These Terms and General Contract Conditions govern the use of the website www.craile.com and the purchase of products therein (hereinafter, the “Conditions”).
The Conditions may be modified at any time, and without prior notice, for legal or factual reasons, in all cases subject to the provisions of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSICE) and the rest of regulations that result from application.
It is the responsibility of the user to read the Conditions with periodicity and, in any case, before using or making a purchase on the website www.craile.com, since its validity will be that which is applicable at all times.
The website www.craile.com, which operates under the trademark CRAILE (European trademark registered with EUIPO – Number 017487513), is registered under the ownership of Carlos Ríos León, with N.I.F. 44051112-V and address in Oviedo (Asturias), Calle General Elorza 42, 5º A (33001). Henceforth, “CRAILE”.
The contact email is firstname.lastname@example.org
The user, when making use of the website www.craile.com and / or placing orders through it, undertakes to:
All information contained in the Conditions and on the website www.craile.com does not constitute an offer of sale, but an invitation to contract.
There will be no contract or legal link between the user and CRAILE, in relation to any product and / or service, until the order has been expressly accepted by CRAILE. If the offer is not accepted by CRAILE and a charge has been made to the user’s account, the amount thereof will be refunded in full.
Any order with delivery address located outside the Spanish mainland and the Balearic Islands, will be rejected during the online purchase process. So to place an order outside these territories, the user has to contact CRAILE at email@example.com.
To place an order, the user must follow the online purchase procedure and confirm the payment. Next, the user will receive an email acknowledging receipt of the order (“Order Confirmation“). This does not mean that the order has been accepted, since it constitutes an offer that the user makes to CRAILE to buy one or more products.
All orders are subject to the acceptance of CRAILE, of which the user will be informed through an email in which CRAILE will confirm that the product is being sent (“Confirmation of Shipment“). The contract for the purchase of a product between the user and CRAILE (the “Contract“) will be formalized only when the “Confirmation of Shipment” is sent.
Only those products related to the “Confirmation of Shipment” will be the object of the Contract. CRAILE will not be obliged to supply any product that could have been the object of an order until the shipment of the same is confirmed through the “Confirmation of Shipment“.
All product orders are subject to availability. In case of difficulties in the supply of products or if there are no items in stock, CRAILE reserves the right to provide information about substitute products of equal quality and / or superior value that the user may order. If the user does not wish to place an order for the substitute products, CRAILE will reimburse any amount that may have been paid.
In case of transient or temporary non-availability of products, CRAILE will enable an option for the user to be informed about its replacement in stock. To do this, the user must follow the procedure enabled for this purpose on the product detail page of the website www.craile.com.
CRAILE reserves the right to withdraw any product from the website www.craile.com at any time, and without prior notice, as well as remove or modify any material or content thereof. Due to very exceptional circumstances, there may be some legal situation that forces CRAILE to reject the processing of an order after having sent the “Order Confirmation“, so CRAILE reserves the right to do so at any time.
CRAILE is not liable to the user or to any third party for the fact of withdrawing any product from the web www.craile.com, regardless of whether said product has been sold or not. Likewise, CRAILE is not liable for the effects derived from removing or modifying any material or content of the website www.craile.com or for denying the processing of an order once the “Order Confirmation” has been sent.
Without prejudice to the conditions of availability of the products, and unless extraordinary circumstances occur, CRAILE will send the order consisting of the product or related products in each “Confirmation of Shipment” within the specified delivery time or, if no specific delivery date was indicated, within 15 days from the date of the “Confirmation of Shipment“.
The specific deadline for delivery of non-personalized products is three business days since the user receives the “Confirmation of Shipment“, while the personalized product is approximately ten business days since the user receives the “Order Confirmation“. There are no deliveries on Saturdays, Sundays or bank holidays.
Notwithstanding the foregoing, and for the purpose of shipping, it must be taken into account any other unforeseen circumstances (such as strikes or natural or environmental complications) that may affect transport and delay the expected delivery time.
If for some reason CRAILE could not comply with the delivery date, it will inform the user of this circumstance and give the user the option to continue with the purchase by establishing a new delivery date or, alternatively, giving the user the option to cancel the order with the full refund of the price paid.
It will be understood that the “delivery” has taken place at the agreed delivery address and on the date agreed with the transport company, communicated to the user via SMS and / or by e-mail.
Once the shipment has been confirmed, if after two attempts it would not possible to deliver the order, the user will be informed about where the order is located and how to collect it.
