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TERMS AND CONDITIONS OF ELECTRONIC SALE
One. Scope of application
These Terms and Conditions govern the purchase of products and services conducted remotely via Internet from the website managed by the Company.
The Terms and Conditions of Sale shall apply to all deliveries effected by TRANSCORTANA S.L. or on behalf of its website www.cortana.es, except when different conditions are laid down in Special Offers.
Two. Acceptance of the Terms and Conditions of Sale
2.1. By an e-mail confirming their purchase order, the Customer unconditionally accepts the general conditions and payment terms, undertakes to abide by them in their dealings with the virtual shop, declares that they have read, and agree to, all the terms of the aforesaid regulations, and also acknowledges that the virtual shop is itself only linked to the conditions previously established in writing[BD1] .
2.2. The sale and delivery of products by TRANSCORTANA, S.L. and its divisions, subsidiaries and affiliated companies (hereafter ‘CORTANA’) are subject to these terms and conditions (the ‘Conditions’), and the agreement between the Customer and CORTANA, governed by these Conditions, shall be described as the ‘Agreement’, without giving effect to any other conditions that may be contained in any order form, document or other communication ( ‘Order’) that would modify, alter or infringe the terms of this Agreement. No term or condition included in any other pre-printed document of the Customer, such as Orders or Confirmations, shall alter or complement the terms of this Agreement, even when CORTANA has not contested such additional or controversial terms.
Three. The Customer’s Obligations
3.1. Customers visiting this site and the virtual shop should read the ONLINE Terms and Conditions of Sale before confirming their purchases. The sending of the order confirmation therefore implies a complete knowledge and acceptance of these Terms and Conditions of Sale. In order to comply fully with Spanish Law, the Customer agrees that, once the on-line purchase process has been completed, they will print and keep these Terms and Conditions of Sale, having previously read and accepted them during the purchasing process.
3.2. The Customer shall be solely liable for, and shall exonerate CORTANA from, any harm resulting from the improper use, storage, holding or handling of the Products, particularly when the relevant indications, warnings or instructions provided by CORTANA have not been observed.
3.3. Any information about the Products (including, for example, instructions and technical or any other type of advice, advertisements, technical specifications, information about the products’ functions, their classification for the purpose of export and import controls, their uses or conformity with legal or other requirements) is provided by CORTANA ‘as is’, without CORTANA’s assuming any responsibility or offering any guarantee for the same. This information is not part of the properties of the Product. CORTANA makes no statements and issues no guarantees as to the accuracy or completeness of the Product Information, and DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO ANY PRODUCT INFORMATION. CORTANA encourages its Customers to verify any information about the Product prior to any use and before taking any action which relies on the said information. All Product information is subject to change without notice. CORTANA assumes no responsibility for typographical or other errors, nor for any omissions in the product information.
Four. Placing an order in the virtual shop
The Customer purchases the products available as described ONLINE in the relevant descriptive and technical specifications, at the price VAT INCLUDED. Before confirming the purchase, the Customer will receive a summary including the unit cost of each pre-selected product, or the total cost when purchasing more than one product. On confirming the purchase, and upon completion of the transaction, the Customer will receive information including the Number, Date and Total Cost of their Order and a shipping number or key by which they can track and monitor its status.
5.1. Payment for products purchased and the related costs of despatch shall be made by the Customer when sending the order confirmation, via PayPal, credit card or debit card.
5.2. If receipt of payment is not confirmed by a financial institution, the order will not be taken into consideration.
5.3. In case of total or partial non-payment of the price of any Products ordered by the due date, and pursuant to Article 5 of Law 3/2004 of December 29, the amount due and unpaid shall accrue default interest without need of any notice or notification from CORTANA, and the Customer shall be liable for the costs of return incurred by CORTANA. Furthermore, CORTANA shall be empowered to suspend or cancel any outstanding delivery of Products to the Customer while a payment is overdue and claimable, or to require a pre-payment for any new order.
Six. Availability and Delivery of Products
6.1. Our warehouse is the place to which all orders are delivered. The delivery date shall be the date when payment is made or when the goods are ready for delivery / despatch.
6.2. Deadlines for deliveries are approximate, and no claims for damages are envisaged in case of delay. Consignments of garments from the Prêt-à-Porter and Tul collections will be delivered within approximately 5-10 business days. Wedding dresses are made to order, and the delivery time is approximately 3 weeks.
7.1. The Products are sent with carriage paid and charged on the purchase invoice.
7.2. The Customer is not entitled to indicate the means of transport by which they wish to receive the Products, which will be sent by whatever means the Company considers appropriate.
7.3. When the order leaves CORTANA’s warehouse, the Customer will receive an informative e-mail with a tracking number of the carrier.
7.4. Transport costs will vary, and will depend on weight, volume and despatching country.
7.5. The Customer can and should consult the current transport charges, for which the Customer is solely liable, thus exempting CORTANA from the need to make any claim.
