1. INFORMATION ABOUT US
The owner of the anaikigai.com website is ANA CUEVAS FERNANDEZ, with tax number 13941204F and fiscal address at C/ Luis Martínez 21, 39005 Santander, Spain.
2. OBLIGATIONS OF THE BUYER
By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and are at least 18 years of age.
3. HOW THE CONTRACT IS FORMED BETWEEN US
After placing an order, you will receive an email from us informing you that we have received your order. Your order constitutes a request to us to purchase products. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us and we will confirm your acceptance by sending you an email stating that the Products have been shipped (the Shipment Confirmation). The contract between us will only be formed when we send you the Shipment Confirmation.
3.2. The Contract will relate only to those Goods whose dispatch we have confirmed in the Confirmation of Shipment.
4. HOW TO RETURN YOUR PURCHASE
If you are contracting as a consumer, you may cancel a Contract at any time within 12 calendar days of the date of receipt of the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refund Policy (detailed below in clause 8). ´
To cancel a Contract, you must inform us in writing of your intention to return the Products to email@example.com. If you do not inform us in writing of your intention to return the Products prior to shipment, there may be a delay in processing under clause 8.
When we receive notice of your intention to return the Goods, we will contact you to inform you of how to proceed with your return.
You must return the Products in the same condition in which you received them, at your own cost and risk (we recommend that the Products be returned by certified delivery). Returned Products must be in their original packaging, in original condition, unused and resaleable, and must be accompanied by the details of the relevant order. You have a legal obligation to take optimal care of the Products while they are in your possession.
4.5. Details of this legal right and an explanation of how to exercise them are provided in the Shipment Confirmation. This provision does not affect your legal rights.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled on the delivery date set out in the Shipment Confirmation or, if a delivery date is not specified, within a reasonable time from the date of the Shipment Confirmation, unless there are exceptional circumstances.
6. RISK AND TITLE
6.1. The Products will be at your risk from the moment of delivery.
6.2. Ownership of the Goods will only pass to you when we receive full payment of all amounts due in respect of the Goods, including delivery charges.
7. PRICE AND PAYMENT
7.1. The price of any Product shall be the price marked on our website, except in cases of error.
7.2. These prices include Value Added Tax (VAT) but exclude delivery costs, which will be added to the total amount due.
7.3. Prices are subject to change at any time, but changes will not affect orders for which we have already sent a Shipment Confirmation.
Despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally check prices as part of our shipping procedures, so that, where the correct price of the Products is less than the stated price, we will charge the lower amount when we ship the Products to you. If the correct price of the Products is higher than the price indicated on our site, we will normally, at our discretion, contact you for instructions before sending the Products, or we will refuse your order and notify you of such refusal.
We have no obligation to provide you with the Products at the incorrect (lower) price, even after we have sent you a Shipment Confirmation, if the price error is obvious and unequivocal and may have been recognised by you as a price error.
7.6. Payment for all goods must be made by Paypal, credit or debit card prior to shipment of the order.
8. REFUND POLICY
8.1. When you return products to us
By cancelling the Contract between us within the seven-day cooling off period (see clause 4.1), we will process the refund due to you as soon as possible and in any event within 30 days of receipt of the Products returned. In this case, we will refund the price of the Goods in full plus the initial shipping costs. However, you will be responsible for the cost of returning the Products to us;
8.1.2. For any other reason (for example, because you have notified us pursuant to clause 15 that you do not agree to any changes to these terms and conditions, or because you claim that the Products are defective), we will examine the Products returned and notify you of their refund by email within a reasonable period of time. We will generally process the refund due as soon as possible and in any event within 30 days of the date on which we confirm to you by email that you are entitled to a refund for the defective Products. Goods returned because of a defect or because we made a mistake with your order will be refunded in full, together with shipping costs.
We will generally refund the money received using the same method originally used to pay for your purchase.
9. OUR RESPONSIBILITY
We warrant to you that all Products you purchase from us through our website are of satisfactory quality and reasonably fit for all purposes for which such Products are commonly supplied.