If after the period of five (5) calendar days since the deposit is made without the order has been collected, CRAILE will consider the Contract terminated and, therefore, resolved. As a result of the termination of the Contract, the price of the order paid by the user will be returned, discounting the expenses caused by the return and pertinent management as soon as possible and, in any case, within a maximum period of 30 calendar days from the date on which, in accordance with what is established in the present term, the Contract is considered terminated.
The risks of the products will fall on the user from the moment of delivery or making available.
Ownership of the products will be acquired by the user when CRAILE receives full payment of all amounts owed in relation to them, or at the time of delivery if it is later.
The price of the products indicated on the website www.craile.com is shown in EURO currency. Also, according to current legislation, any purchase made from the website www.craile.com will be subject to Value Added Tax (VAT) or any other tax or application fee under the country or territory of destination.
The price of each product will be that stipulated in each moment on the website www.craile.com, except for a manifest error. CRAILE will ensure that all the prices that appear on the website are correct, but could cause other people’s mistakes and / or involuntary errors. If an error was identified in the price of a product that is the subject of an order, CRAILE will inform the user as soon as possible, raising the option of
reconfirm the order at the correct price or cancel it. If CRAILE fails to contact the user, the order will be considered canceled and the amounts paid will be fully reimbursed.
CRAILE is not obliged to supply any product at a lower price that is “incorrect” due to manifest error (even if the “Shipping Confirmation” has been sent), especially if the error in the price is obvious and unambiguous and could have been recognized reasonably as the wrong price. The prices indicated on the web page www.craile.com are in EURO currency, include VAT, insurance on transport and shipping costs, whenever the shipment has by recipient any place within the Spanish mainland and the Balearic Islands. For information on orders and shipments to the Canary Islands, Ceuta, Melilla and foreign community or non-EU countries, it is necessary to contact CRAILE directly at firstname.lastname@example.org. In any case, the expenses derived from customs, tariffs and / or other taxes shall be borne by the user.
The prices may be modified by CRAILE at any time, but, except for manifest error, the possible changes will not affect the orders confirmed by a “Confirmation of Shipment“.
The selected articles will be added to the shopping cart enabled on the website www.craile.com.
The user can process the order and make the payment through the payment gateway enabled on the web www.craile.com. For this, it will be necessary to have a VISA or Mastercard credit or debit card.
When authorizing the payment, the user is confirming that the credit or debit card is owned or authorized by the same.
Credit or debit cards will be subject to checks and authorizations by the issuer of the same, so if that entity does not authorize payment, CRAILE is not liable for any delay or failure to deliver and could not formalize any Contract.
In accordance with the applicable regulations, if on the website www.craile.com you are hiring as a user or consumer, you may withdraw from the Contract at any time within a period of 14 calendar days from the date of delivery of the order.
In case of withdrawal, CRAILE will reimburse the user for the price paid for such products, reduced by the cost of returning the product.
The exercise of the right of withdrawal may be accredited in any way admitted by Law, previously informing CRAILE of this circumstance in the email email@example.com and, in any case, exercising said right by returning the products in perfect conditions.
This provision does not affect other rights recognized to the consumer by current legislation.
In addition to the right of withdrawal legally recognized, CRAILE recognizes the user a period of 30 calendar days, counted from the date of receipt of the order, to make returns or changes to the products.
In case of return, CRAILE will refund the price paid for the returned products minus the direct costs of returning the product.
In case of change, CRAILE will only accept the change of those products that share the same design and price as the purchased one, and will only be processed once, that is, only one change.
If the user wishes to make a change for a different design, he will have to return the article according to the indicated terms and start a new purchase corresponding to the desired product.
The user must exercise the right of withdrawal by contacting CRAILE in the email firstname.lastname@example.org and by returning the products.
No changes or returns are accepted, or the right of withdrawal applies, in relation to personalized products. For these purposes, it will have the consideration of personalized products all those for which manufacturing will be necessary an individual decision given by the user or, additionally, the user would have requested the personalization of some of its characteristics or pieces, such as, without exhaustive or limiting, the inclusion or engraving of the initials of a personal name on the product.
The right to withdraw from the Contract shall apply exclusively to those products that are returned under the same conditions in which they were received by the user. The product must be returned in perfect conditions including its original packaging and must also include all instructions, labels, cards, stickers, documents and packaging. In any case, the product must be returned and delivered to CRAILE together with the prior confirmation of return or change that will be sent via email to the user by CRAILE.
No return or change will be made if the product has been used beyond its mere opening or if it has suffered any damage, so the user must be careful with the products while they are in his/her possession.
Returns or changes may be made according to the following methods:
In any case, the merchandise must be delivered in perfect condition, with all the accessories and in the same package and / or container box in which it was received by the user.
