluded or limited in the following cases:
1. In case of death or personal damage caused by our negligence;
2. In case of fraud or fraudulent falsehood; either
3. In any matter in which it was illegal or illicit that we exclude, limit or try to exclude or limit our responsibility.
Without prejudice to the provisions of the previous paragraph and to the extent that it is legally allowed, and unless in these conditions the opposite is provided, we will not accept any responsibility for the following losses, regardless of its origin:
1. Income or sales losses
2. Business loss
3. LEADING OR LOSS OF CONTRACTS
4. Loss of savings planned
5. Data loss
6. Loss of management time or office schedule
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and safety of the information transmitted or obtained by means of this website unless it is established expressly otherwise in it.
All descriptions of products, information and materials that appear on this website are supplied "as a true body" and without express or implicit guarantees on them except those legally established. In this sense, if you hire as a consumer and user, we are obliged to deliver articles that are satisfied with the contract, responding to you of any lack of conformity that exists at the time of delivery of the product. It is understood that the products are satisfied 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) are suitable for the uses to which the products are ordinarily allocated of the same type and (iii) present the usual quality and benefits of a product of the same type that are fundamentally expected.
With the scope of the law, we exclude all guarantees, except those that cannot be legitimately excluded against consumers and users.
The products that we sell, especially the textile handicraft products, can often present the characteristics of the natural materials that are used in their manufacture. These characteristics, such as variation in the veins, in texture, in knots and in color, will not be considered defects or taras. On the opposite, it will count with your presence and appreciate it. We only select the products of the highest quality, but the natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.
The provisions of this clause will not affect your rights as a consumer and user, or your right to withdraw the contract.
16. Intellectual Property
You recognize and consent that everything Copyright, registered trademark and other intellectual property rights on the materials or contents that are provided as part of the website correspond to us at all times or to whom they granted us a license for their use. You can use said material only in the way we expressly authorize it or who granted us a license for use. This will not prevent you from using this website to the necessary extent to copy the information about your order or contact data.
17. Viruses, piracy and other computer attacks
You should not make improper use of this website through the intention of intention in the same virus, Trojans, worms, logical pumps or any other technologically harmful or harmful program or material. You will not try to have unauthorized access to this website, to the server on which this page is housed or to any server, computer or database related to our website. You undertake not to attack this website through an attack of denial of service or a distributed service denial attack.
Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will inform any breach of said regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, it will immediately stop being authorized to use this website.
We will not be responsible for any damage or loss resulting from an attack of denial of service, viruses or any other technologically harmful or harmful material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the discharge of contents of the same or to which the same redirect.
18. Links of our website
In the event that our website contains links to other web pages and third -party materials, these links are facilitated only for informative purposes, without us having any control over the content of these web or material pages. Therefore, we do not accept any responsibility for any damage or loss derived from its use.
19. Written communications
The applicable regulations require that part of the information or communications that we will be written be in writing. Through the use of this website, you accept that most of these communications with us are electronic. We will contact you by email or provide information by hanging notices on this website. For contractual purposes, you consent to using this electronic media of communication and recognize that any contract, notification, information and other communications that we send electronically meet the legal requirements of being in writing. This condition will not affect your rights recognized by law.
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. Transfer of rights and obligations
The contract is binding both for you and us, as well as for our respective successors, assignees and beneficiaries.
You cannot convey, yield, tax or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.
We can transmit, yield, tax, subcontract or in any other way to transfer a contract or any of the rights or obligations derived from it, at any time during the validity of the contract. To avoid any questions, these transmissions, assignments, taxes or other transfers will not affect the rights that, where appropriate, you, as a consumer, have recognized by law or cancel, reduce or limit in any other way the guarantees, both express and tacit , that we could have granted him.
21. Out of our control events
We will not be responsible for any breach or delay in compliance with any of the obligations that we assume under a contract, whose cause is due to events that are outside our reasonable control ("cause of force majeure").
The causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
1. Strikes, employer closures or other claiming measures.
2. Civil shock, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or war preparations.
3. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
4. Impossibility of use of trains, ships, airplanes, motor transport or other means of transport, 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, failures or accidents for maritime or river transport, postcard or any other type of transport.
It will be understood that our obligations derived from contracts will be suspended during the period in which the cause of force majeure continues, and we will have an extension within the deadline to fulfill these obligations for a period of time equal to the one that the cause of force majeure lasts.
We will put all reasonable means to end the cause of force majeure or to find a solution that allows us to fulfill our obligations under the contract despite the cause of force majeure.
22. Resignation
The lack of requirement on our part of strict fulfill Of said contract or conditions, there will be no resignation or limitation in relation to said rights or actions or exonerate you to fulfill such obligations.
No resignation for our part to a concrete right or action will mean a resignation to other rights or actions derived from the contract or conditions.
No resignation for our part of these conditions or to the rights or actions derived from the contract will take effect, unless it is expressly established that it is a resignation and formalizes and communicates in writing in accordance with the provisions of the provisions of the previous notifications section.
23. Partial nullity
If any of the present conditions or any provision of a contract were declared void and without effect by firm resolution issued by competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
24. Complete agreement
These conditions and any document to which express reference is made in them constitute the existing full agreement between you and us in relation to the object of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written.
You and we recognize having consented to the conclusion of the contract without having trusted any statement or promise made by the other party or that could be inferred from any declaration or written in the negotiations filed by both before said contract, except what is expressly mentioned in these conditions.
Neither you nor we will have action against any uncertain declaration made by the other party, verbal or written, prior to the date of the contract (unless such an uncertain statement had made fraudulently) and the only action that the Another part will 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 review and modify these conditions at any time. You will be subject to the policies and conditions in force at the time you use this website or make each order, unless by law or decision of government agencies we must make retroactive changes in these policies, conditions or privacy declaration, in whose case, the possible changes will also affect the orders you would have previously made.
26. Applicable legislation and jurisdiction
The use of our website and the purchase contracts of products through said website will be governed by Spanish legislation.
Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non -exclusive jurisdiction of the Spanish courts and courts.
If you are hiring as a consumer, nothing in this clause will affect the rights that the current legislation recognizes as such.
27. Comments and suggestions
Your comments and suggestions will be welcomed. We beg you to send us such comments and suggestions through our email.
In addition, we have official claim sheets available to consumers and users. You can request them at the email address customers@calmahouse.com.