9.2. Subject to the clause
9.5 Our liability for any losses you suffer as a result of the breach of this agreement, including deliberate breaches or any loss which is a foreseeable consequence of the breach of the agreement, is strictly limited to the purchase price of the Goods purchased.
Subject to clause 9.5, we are not liable for indirect losses occurring due to a side effect or damage caused by third parties, including but not limited to delays or damage caused by the company responsible for the shipments.
9.4. When you purchase products from an outside vendor through our website, legal liability shall be set out in the terms and conditions of that vendor.
9.5. Nothing in these terms and conditions excludes or limits our liability in any way:
9.5.1. For personal injury caused by our negligence;
9.5.2. For fraud or fraudulent misrepresentation; or
9.5.3. For any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
10. IMPORT DUTY
If you order products from our website for delivery outside of Spain, they may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for the payment of such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for more information before placing an order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Products are intended. We will not be liable for any breach by you of such laws.
11. WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send you be in writing or by email. By using our website, you agree that communication with us will be primarily electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to these electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically, and that comply with applicable legal requirements. This condition does not affect your legal rights.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1. The Agreement between us is binding on both of us and on our respective assignees.
You may not transfer, assign, collect or dispose of a Contract, or any of your rights or obligations under it, without our prior written consent.
We may transfer, assign, collect, subcontract or dispose of a Contract, or any of our rights or obligations under it, at any time during the term of the Contract.
13. EVENTS BEYOND OUR CONTROL
We reserve the right to postpone the delivery date or to cancel the Contract (without liability to you) if we are prevented or delayed in the continuation of our business due to an event of force majeure, provided that, if the event in question continues for a period of more than 60 days, you shall be entitled to give us written notice to terminate the Contract.
Our performance under any Contract shall be deemed to be suspended for the period in which a force majeure event continues, and we shall have an extension of time for performance for the duration of that period. We will make all reasonable efforts to close the force majeure event or to find a solution whereby our obligations under the Contract can be performed despite the force majeure event.
14. COMPLETE AGREEMENT
These terms and conditions, and any other documents expressly referred to in them, represent the entire agreement between us and supersede any prior agreements between us, whether oral or in writing.
15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in the technology or capabilities of our system, changes in payment methods, changes in applicable laws and regulatory requirements.
You will be subject to the terms and conditions in effect at the time you order the Goods from us, unless (1) any change to these policies or these terms and conditions must be made by law or governmental authority, or (2) if we notify you of the change to these policies or these terms and conditions before sending you the Shipment Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us otherwise within seven business days of receipt of the Goods.
16. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with Spanish law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Spain.
17. DATA PROTECTION
You agree that we may use the personal information you have provided to us to carry out the obligations of the Contract and, where appropriate, appropriate fraud controls. The personal information you provide to us will not be given to third parties. However, it may be given to a credit reference or fraud prevention agency, which may keep a record of that information.
Terms and Conditions
2. Use of our website
You accept that:
2.1. You can only use this website to learn about our products or services, make inquiries or orders legally valid.
You may not place any false or fraudulent orders. If we have reasonable grounds to believe that you have placed an order of this nature we will consider it void.
You are also required to provide your personal details, email address, postal address and/or other contact details and consent to the use of this information to contact you if necessary (see our Privacy Statement). If you do not provide us with the information we need, we will not be able to process your order.
3. How the Contract is Formalized
The present information and details on this website is an invitation to do business. There is no contract between us if you have not yet made an offer to purchase. To place an order, you must follow the online payment procedure through Paypal. In this case, you will be sent an email confirming receipt of your order (“Order Confirmation”). All orders are subject to our acceptance and we will confirm such acceptance by sending you an email with confirmation that the product is being shipped (the “Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will be formalized when the Confirmation of Shipment is sent. They will be the subject of the Contract for products related to the Confirmation of Shipment. We are not obligated to supply you with any other products that may have been the subject of an order until we confirm the shipment of the same in an Independent Shipment Confirmation.
4. Product Availability
All product orders are subject to product availability.