In case that the user does not want CRAILE to collect the products, the user will be liable for the shipment, fully assuming the risk for transportation damages (insurance). In case of return of the items cash on delivery, CRAILE will charge the expenses that may be incurred.
After examining the products, CRAILE will inform the user if he / she has the right to the return of the amounts paid or the change of the product. The return or change will be made, in any case, within 30 working days from the date of receipt of the item (s) in the CRAILE warehouses. The refund will always be made through the same means of payment that was used to pay for the purchase.
The user can contact CRAILE at email@example.com, where the detailed steps to proceed with the return or change will be indicated.
Products that have been returned damaged, incomplete, damaged, used or dirty by the fault of the customer or user will not be reimbursed and will be sent to their sender and returned to postage due.
In cases where the user considers that, at the time of delivery (24 hours since delivery), the product does not comply with the provisions of the Contract, should contact CRAILE immediately at the email firstname.lastname@example.org indicating the reference and product data as well as the damage it suffers.
The product can be returned by delivering it at your home to a courier that CRAILE would send.
Next, CRAILE would carefully examine the product that has been returned and notify the user via e-mail, within a reasonable time, if applicable, the return or replacement of the product. The return or replacement of the item will be made as soon as possible and, in any case, within 30 calendar days following the date on which the email is sent confirming that the return or replacement of the non-conforming item is appropriate.
The amounts paid for those products that are returned because of some defect, when it actually exists, will be reimbursed in full. The refund will be made in the same means of payment that was used to pay for the purchase.
The rights recognized by current legislation are safe.
Except expressly provided otherwise in these Conditions, the responsibility or liability of CRAILE in relation to any product purchased on the website www.craile.com will be strictly limited to the purchase price of said product, being CRAILE excluded from any economic responsibility or liability (loss of income, data benefits, contracts, etc).
Due to the open nature of the website www.craile.com and the possibility of errors in the storage and transmission of digital information, CRAILE does not guarantee the accuracy and security of the information transmitted or obtained through the website www.craile.com unless expressly stated otherwise in it.
All descriptions of products, information, materials and contents that make up the website www.craile.com are provided as a true body and without express or implied warranties on them.
With the scope that the Law allows, CRAILE excludes all guarantees, except those that cannot be legitimately excluded from consumers and users.
The provisions of this clause will not affect the legal rights of the consumer and user, nor the right to withdraw from the Contract.
The user acknowledges and consents that all copyright, trademark, product design and other intellectual or industrial property rights, whatever they may be, on the materials or contents that are part of the website www.craile.com correspond at all times to CRAILE or to those who have licensed their use. The user may make use of such material only in the manner in which CRAILE, or those who have granted a license for its use, expressly authorize it. This will not prevent the use of the website www.craile.com to the extent necessary to copy the information about the order data or contact information.
The user must not make improper use of the website www.craile.com through the intentional introduction of viruses, trojans or any other program or material that is technologically harmful. The user will not try to have unauthorized access to the website www.craile.com, the server in which this page is hosted or any server, computer or database related to the website www.craile.com.
The user undertakes not to attack the website www.craile.com through a denial of service attack or a distributed denial of service attack.
Failure to comply with this term could entail the commission of infractions typified by the applicable regulations. CRAILE will inform the competent authorities of any breach of said regulations and will cooperate with them to discover the identity of the attacker. Also, in case of breach of this term, the user will immediately cease to be authorized to use the website www.craile.com.
CRAILE is not liable for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically harmful and may affect the user’s computer, computer equipment, data or materials as a result of the use of the page web www.craile.com or the download of contents of the same or those that it redirects.
The website www.craile.com contains links to other web pages and third-party materials. These links are provided for informational purposes only, without CRAILE having any control over the content of such web pages or materials. Therefore, CRAILE does not accept any liability for any damage or loss arising from its use.
The user agrees not to reproduce in any way, even through a hyperlink, the website www.craile.com as well as any of its contents, unless expressly authorized in writing by CRAILE.
The applicable regulations require that part of the information or communications will be sent in writing. By using the website www.craile.com, the user accepts that most of these communications with CRAILE are electronic. CRAILE will contact the user by email. To contractual effects, the user consents to use this electronic means of communication and recognizes that any contract, notification, information and other communications that CRAILE sends electronically comply with the legal requirements of being in writing. This condition will not affect other rights recognized by Law.
There may be cases in which the information or communications are provided by CRAILE verbally (by telephone or in person). In general, these data will always be supported and will be related to the information provided on the website www.craile.com and in these Conditions.
