Terms of Service

 

Conditions of use and purchase

This document (together with all the documents mentioned therein) sets out the conditions governing the use of this website www.lacuna.shop and the purchase of products therein. Please read these Terms, our Legal notice, Privacy policy carefully before using this website. By using this website or placing an order through it you consent to be bound by these Terms and our Privacy policy, so if you do not agree to all the Terms you must not use this website.
These Terms may be modified. It is your responsibility to read them periodically, since the conditions in force at the time of conclusion of each Contract (as defined below) or in the defect thereof, at the time of use of the website will be those that apply to you.
If you have any questions regarding the Terms or the Data protection policy you can contact us through our contact form.


Use of the website

By using this website and placing orders through it you agree to:

  • Make use of this website only to make legally valid inquiries or orders.

  • Do not place any false or fraudulent orders. If such an order could reasonably be deemed to have been made, we shall be authorized 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 consent that we may use such information to contact you if necessary.
    If you do not provide us with all the information we need, we will not be able to place your order.

By placing an order through this website, you represent that you are over 18 years of age and have legal capacity to enter into contracts.

Service availability

The items offered through this website are available for shipment to Spanish, European territory and the rest of the world.

How the contract is concluded

To place an order, you must follow the online purchase procedure. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). The contract for the purchase of a product between you and us (the "Agreement") will be formalized only upon receipt of payment for your order.

Product availability

All product orders are subject to product availability. In this sense, if there are difficulties in the supply of products or if there are no items left in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you may order. If you do not wish to place an order for these replacement products, we will refund any amount you may have paid.

Transmission of risk and property

The risks of the products will be at your expense from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in connection with them.

Price and payment

The price of the products or services will be the one stipulated at all times on our website, except in case of manifest error. Although we try to make sure that all prices listed on the page are correct, errors may occur. If we discover an error in the price of any of the products or services you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be deemed cancelled and you will be refunded in full for any amounts that have been paid.

We will not be obliged to supply you with any product at the wrong lower price (even if we have sent you the Order Confirmation) if the error in the price is obvious and unequivocal and could reasonably have been recognized by you as a wrong price.

The prices of the website include VAT, but exclude shipping costs, which will be added to the total amount if applies.

Prices may change at any time, but (except as set out 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 purchase, they will have been added to your cart and the next step will be to process the order and make the payment. To do this, you will need to follow the steps of the purchase process, filling in or checking the information that you are asked for in each step. Also, during the purchase process, before making the payment, you can modify the details of your order. In addition, if you are a registered user, you have a detail of all orders placed in the My Account section.

Visa, Mastercard and PayPal cards can be used as a means of payment. Credit cards will be subject to checks and authorizations by the issuing entity, but if the entity does not authorize the payment, we will not be liable for any delay or non-delivery and we will not be able to formalize any Contract with you.

The collection, storage and transmission of personal information through the website is carried out in an encrypted way through the use of the SSL security protocol, an encryption system that provides total security in the transmission of data.

Buying as a guest

This website also allows purchase through the guest purchase functionality. In this mode of purchase, you will be asked only for the necessary data to be able to process your order. Once the purchase process is complete, you will be offered the possibility to register as an user or continue as an unregistered user.

Value-added tax

In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the goods or services shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory. The applicable VAT rate shall be the rate legally in force at any time depending on the specific article in question.

Intellectual property

You acknowledge and agree that all copyright, trademark and other intellectual property rights in the materials or content provided as part of the website are at all times ours or who licensed us to use them. You may use such material only in the manner expressly authorized by us or who licensed us to use it. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

Viruses, piratery and other computer attacks

You must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or harmful program or material into it. You will not attempt to have unauthorized access to this website, the server on which that page 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 lead to the commission of offences covered by the applicable legislation. We will report any breach of these regulations to the relevant authorities and cooperate with them to discover the identity of the attacker. In addition, in case of 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, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials such as result ing this website or downloading content from it or to which it redirects itself.

Links from our website

In the event that our website contains links to other websites and third-party materials, such links are provided for informational purposes only, without us having any control over the content of such websites or materials. Therefore, we accept no liability for any damage or loss arising from its use.

Written communications

Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most such communications with us are electronic. We will contact you by email or provide you with information by hanging notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that any contract, notice, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition will not affect your statutory rights.

Applicable law and jurisdiction

The use of our website and the contracts for the purchase of products through this website will be governed by Spanish law.

Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the jurisdiction of the courts and tribunals of Olot.

If you are contracting as a consumer, nothing in this clause will affect the rights recognized by applicable law as such.