7.6. Cortana’s online store sells to the following countries: Austria, Bulgaria, Belgium, Canada, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Jordan, Qatar, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Norway, Netherlands, Poland, Portugal, United Kingdom, Slovenia, Spain, Slovakia, Slovenia, Saudi Arabia, Sweden, Switzerland, United States, United Arab Emirates.
-Cortana does not currently ship to these specific areas: Ceuta, Melilla or the Canary Islands (Spain), island of Helgoland and the city of Büsingen (Germany), Faroe Islands and Greenland (Denmark), Aland Islands (Finland), Mount Athos (Greece), San Marino, Livigno, Campione and Italian waters of Lago di Lugano (Italy), Channel Islands and Gibraltar (United Kingdom).
-Depending on the country the shipping costs will vary.
-Remember that customs duties / taxes may apply to countries out of the European Union.
-For more information on Customs and Import charges we would recommend contacting your local customs office before placing your order.
7.7 The client is responsible for the payment of any customs taxes applied to the shipment coming from Spain.
8. What should you do on receipt of your consignment?
8.1. Verify that the consignment has been received.
8.2. Verify that the Product is what you have ordered and that it is free of apparent damage. If everything is in order, accept the delivery.
8.3. If the Product is not what you ordered, or if it appears to have external damage, then refuse the delivery after indicating the problem.
8.4. Send an e-mail to firstname.lastname@example.org within the following two business days, with a description of the problem.
9.1. By placing an order in the online shop, the Customer accepts these legal conditions. No stipulation made by the Customer may differ from those of the online shop unless expressly accepted in advance, in writing, by the online shop.
9.2. An order does not become definitive until it is accepted by the online shop.
9.3. CORTANA shall not be liable to pay any damages (compensation) in case of defective Products unless expressly made liable by the applicable law, as in cases of death or bodily injuries. Thus CORTANA shall not be liable for indirect damage, loss of earnings, loss of production or loss of profits.
9.4. In any case, should CORTANA be liable to pay damages (compensation) to the Customer, then they shall be limited to an amount equal to the value of the Product that caused the material damage, unless an applicable mandatory law imposes a greater amount on CORTANA.
10.1. The published prices are valid except in cases of typographical errors or lack of stock. The prices shown are VAT INCLUDED for the European Union, and VAT EXEMPTED for the United States. Shipping costs are NOT included.
10.2. Prices are with the material placed in our CORTANA warehouse, and in no case do they include taxes or the cost of transport. The packaging is included in the price unless otherwise stated.
10.3. CORTANA reserves the right to modify the sale price of the Products at any time. A price increase will not affect orders in progress that have been previously accepted by CORTANA. If a Customer places an order for a Product with an incorrect price, then CORTANA shall notify the correct price and, when applicable, its agreement to processing the order, provided that the Customer expressly confirms it (with the correct price) in the two days following.
10.4. Prices are subject to change at any time. Prices represent the value of the Products only, and do not include taxes or shipping charges, freight, customs duties, or any other charges or costs, such as those for special labelling or packaging of the Products, permits, certificates, Customs declarations and registrations (collectively, the ‘Additional Charges’). The Customer is liable for the Additional Charges.
10.5. Prices on this website are in Euros.
10.6. Customers whose countries of residence operate in a currency other than the Euro should be aware that the financial institutions who are in charge of the means of payment and authorised by the online shop always take the equivalence for payment. If for reasons outside CORTANA’s control this does not happen, and there is an exchange difference, CORTANA will warn the Customer, because the order will not be taken into account until payment is totally settled in Euros.
Eleven. Terms of payment
The products and services will be paid for by PayPal, credit card or debit card as long as they are implemented on the Website, operational and accessible. Similarly, the online shop guarantees that the European law will be complied with in respect of the security measures that are necessary when providing banking data.
Twelve.Treatment of Personal Data
In accordance with the current legislation governing the protection of personal data, the online shop informs the User of the existence of an automated file of personal data of the users (Customers) who enter their data into the Corporate Website, which has been created for the purpose of carrying out tasks of information, training and promotion of the services of the online shop. The online shop also informs you of the possibility of exercising your rights of access to, rectification of, cancellation of, and opposition to the personal data included in the said file. The online shop is committed to fulfilling its obligation to keep personal details secret, and will take the measures that are necessary to avoid their alteration, loss, unauthorised processing or access, at all times taking into account the current state of technology.
13.1. The online shop will not despatch any product until the Distribution Department has ensured that payment has been made in full.
13.2. Delivery will be considered completed as soon as the transport company has handed the product over to the Customer and the addressee has signed the delivery docket. The Customer will be responsible for checking the products at the time of receipt and for lodging any complaint or comment that may be justified through the e-mail address of the Website.
13.3. Delivery times are scheduled by the online shop, and the online shop will endeavour to respect them. However, a delay shall not entail cancellation of the order or compensation of any description. Any penalty clause for late delivery imposed by the Customer shall be null and void.