5. Refusal to Process an Order
We reserve the right to remove any product from this website at any time and/or to remove or modify any material or content from this website. However, at present, all orders can be sent to confirmation of the order, and we reserve the right to do so at any time, at our discretion. We may remove any product from this website, irrespective of whether such product has been sold or not, and modify any material or content on the website.
6. Right to withdraw from purchase
When contracting, as a consumer you can cancel the Contract at any time within seven days from the Confirmation of Shipment of your order. In this case, you will be refunded the price of the products in accordance with our Returns Policy (see Clause 8). You must also include all product instructions, documents and packaging. No refunds will be given until the Products have been received and their conditions have been checked.
Without prejudice to the provisions of Clause 4 above and unless extraordinary circumstances occur, we will try to send the order within 24 to 72 hours after receipt. The possible delay may be due to the following reasons: items not available in stock, customization of products, specialized items, delivery area or unforeseen circumstances. In any case, please note that deliveries are not made on Saturdays or Sundays. in order to comply with the delivery, will be given the option to proceed with a new delivery date or cancel the order, with full refund of the price paid. For the purposes of these Conditions, it shall be understood that the “delivery” has taken place or that the product(s) have been “delivered” at the time of receipt of the same at the indicated delivery address.
8. Impossibility of delivery
If after two attempts it is impossible to make the delivery, the courier company will try to find a safe place to leave the package. They will leave you a note explaining where your package is and how to pick it up. If you are not going to be at the place of delivery at the agreed time, please contact our courier company to arrange delivery at another time.
9. Transfer of risk and ownership
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery, if this takes place at a later time.
10. Price and payment
The price of the products will be the one stipulated at all times on our website, except in the case of manifest error. Although we try to ensure that all prices on the page are correct, errors may occur. If this happens and you have placed an order, we will contact you so that you can cancel the order or decide to continue with it. Prices may change at any time. the entire payment process is through Paypal. If you do not have a Paypal account you will also be allowed to make payment by credit or debit card through that platform.
11. Value added tax
In accordance with current legislation, all purchases made through this website will be subject to Value Added Tax (VAT).
12. Exchange and/or Returns Policy
If you wish to cancel the Contract within the period indicated in Clause 8 above, you may return the goods by contacting us at firstname.lastname@example.org. You must deliver the merchandise in the same package in which it was received, following the instructions that we will send you. You will be responsible for the cost of returning the products to us. Please note that if you decide to return the items to us freight collect we will be entitled to charge you for any expenses we may incur.return the item using or including its original packaging, as well as any instructions, documentation and packaging that may accompany it. After examining the item we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within thirty days of the date on which we notify you of our acceptance of your return. The refund will be made by the same means of payment used to pay for the purchase. We will not exchange or return products that are not in the same condition in which they were shipped, or that have been used beyond the mere opening of the packaging. Changes can only be made for the same item in a different size or color.
13. Returns of defective products
In the cases in which you consider that at the time of delivery the product does not conform to the provisions of the Contract, you must contact us immediately in the email email@example.com, providing the data of the product as well as the damage it suffers and we will tell you how to proceed. In order to return the product, we will send a courier to your home. We will proceed to carefully examine the returned product and will inform you by e-mail within a reasonable time if the return or replacement of the same (if any). The return or replacement of the item will be made as soon as possible and, in any case, within 30 days of the date of the email confirming that the return or replacement of the item. The amounts paid for those products that are returned because of any tare or defect, when it really exists, you will be refunded in full, including delivery costs necessary to deliver the item. The return will be made in the same means of payment that was used to pay for the purchase.
