Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Ubrique by Carlsson’ (hereafter also referred to as ‘We’ or the ‘Website’), a trade name belonging to the company Carlsson Trading S.L., a company governed by the Spanish law, with Spanish VAT number B93372928. Both parties accept these Terms and Conditions of Sale, hereafter also referred to as ‘Terms and Conditions’ unreservedly.
These Terms and Conditions apply to every offer made by Ubrique by Carlsson and to every contract that is made between you and Ubrique by Carlsson. Prior to the conclusion of a (distance) contract, the text of these Terms and Conditions will be made available to you. If this is not reasonably possible, Ubrique by Carlsson will indicate, before the contract is concluded, that the Terms and Conditions are available for inspection at Ubrique by Carlsson premises and that they will be sent free of charge to you, as soon as possible, at you request. If the contract is concluded electronically, then you will be provided with a link to the text of these Terms and Conditions electronically, before the contract is concluded, so that you can easily store them on a durable data carrier.
These Terms and Conditions are the only terms and conditions that shall apply and replace all other terms and conditions, except in the case of express, written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our Terms and Conditions of Sale. These Terms and Conditions of Sale are important to you and Ubrique by Carlsson as they are used to protect your rights as a valuable customer and our rights as a business.
Changes to the Terms and Conditions and the Website
Ubrique by Carlsson is a work in progress and, as such, things may change, be added or be taken away. We reserve the right to update the Website and these Terms and Conditions from time to time, at our discretion and without any notice. It is your sole responsibility to keep up-to-date with the latest Terms and Conditions by regularly checking back. Your continued use of the Website following the publication of updated Terms and Conditions will be taken to mean that you have read and agree to the changes.
Every offer is free from any obligations. Ubrique by Carlsson may revoke the offer even after it receives acceptance of such offer from you. Ubrique by Carlsson will not ‘hold’ any goods or make reservations. If an offer does conclude any engagement/obligation and/or is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
The contract will be concluded at the time Ubrique by Carlsson confirms your acceptance of the offer and the conditions thereby stipulated have been fulfilled.
Access to the Website
We work hard to ensure the Ubrique by Carlsson Website is always up and available, but we can’t guarantee that the Website will not be temporarily unavailable for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time, irrespective of the duration of this period.
Some areas of the Website require you to enter a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Ubrique by Carlsson by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and that you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must handle your account log-in information as confidential, not disclosing it to any third party and only using Ubrique by Carlsson in person. If you think there may have been any breach of security then it is your responsibility to immediately notify us and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, updated and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions.
Ubrique by Carlsson takes great care when displaying the information about our products, descriptions and images online but will not be held responsible for any mistakes or omissions in any information given.
The prices indicated are shown in Euros and are calculated including sales TAX (Spanish VAT 21%). The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but, if so, this will be indicated to you on the order when the order is placed. If an obviously incorrect price appears on our website and was not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
Unless agreed otherwise, you must make the payment prior to the completion of the order or at the completion at the latest. The moment of payment shall be considered to be the date on which the amount is credited to the Bank account. You are not entitled to ask for any discount or set-off when paying.
You cannot invoke any rights whatsoever in relation to the order before payment has been made. If payment is not made (in time) Ubrique by Carlsson are also entitled to suspend the execution of the current agreement and/or dissolve it in its entirety or in part without any notice of default being required.
In the event of non-payment or late-payment on your part, Ubrique by Carlsson has the right, subject to statutory limitations, to charge you reasonable costs, including (extra) legal costs.
All goods delivered to you shall remain property of Ubrique by Carlsson, regardless as to whether they have already been put into use or processed by you, until all sums that you owe Ubrique by Carlsson under the terms of the agreement have been paid.
We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and your payment made, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and the outstanding items will follow as soon as they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product. If your order includes customized products that have to be produced for you, the delivery time may vary and we will communicate the estimated delivery time when your confirmation of the order is made.
Ubrique by Carlsson currently offers two ways of paying for your order, by bank and PayPal. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Ubrique by Carlsson is charged as the seller, you are not charged as the buyer) so you will not pay any additional costs for your order. You do not need to hold an account with these merchants to use these methods of payments. Please refer to your bank or PayPal for full terms and conditions of use.
Your order will be delivered to the address you indicated when your order was placed. We do not deliver to PO Box addresses. The place of delivery is deemed to be the address that you provided Ubrique by Carlsson with. Ubrique by Carlsson does everything in its power to respect the delivery times agreed upon a/or indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third party contracted to make the delivery, or by you (for instance if supplying the wrong address), or because of some unforeseen event or Act of God. In the event of not receiving your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
The risk of damage (direct, indirect or circumstantial) and/or lost to/of the ordered products rests fully on you from the delivery (the moment you are or could be in possession of the products).