13.4. The selection of despatch method and means of transport in respect of the Products shall be at the reasonable discretion of the online shop. However, in case of a transport failure outside the control of the online shop, it reserves the right to forward the Products by whatever means it considers appropriate , when that is necessary to the honouring of its commitments.
13.5. Delivery times are listed for each product, but may be subject to availability of dates or stock.
13.6. Any change in the date of delivery by the Customer must be expressly accepted by CORTANA.
13.7. In case of the Customer’s failing to pay any outstanding amount at its maturity, or if the Customer becomes insolvent, CORTANA reserves the right to interrupt the delivery of the Products ordered, without incurring any liability.
13.8. Delivery of the products will be completed in one step, because of their nature, unless otherwise agreed by the Customer.
13.9. CORTANA shall deliver the Products in accordance with INCOTERMS and the terms agreed with the client.
13.10. Unless otherwise stated by CORTANA in writing, all deliveries of Products will be CPT- INCOTERMS 2010 (Carriage Paid To agreed place of destination). Risk and loss are transferred to the Customer at the time of handing over the Products to the transporter. Any delivery date provided by CORTANA shall be understood only as an estimate, as it depends on the timely receipt of supplies. CORTANA shall not be liable for any delay in delivery. CORTANA reserves the right to make partial deliveries, in which case the Customer shall accept such delivery and pay for the Products delivered. Delay in the delivery of any part of an Order shall not confer on the Customer the right to cancel the other deliveries.
Fourteen. Claims and Returns
14.1. Any claim for damage to the goods shall be notified to us within the 48 Spanish business hours following receipt of the consignment, so that the relevant claim may be made on the carrier.
14.2. In the event of a return due to an incorrect despatch, or for reasons attributable to CORTANA, ‘freight collect’ consignments will not be accepted. Our firm will handle the necessary arrangements, both to withdraw the wrong merchandise and to replace it with the correct goods.
14.3. Any claim for non-delivery or mistaken delivery shall be notified within 48 Spanish business hours of the date of despatch.
14.4. The customer is not entitled to apply for reimbursement when the error / defect has not been reported by e-mail to the Customer Service Department at email@example.com within 48 Spanish business hours of receipt of the order.
14.5. The products supplied by CORTANA shall be used exclusively as indicated by their manufacturer. The Customer shall be solely liable for the consequences that may arise from the use of the products supplied.
14.6. Claims for damages by the Customer are expressly excluded, in the absence of gross negligence or willful misconduct.
14.7. By signing the delivery note at the time of delivery, the Customer agrees that the quantity received in respect of a product order is correct. CORTANA will not accept any liability if the Customer does not claim a possible defect in quantity or quality within the stipulated period after the delivery of the Products.
14.8. The Customer shall inspect the Products as soon as possible after receiving them to verify that they correspond to the order, and that there are no apparent or latent defects. In every case, after receipt of the Products, the Customer shall have a period of 15 days in which to report to CORTANA any difference between the Products delivered and those requested, or any apparent defect.
14.9. The returned Products should be in the same condition as they were when they were delivered, new and unused, and with all accessories and labels intact.
14.10. CORTANA does not accept exchanges or returns when the Customer fails to select the appropriate size or color of the Product.
14.11. When making refunds to the Customer, CORTANA shall refund the Customer within a fixed period and in the same way in which the purchase was made, using the same service provider (PayPal, Visa, MasterCard, etc.). CORTANA is not liable for the administrative time taken by the aforementioned service providers.
14.12. Article 10.6 of the present Terms and Conditions of Electronic Sale shall be considered MUTANDIS MUTATIS when CORTANA reimburses in a currency other than the Euro.
14.13. The procedure and steps to be followed by the Customer for returns appear in the e-mail confirming the despatch and in the delivery note, because they vary depending on the provider of the delivery service and the country of destination.
14.13. The Customer is liable for the return shipping costs, which will be deducted from the reimbursed amount after acceptance of the return.
15.1. CORTANA guarantees the quality and reliability of the Products. Such warranty is not effective when the goods are modified, altered or dismantled, because the Customer is responsible for any modification.
Sixteen. Final Clarification
16.1. To the extent permitted under the applicable law, neither CORTANA nor its employees or agents shall be liable, and the Customer shall not be entitled to claim, for any indirect, special, occasional or consequential damage, nor for any emerging damage or loss of profit that could occur; for example, they shall not be held responsible for reductions in profits or income, loss of data, interruption of use, reprocessing, additional manufacturing costs, damage to reputation or loss of customers. To the extent permitted under the applicable law, and only in the event of direct damage being caused, CORTANA shall compensate the Customer with an amount that will never exceed the original price of the Product in question. When the applicable law does not consider such liability limitations, CORTANA’s total liability for any incident shall never exceed 100 EUR or equivalent.
16.2. If you have questions please send us an e-mail to firstname.lastname@example.org. Our working hours are 9 a.m. to 6 p.m. (peninsular Spanish time), and we will answer any doubts you have about the purchasing procedure as quickly as possible.