14. Liability and disclaimer of liability
Our liability in relation to any Product purchased on our website shall be strictly limited to the purchase price of such Product. Nothing in these Purchase Conditions excludes or limits our liability in any way:
1. In case of personal injury caused by our negligence;
2. In case of fraud or fraudulent misrepresentation; or
3. Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, we shall not accept any liability for consequential damages arising as a secondary effect of major loss or damage, occurring in any way, whether caused by wrongful actions (including negligence), breach of contract or otherwise, even if foreseeable.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 security of information transmitted or obtained through this website unless expressly stated otherwise on the website. All product descriptions, information and materials contained on this website are provided “as is” and without express, implied or otherwise implied warranties. To the extent possible as permitted by law, we exclude all warranties except those that cannot be legitimately exercised against consumers. The provisions of this clause shall not affect your statutory rights as a consumer or your right to withdraw from the Contract.
15. Intellectual Property
You acknowledge and agree that all copyrights, trademarks and other intellectual property rights in the materials or content provided as part of this website are vested in us at all times or licensed to us for use. You may use such material only in the manner expressly authorized by us or licensed by us. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
16. Written communications
Applicable law requires that some of the information or communications we send you be in writing. By using this website, you agree that most communications with us are electronic. We will contact you by email 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 we send you electronically comply with legal requirements. This condition will not affect your statutory rights.
The notifications you send us should preferably be sent through our contact form. In accordance with the provisions we may send communications either to e-mail or to the postal address provided by you when placing an order. Notifications will be deemed to have been received and properly made 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will be sufficient in the case of a letter that is certified, and in the case of an email that was sent to the email address specified by the recipient.
Si alguna de las presentes Condiciones o alguna disposición de un Contrato fuesen consideradas inválidas, ilegales o inejecutables en alguna medida por la autoridad competente, se separarán de las restantes condiciones y disposiciones que seguirán siendo válidas en la medida en que así lo permita la ley.
18. Assignment of rights and obligations
The Contract between us is binding on both parties. You may not transfer, assign, encumber or otherwise transfer a Contract or any of your rights or obligations under it without our prior written consent. We may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of our rights or obligations under it to or for us at any time during the term of the Contract. For the avoidance of doubt, such transfers, assignments, encumbrances or other transfers shall not affect your rights as a consumer, recognized by law or otherwise void, reduce or limit the express or implied warranties we may have given you.
19. Events beyond our control
We shall not be liable for any failure or delay in performing any of our obligations under a Contract arising out of events beyond our reasonable control (“Force Majeure”). Causes of Force Majeure shall include any act, event, failure to act, omission or accident beyond our reasonable control and shall include but not be limited to the following:
1. Strikes, lockouts or other vindictive actions.
2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of use of trains, boats, airplanes, motor transports 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 other governments.
7. It will be understood that our obligation to comply will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to comply with our obligation for the duration of such period. We will take all reasonable steps to terminate the Cause of Force Majeure or to find a solution by which we may perform our obligations under the Contract notwithstanding the Cause of Force Majeure.
If, during the term of a Contract, we fail to insist upon strict performance of any of our obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies that we are entitled to exercise or bring under such Contract or these Conditions, such failure shall not constitute a waiver of such rights or remedies or relieve you from such obligations. Any waiver by us to enforce performance shall not constitute a waiver by us to enforce subsequent performance. No waiver by us of any of these Terms shall be effective unless expressly stated to be a waiver and communicated to you in writing in accordance with the provisions of the foregoing notice item.
22. Integrity of the contract
These Conditions and any documents expressly referred to herein constitute the entire agreement between us in relation to the subject matter of the Contract and supersede all prior agreements, understandings or promises made between us, whether orally or in writing. We both acknowledge that we have agreed to enter into this Agreement without relying on any statement or promise made by the other party or which may be inferred from any statement or writing in the negotiations entered into by the two of us prior to such Agreement, except as expressly referred to in these Conditions. Neither you nor we shall have any remedy against any untrue statement made by the other party, oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract in accordance with these Conditions.
Our Right to Modify These Terms and Conditions
We have the right to revise and modify these Terms at any time. You will be subject to the policies and Conditions in effect at the time you place each order, unless we are required by law or governmental decision to make changes to those policies, Conditions or Privacy Statement, in which case any changes will also affect orders previously placed.
24. Comments and SuggestionsYour comments and suggestions are welcome. Please send us your comments about the shopping experience or our products via the contact form.