Terms & Conditions

CONDITIONS OF USE AND PURCHASE

 

1. INTRODUCTION

 

This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (www.tuga.ad) and the purchase of products in it (hereinafter, the "Conditions" ). Please read carefully these Conditions, our Cookies Policy and our Privacy Policy (together, the "Data Protection Policies") before using this website. By using this website or placing an order through it, you consent to be bound by these Conditions and our Data Protection Policies, so if you do not agree with all the Conditions and the Protection Policies of Data, you should not use this website.

These Conditions may be modified. It is your responsibility to read them periodically, since those that are valid at the time of placing orders or in the absence of these will be applicable, at the time of use of the website they will be applicable.

If you have any questions related to the Conditions or the Data Protection Policies 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 denomination "Tugga Designs s.l", Spanish company with address in Calle Galileu, 317 - ESC A ENT PTA 4, Registered in the Mercantile Registry of Barcelona and NIF B66497512

 

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data that you provide about you will be treated in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of said information and data and declare that all the information or data that you provide us are true and correspond to reality.

 

4. USE OF OUR WEBSITE

By making use of this website and placing orders through it, you agree to:

i. Make use of this website only to make queries or legally valid orders.

ii. Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.

iii. Provide us with your email address, postal address and / or other contact information in a truthful and accurate manner. Also, you 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. AVAILABILITY OF THE SERVICE

The articles offered through this website are only available for shipment to Spanish territory.

 

6. HOW TO MAKE AN ORDER

To place an order, you must follow the online purchase procedure and click on "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Also, we will inform you by email that the product is being shipped (the "Shipping Confirmation").

 

7. AVAILABILITY OF THE PRODUCTS

All orders are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will reimburse you for any amount that you may have paid.

 

8. DELIVERY

Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will send the order consisting of the related products / s in each Confirmation of Shipment within the period indicated on the website according to the shipping method selected and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

If for some reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. Please note, in any case, that we do not deliver at home on Saturdays or Sundays, except in the case of the virtual gift card, which will be delivered on the date indicated by you.

For the purposes of these Conditions, it will be understood that the "delivery" has taken place or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires the material possession of the products, which is Accredit by signing the receipt of the order at the delivery address agreed.

 

9. DELIVERY IMPOSSIBILITY

If it is impossible for us to make the delivery of your order, we will try to find a safe place to leave it. If we can not find a safe place, your order will be returned to our warehouse. Also, we will leave you a note explaining where your order is and how to make it to be sent to you again. If you are not going to be at the place of delivery at the agreed time, we kindly ask you to contact us to arrange delivery on another day.

In the event that 15 days have elapsed since your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you want to cancel the contract and we will consider it resolved. As a result of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional expenses resulting from the choice of a different mode of delivery than the least expensive delivery method). ordinary we offer) without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract terminated. Please bear in mind that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.

 

10. TRANSMISSION OF RISK AND PROPERTY

The risks of the products will be at your charge 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, including shipping costs, or at the time of delivery (according to the definition contained in clause 9 above), if this took place at a later time.

 

11. PRICE AND PAYMENT

Prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Purchase - Shipping Guide.

Prices may change at any time, but (except as stated above) the possible changes will not affect the orders with respect to which we have already sent an Order Confirmation.

Once you have selected all the items you want to buy, these will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling or checking the information that is requested in each step. Also, during the purchase process, before making the payment, you can modify the data of your order. You have a detailed description of the purchase process in the Purchase Guide. In addition, if you are a registered user, you have a detail of all the orders made in the My Account section.

You can use Visa, Mastercard, American Express and Affinity Card and PayPal as a means of payment.

To minimize the risk of unauthorized access, your credit card information will be encrypted. Once we receive your order, we will pre-authorize your card to ensure that12. TAX ON ADDED VALUE AND BILLING

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.

In the orders with destination to 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 taxes and duties in accordance with current regulations in each of these territories.

You expressly authorize us to issue the invoice electronically, although you may indicate at any time your willingness to receive a paper invoice, in which case, we will issue and send the invoice in that format.