Right of Return
Ubrique by Carlsson allows you up to 7 days to return a product if you are not satisfied with it. Your right of return starts from the moment your order is received by you or a representative previously designated by you and communicated to Ubrique by Carlsson. You can return the product to us within this time frame, at your own expense, with your invoice.
We request that you send us the merchandise by registered post and that you purchase an insurance with your carrier for the value of the merchandise. This is necessary should they lose or damage the goods. Shipping fees remain the customer’s responsibility. The present right of return only applies to products that are returned in their original, and complete, conditions. Any product that has been damaged, if not in its original packaging, or has a packaging that has been worn beyond simply opening the product, will not be refunded.
If the product is returned within 7 days from its delivery, you will be reimbursed within 30 days.
In order to make use of this right of return, you will act in accordance with the reasonable and clear instructions that Ubrique by Carlsson provided when the offer was made and/or, at the latest, upon delivery.
You are precluded from the right of return if the product has been created by Ubrique by Carlsson in accordance with your specifications or if the product is clearly of a personal nature or cannot be returned due to their nature.
Complaints about exercising the contract must be submitted to Ubrique by Carlsson without delay, in their entirety and clearly defined, after you have discovered the defects. Claims will lapse if these are not submitted within three workdays from the moment a failure has arisen or could have reasonably been ascertained. Once this term has expired, any right to damages and/or repair of any irregularity shall lapse.
Privacy and protection of personal data
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Website, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you. You can at any time make a request to Ubrique by Carlsson to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.
All the content (illustrations, texts, names, brand names, logos, images, videos and designs) on the Website and on other means of communication that Ubrique by Carlsson, as well as the selection, coordination and organization of that content, are the property of Ubrique by Carlsson, its affiliates or any third party licensees. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by Ubrique by Carlsson. All the information, content and files are protected by Spanish national and International law concerning intellectual ownership and copyright and all use of this content that violates the rights held by Ubrique by Carlsson, its affiliates or any third party licensees is expressly prohibited. Ubrique by Carlsson will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
The site of Ubrique by Carlsson may contain hyperlinks (links) to other websites. Ubrique by Carlsson assumes no liability for any content or services offered by third parties, nor does it guarantee the technical availability, reliability, legality of any materials and information contained in linked websites. Likewise, the inclusion of a link does not imply any kind of association, fusion or participation of Ubrique by Carlsson with the holders and the content of any linked websites.
If the performance of the agreement is prevented or seriously hampered due to any circumstances beyond Ubrique by Carlsson’s control, its obligations shall be suspended. During the period in which Ubrique by Carlsson cannot fulfil its obligations because of such Force Majeure, you may not dissolve the agreement and Ubrique by Carlsson will not be liable to pay any damages.
Ubrique by Carlsson will undertake their obligations with due care and to the best of its ability, and in doing so will strive to achieve the best results possible and deliver good products. Ubrique by Carlsson gives no guarantee whatsoever.
Disclaimer of liability
You are responsible for the proper use of the goods delivered by Ubrique by Carlsson.
Ubrique by Carlsson shall not be held responsible and disclaims all liability for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), caused by using our products and/or caused by your access and use of the website, unless such loss and/or damages ensues from intentional acts or omissions or gross negligence on the part of Ubrique by Carlsson, its managing directors or executives.
Ubrique by Carlsson accepts no liability for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company) that is the consequence of defects in items supplied to Ubrique by Carlsson by third parties and which have been delivered by Ubrique by Carlsson to you, unless and in so far as Ubrique by Carlsson can claim such loss or damage from its supplier.
If none of the above mentioned limitations of liability applies, Ubrique by Carlsson liability shall be limited to the amount charged to you in the last year with respect to the order causing the damage, with a maximum of € 2 500.
Ubrique by Carlsson shall at all times be entitled to repair damages itself or have it repaired. Any right to the reparation of damages shall lapse if you fail to commence the legal proceedings within 6 months from the reception of the written notification of Ubrique by Carlsson definite rejection of the (alleged) claim.
Waiver and Severability
Any failure of Ubrique by Carlsson to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and Ubrique by Carlsson, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms and Conditions). If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent so that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Feedback & Comments
Any opinions given on the Website by Ubrique by Carlsson customers are screened and moderated by Ubrique by Carlsson. However, Ubrique by Carlsson is not responsible for the content. If the comments contravene the law or are inappropriate (abusive advertising, defamation, insults, comments out of context), Ubrique by Carlsson reserves the right to delete or modify them.
Applicable laws (choice of law and forum)
The relationship between you and Ubrique by Carlsson, including all contracts, shall in all respects be governed by the Spanish laws, regardless of the laws that might be applicable under principles of conflict of law. You and Ubrique by Carlsson agree that the courts located in the Spanish province of Malaga shall have exclusive jurisdiction over all controversies arising under this agreement.