GENERAL CONDITIONS

1. This document (together with all documents referred to herein) sets out the conditions governing the use of this website and the purchase of products from it (the "Conditions"). Please read these Terms, our Cookie Policy and our Privacy Policy (together, the "Data Protection Policies") 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 Conditions may be modified. It is your responsibility to read them periodically, as those in force at the time of placing orders or, failing that, at the time of use of the website will be applicable.
If you have any questions regarding the Conditions or the Data Protection Policy you can contact us through our contact form.
The contract may be formalized, at your option, in any of the languages in which the Conditions are available on this website.

2. OUR DATA
The sale of articles through this web page is carried out under the name ELBAULDEMUS, S.L., a Spanish company with its address in Bilbao, Gran Vía, number 42, registered in the Mercantile Registry of Vizcaya, in Volume 5546, Folio 120, Page BI 66322, registration 1 and CIF B-95808648.

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data you provide about yourself will be treated in accordance with the Data Protection Policies. By using this website you consent to the processing of such information and data and declare that all information or data provided to us are true and correspond to reality.

4. USE OF OUR WEBSITE
By using this website and placing orders through it you agree to:
Use this website only for legally valid inquiries or orders.
Do not place any false or fraudulent orders. If it can reasonably be considered that such an order has been made, we are entitled to cancel it and inform the relevant authorities.
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 Items offered through this website are available for shipment to any territory that the transportation services reach.

6. HOW TO ORDER
To place an order, you must follow the online purchase procedure and click on "Authorize payment". You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). We will also inform you by e-mail that the product is being shipped (the "Shipping Confirmation").

7. PRODUCT
AVAILABILITY All orders are subject to product availability. If there are any difficulties in supplying products or if there are no items left in stock or they are not handmade, we will refund any amount you may have paid.

8. ENTREGA
Salvo que se existan circunstancias derivadas de la personalización de los productos, o se produzcan circunstancias imprevistas o extraordinarias, le enviaremos el pedido consistente en los producto/s relacionados en cada Confirmación de Envío en el plazo señalado en la página web según el método de envío seleccionado y, en todo caso, en el plazo máximo de 7 días a contar desde la fecha de la Confirmación de Pedido.
Si por algún motivo no pudiésemos cumplir con la fecha de entrega, le informaremos de esta circunstancia y le daremos la opción de seguir adelante con la compra estableciendo una nueva fecha de entrega o bien anular el pedido con el reembolso total del precio pagado. Tenga en cuenta, en cualquier caso, que no realizamos entregas a domicilio los sábados ni los domingos.
A efectos de las presentes Condiciones, se entenderá que se ha producido la “entrega” o que el pedido ha sido “entregado” en el momento en el que usted o un tercero indicado por usted adquiera la posesión material de los productos, lo que se acreditará mediante la firma de la recepción del pedido en la dirección de entrega convenida.

9. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order será́ will be returned to our warehouse. We will also leave you a note explaining where your order is located and how to have it shipped back to you. If you are not going to be at the delivery place at the agreed time, please contact us to agree on another day.
If 15 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 all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us) without any undue delay and in any case no later than 14 days from the date on which we consider the contract terminated. Please note that transport resulting from the resolution may have an additional cost, so we will be entitled to pass on the corresponding costs to you.

10. TRANSMISSION OF RISK AND PROPERTY
The risks of the products will be borne by you from the time of delivery.
You will acquire ownership of the goods when we receive full payment of all amounts due in respect of the goods, including delivery charges, or upon delivery (as defined in clause 9 above), whichever is later.

11. PRICE AND PAYMENT
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Buying - Shipping Guide.
Prices may change at any time, but (except as stated above) any changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to buy, they will have been added to your basket and the next step will be to process the order and make payment. To do this, deberá́ follow the steps of the purchase process, filling in 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. A detailed description of the purchase process is available in the Purchase Guide. In addition, if you are a registered user, you have a detail of all orders placed in the My Account section.
You can use Visa, Mastercard, American Express and PayPal as payment methods.
To minimise the risk of unauthorised access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged as soon as your order leaves our warehouse. If your payment method is Paypal, the charge will be made at the time we confirm the order.
By clicking on "Authorize Payment" you are confirming that the credit card is yours.
Credit cards are subject to verification and authorization by the credit card company, but if the credit card company does not authorize payment, we will not be responsible for any delay or non-delivery and we cannot enter into any agreement with you.

12. VALUE ADDED TAX AND INVOICING
In accordance with the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
You expressly authorise us to issue the invoice in electronic form, although you may indicate at any time your wish to receive an invoice in paper form, in which case we will issue and send the invoice in that format.