 

12. TAX ON ADDED VALUE AND BILLING

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.

In the orders with destination to 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 taxes and duties in accordance with current regulations in each of these territories.

You expressly authorize us to issue the invoice electronically, although you may indicate at any time your willingness to receive a paper invoice, in which case, we will issue and send the invoice in that format.

 

13. RETURN POLICY

 

 

13.1 RETURNS FOR CHANGE OF SIZE

 

If you have decided to return a product to change for another size, as long as it is the same product, of equal or greater cost (you will have to pay the difference) you can not use it and you must keep it with caution while it remains in your possession. The Product that you return to us can not present damages and must be in the same state in which you purchased it. Keep in mind that you must return the product with the label intact bar code. The products must be returned new, unused and complete and in the same condition in which you received them.

 

To do this, you must send your product to xxxxxxxxxxxx address ... by ... completing the return form for change of size within 14 days after receipt, along with the invoice included in the package as proof of the purchase made. The cost associated with the return of the product to Tugga and the cost of shipping the new product will be borne by you.

 

13.2 RIGHT OF WITHDRAWAL

 

You have the right to withdraw from the contract at any time within a period of 14 (FOURTEEN) calendar days, counting from the day you received the product (s), without needing to indicate any reason. In this case, you will receive a full refund of the price paid for the product in accordance with our Return Policy.

 

The cancellation period will expire 14 (FOURTEEN) calendar days after the date on which you or a third party (with your consent) has obtained the physical possession of the product (s).

 

To exercise your right to withdraw from the contract, you can use the model of withdrawal form available here, although such procedure is not mandatory. You can also inform us electronically through our Contact web page, filling in the web form (choose the issue RETURNS - I wish to withdraw from my contract). If you opt for this option, we will immediately send you an acknowledgment of receipt of your withdrawal in a durable medium (for example, an email).

 

To comply with the terms of withdrawal of the contract, it is enough that you send us your communication informing us about the exercise by you of the right of withdrawal prior to the expiration of the indicated period.

 

 

13.3 EFFECTS OF WITHDRAWAL

 

If you withdraw from this contract, we will reimburse you for all payments you have made, including initial shipping costs, but you will bear the costs

You will have a legal obligation to care for the product (s) in a reasonable manner while you are in your possession. If you breach this obligation, we will have rights to claim compensation. You will only be responsible for any decrease in the value of the product (s) resulting from handling other than that established to determine the nature, characteristics and operation of the product (s).

 

We will apply a discount on the amount of the reimbursement for the loss of value suffered by any product supplied, if this loss is due to unnecessary manipulation on your part.

 

We will make the refund without incurring undue delays, no later than:

 

• 14 (FOURTEEN) days from the date of receipt of the return of any product;

• 14 (FOURTEEN) days from the date on which you prove that you returned the product (s) (if it takes place at a previous date); or

• If the product (s) has not been supplied, 14 (FOURTEEN) days from the date you inform us of your decision to withdraw from the contract.

 

We will make the refund using the same form of payment used by you to carry out the initial transaction, unless you have expressly agreed otherwise. In any case, you will not incur expenses derived from said refund.

 

We may withhold reimbursement until we have received the product (s) or until you have provided us with proof of the return of the product (s), whichever occurs first.

 

You must return the product (s) or deliver it (s) to: xxxxxxxxxx, without incurring undue delays and, in any case, no later than 14 (FOURTEEN) days following the date on which you communicated the withdrawal on your part of the contract. You will have met the deadline if you send the products prior to the expiration of the mentioned period of 14 (FOURTEEN) days.

 

13.4 RETURN OF DEFECTIVE PRODUCTS OR WITH TARE

 

If you are not satisfied with any of the purchases made and consider that the product purchased has a defective state due to a factory fault, you should contact us through our contact form (select the subject: PRODUCT RECEIVED - my article It is defective). Provide as much information as possible about the product and the order placed.