In the event that an alleged exchange of information would have not been transcribed, it will be considered a human error without giving rise to future claims or compensation to the extent legally permitted. This condition will not affect the user’s rights recognized by Law.
The notifications that the user sends to CRAILE must be implemented by email to the email address email@example.com or through the form or others emails provided for this purpose on the website www.craile.com. In accordance with the provisions of the above term, and unless otherwise stipulated, CRAILE may send the user communications to the e-mail or to the telephone number that has been provided at the time of placing an order.
It will be understood that the notifications have been received and have been correctly made when it can be proved that the electronic address is correct and that the telephone number corresponds to the data specified by the user or receiver.
The Contract is binding both for the user and for CRAILE, as well as for the respective successors, and assignees.
It cannot be transferred, assigned, encumbered or otherwise transfer a Contract or any of the rights or obligations derived from it in favor of the user without having obtained the prior written consent of CRAILE.
CRAILE may transmit, 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 the term of the Contract.
CRAILE is not liable for any breach or delay in compliance with any of the obligations assumed under a Contract, whose cause is due to events beyond reasonable control (“Force Majeure“).
Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond the reasonable control of CRAILE, among others, strikes, impossibility of using means of transport, public or private, impossibility of using public systems or private telecommunications, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations of CRAILE derived from the Contracts will be suspended during the period in which the “Cause of Force Majeure” continues, with an extension of time to fulfill said obligations. CRAILE will use all reasonable means to end the “Cause of Force Majeure” or to find a solution that allows it to fulfill its obligations under the Contract despite the “Cause of Force Majeure“.
The lack of requirement by CRAILE of strict compliance by the user of any of its obligations assumed under the Contract or these Conditions or lack of exercise by CRAILE of the rights or actions that may correspond under of said Contract or the Conditions, shall not imply any waiver or limitation in relation to said rights or actions or exonerate the obligation to the user to comply with such obligations.
No resignation on the part of CRAILE of a right or specific action will imply a resignation of other rights or actions derived from the Contract or the Conditions.
No resignation by CRAILE of any of these Conditions or rights or actions derived from the Contract shall take effect, unless it is expressly established that it is a resignation, and formalized and communicated to the user in writing pursuant to the system of notifications provided in these Conditions.
These Conditions and any document expressly referred in them constitute an integral agreement between the user and CRAILE in relation to the object of the Contract and supersede any other agreement, agreement or previous promise agreed between the user and CRAILE , either verbally or in writing.
The user and CRAILE acknowledge having consented to the conclusion of the 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 parties before said Contract, except as expressly mentioned in these Conditions.
Neither the user nor CRAILE shall have any action against any uncertain statement made by the other party, either verbally or in writing, prior to the date of the Contract (unless such uncertain statement was made fraudulently) and the only action that the other party will dispose of it for breach of contract in accordance with the provisions of these Conditions.
Likewise, if any of these Conditions or any provision of a Contract were declared null and void by a final decision by the competent authority, the remaining terms and conditions shall remain in force in the appropriate legal terms.
CRAILE has the right to review and modify these Conditions at any time and without prior notice.
The user will be subject to the Policies and Conditions in force at the time that uses the website www.craile.com or makes each order, unless by Law or by decision of government agencies CRAILE should make changes retroactively in these Policies or Conditions, in which case, the possible changes will also affect the orders that the user had previously made.
CRAILE informs that the color of the products contained in the website www.craile.com is displayed in the most reliable way possible. However, the color of the products that appear on the screen may be subject to variations depending on the quality or type of screen or monitor of each device, mobile or computer. In this sense, CRAILE cannot guarantee nor is it liable for the colors that appear on the user’s screen or monitor to be faithfully adjusted to reality.
Spanish is the official language of the website www.craile.com.
With the aim to create high quality products and setting a reference in the market, CRAILE is committed to making sure that all its suppliers act ethically, guaranteeing the working conditions of their employees as well as taking care of the environment.
CRAILE directly assumes the importance of acting taking this initiative and doing everything possible in defense of the rights of the people involved in the manufacture of their products.
In no case CRAILE will establish commercial relationships with suppliers or countries that do not comply the aforementioned principles.
The use of the website www.craile.com and the Contracts through it will be governed by Spanish legislation.
Any controversy that arises or relates to the use of the website www.craile.com or with said Contracts will be submitted to the jurisdiction, not exclusive, of the Spanish courts and tribunals.
If the user is acting as a consumer, nothing in this term will affect the rights recognized by current legislation.
CRAILE informs about the existence of an European online dispute resolution platform, to which consumers or users have the possibility to go for the resolution of any litigation related to the online purchase through the web www.craile.com.