13. RETURNS POLICY
13.1 Legal right to withdraw from the purchase
Right of withdrawal: The customer has, by law, 14 days to return the product from receipt of the same
13.2 Returns of defective products
In cases where you consider that at the time of delivery the product does not conform to the contract, you should contact us immediately by email ([email protected]) where we will tell you how to proceed.
You can return the product by delivering it to a courier that we will send to your home or by sending it to the address indicated on the ticket that you will receive with the product at the time of delivery.
We will proceed to carefully examine the returned product and we will inform you by e-mail within a reasonable period of time if the refund or replacement of the same (if applicable). 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 any defect or defect, where it actually exists, will be refunded in full, including delivery charges incurred to deliver the item to you and the costs you would have incurred to return it to us. The refund will be made by the same means of payment that was used to pay for the purchase.
In any case, the rights recognized by the legislation in force shall remain unaffected.

14. LIABILITY AND DISCLAIMER
Unless otherwise expressly provided in these Terms, our liability in respect of any product purchased from our website shall be strictly limited to the purchase price of that product.
However, unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin:
Loss
of income or sales: Loss of business; Loss of
profits or loss of contracts;
Loss of anticipated savings;
Loss of data; and
Loss of management time or office
hours. All product descriptions, information and materials contained in this website are provided "as is" and without any express or implied warranty of any kind except as provided by law. In this sense, if you contract as a consumer and user, we are obliged to deliver articles 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:
They conform to the description made by us and possess the qualities that we have presented on this web page; They
are suitable for the uses to which products of the same type are ordinarily destined; and, They
present the usual quality and performance of a product of the same type that can be reasonably expected.
The products that we sell because they are handmade products, can often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in grain, texture, knots and colour, shall not be considered as defects or blemishes. On the contrary, their presence should be counted on and appreciated. We only select the highest quality products, but natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.

15. INDUSTRIAL AND INTELLECTUAL
PROPERTY You acknowledge and agree that all copyright, trade mark and other intellectual property rights in the materials or content provided as part of the website belong at all times to us or our licensors. You may use such material only as expressly authorized by us or our licensors. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.

16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging programs or materials into the website. You shall 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 result in the commission of offences under the applicable regulations. We will report any breach of these regulations to the relevant authorities and cooperate with them in discovering the identity of the attacker. Also, in case of the open nature of this website and the possibility of errors in the breach of this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a denial of service attack, viruses or any other technologically harmful or damaging programs or materials that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.

17. LINKS FROM OUR WEBSITE
Where our website contains links to other websites and materials of third parties, such links are provided for information purposes only and we have no control over the content of those websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

18. WRITTEN
COMMUNICATIONS Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most such communications with us will be 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 any contracts, notices, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition shall not affect your statutory rights.

19. NOTIFICATIONS
The notifications you send us should preferably be sent through our contact form. In accordance with clause 18 above and unless otherwise stated, we may send you communications either by e-mail or to the postal address you provide when placing an order.
Notices shall be deemed to have been received and properly made at the time they are posted on our website, 24 hours after an email is sent, or three days after the postmark date of any letter. In order to prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered to the post office or a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.

20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us, as well as on our respective successors, assigns and assignees.
You may not transfer, assign, encumber or otherwise dispose of a contract or any of the rights or obligations under it without our prior written consent.
We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations under it at any time during its term. For the avoidance of doubt, any such transfer, assignment, encumbrance or other transfer shall not affect any rights that you, as a consumer, may have under the law, nor shall it negate, reduce or otherwise limit any warranties, whether express or implied, that we may make to you.

21. EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure to perform or delay in performance of any of our obligations under this Agreement where such failure or delay is due to events beyond our reasonable control ("Force Majeure").
Force Majeure Causes will include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and among others, the following:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster
Impossibility to use trains, ships, planes, motor transport or other means of transport, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations shall be deemed to be suspended for the period of time that the Force Majeure Event continues, and we shall have an extension of time to meet such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to terminate the Force Majeure Event or to find a solution that will allow us to fulfill our obligations despite the Force Majeure Event.

22. WAIVER
Failure by us to require you to comply strictly with any of your obligations under a contract or these Terms or to exercise by us any rights or remedies to which we may be entitled under such contract or these Terms shall not waive or limit any such rights or remedies or relieve you from any such obligations.
No waiver by us of any particular right or action shall be deemed a waiver of any other rights or actions arising under a contract or the Terms.
No waiver by us of any of these Terms or any rights or remedies under a contract will be effective unless expressly stated to be a waiver and made and communicated to you in writing in accordance with the provisions of the Notices section above.

23. PARTIAL
NULLITY If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of nullity.

24. ENTIRE
AGREEMENT These Terms and any documents expressly referred to in these Terms constitute the entire agreement between you and us in relation to the subject matter hereof and supersede any prior agreements, understandings or promises agreed between you and us either orally or in writing.
You and we acknowledge that we have consented to the conclusion of a contract 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 parties prior to the contract, except as expressly referred to in these Conditions.
Neither you nor we shall have any action against any untrue statement made by the other party, whether orally or in writing, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only action available to the other party shall be for breach of contract in accordance with 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 effect at the time you use this website or place each order, unless we are required by law or government agency decision to make changes retroactively to those policies, Conditions or Privacy Statement, in which case any changes will also affect orders you have previously placed.

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 in connection with 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 will affect your rights as a consumer under current law.