If you are a customer and you return a defective Product (you must make the return by postal mail ?????? O), we will examine it and inform you via email within a reasonable period of time about the refund that we will make in your favor. We will process the return as soon as possible and, in any case, within 30 days after having confirmed via email your right to be reimbursed. Products returned for being defective will be reimbursed in full, including shipping costs and the cost incurred by you to make the return.

 

 

14. RESPONSIBILITY LIABILITY EXEMPTION

Except as expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

However, and barring legal provision to the contrary, we will not accept any liability for the following losses, regardless of their origin:

a.- loss of income or sales:

b.-loss of business;

c. loss of profit or loss of contracts;

loss of expected savings;

loss of data; Y

f. Loss of management time or office hours

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 the information transmitted or obtained through this website unless it is established expressly the opposite in it.

All descriptions of products, information and materials that appear on this website are provided "as a true body" and without express or implied warranties on them except those established by law. In this sense, if you hire as a consumer and user, we are obliged to deliver items that are in accordance with the contract, responding to you of any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this website, (ii) are suitable for the uses to which the products are ordinarily intended. of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected.

Some of the products we sell can present the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in veins, texture, knots and color, will not be considered defects or defects. On the opposite, it will count with your presence and appreciate it. We only select products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

 

15. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark and other rights of industrial and intellectual property over the materials or content provided as part of the web page correspond to us at all times or to those who granted us a license for its use. You may make use of such material only in the form in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact information.

 

16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. You will not try to have unauthorized access to this web page, to the server in which said page is hosted or to 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 entail the commission of infractions typified by the applicable regulations. We will report any breach of this regulation to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically damaging or harmful to your computer, computer equipment, data or materials as a result of using this website or of the download of contents of the same or those that it redirects.

 

17. LINKS FROM OUR WEB AGE

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

 

 

18. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send to you be in writing. By using this website, you agree that most of those communications with us are electronic. We will contact you by email or we will provide information by posting notices on this web page. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

 

19. NOTIFICATIONS

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 20 above and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you at the time of placing an order.

It will be understood that notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after sending an email, or three days after the date of postage of any letter. 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 properly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

 

20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding both for you and for us, as well as for our respective successors, assignees and assignees. You may not transfer, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.

We may transfer, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, have been recognized by law or will annul, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted him.

 

 

21. EVENTS OUTSIDE OF OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control ("Cause of Force Majeure").

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

a.Huelgas, lockouts or other protest measures.

b. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.

c.Incendio, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

d.Impossible use of trains, boats, airplanes, motor transport or other means of transport, public or private.

e.Impossibility of using public or private telecommunications systems.

f.Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill those obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations despite the Cause of Force Majeure.

 

22. WAIVER

The lack of requirement on our part of the strict compliance on your part of any of the obligations assumed by you under a contract or of these Conditions or the lack of exercise on our part of the rights or actions that could correspond to us of said contract or of the Conditions, shall not imply waiver or limitation in relation to said rights or actions nor shall it exempt you from complying with such obligations.

No waiver on our part of a right or concrete action will imply a waiver of other rights or actions derived from a contract or the Conditions.

No waiver by us of any of these Conditions or rights or actions arising from a contract shall take effect, unless it is expressly established that it is a waiver and formalized and communicated to you in writing in accordance with the provisions in the section of Notifications above.

 

23. PARTIAL NULLITY

If any of these Conditions or any provision of a contract were declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

 

24. COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the purpose of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written.

You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two before it, except that which is expressly mentioned in these Conditions.

Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless that fraudulent statement was made uncertain) and the only action available the other party will be for breach of contract in accordance with the provisions of 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 force at the time you use this website or make each request, unless by law or decision of government agencies we should make changes retroactively in those policies, Conditions or Privacy Statement, in whose case, the possible changes will also affect the orders that you had previously made.

 

26. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and product purchase contracts through said website will be governed by Spanish legislation.

Any controversy that arises or relates to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are hiring as a consumer, nothing in this clause will affect the rights that are recognized by current legislation.