1. INTRODUCTION

This document (together with all the documents mentioned in it) establishes the conditions governing the use of this website www.canicacollections.com and the purchase of products on it (hereinafter, the "Conditions" ).

We ask you to carefully read these Conditions, our Cookies Policy and our Privacy Policy ( collectively , the “Data Protection Policies”) before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and our Data Protection Policies, so if you do not agree with all the Conditions and the Data Protection Policies Data, you should not use this website. If you have any questions related to the Conditions or Data Protection Policies, you can contact us through our customer service channels. The contract may be formalized, at your choice, in any of the languages ​​in which the Conditions are available on this website.

 

2. OUR DATA

The sale of items through this website is carried out under the name CANICA by CANICA COLLECTIONS, SL, a Spanish company with registred address at Calle del General Castaños, 13, 3º Dcha, 28004 Madrid, registered in the Commercial Registry of Madrid, at Volume 45283, General Section, Folio 70, Sheet M-796603, and NIF B13757745, with email hola@canicacollections.com .

 

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data that you provide us about yourself 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 you provide us is true and corresponds to reality.

 

4. USE OF OUR WEBSITE

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

1. Use this website only to make legally valid queries or orders.
2. Do not place any false or fraudulent orders. 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 relevant authorities.
3. Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. You also agree that we may use this 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. SERVICE AVAILABILITY

The items offered through this website are available for shipping to any of the countries available in the purchasing process.

 

6. HOW TO PLACE AN ORDER 

To place an order, you must follow the online purchasing procedure and click on "Complete order" or "Pay now". You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). Additionally, we will inform you by email when your order is being shipped (the "Shipping Confirmation"). An e-ticket containing your order details will also be attached to the Shipping Confirmation (the "e-ticket").

 

7. TECHNICAL MEANS TO CORRECT ERRORS 

If you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the “Account” section.

In any case, you may correct errors related to the personal data provided during the purchase process by contacting customer service through the email address hola@canicacollections.com, as well as exercising the right of rectification contemplated in our Policy. Of privacy

This website shows confirmation windows in various sections of the purchasing process that do not allow you to continue with the order if the data in these sections has not been provided correctly. Likewise, this website offers details of all the items that you have added to your basket during the purchasing process, so that, before making the payment, you can modify the details of your order.

If you detect an error in your order after completing the payment process, you must immediately contact our customer service at the email address mentioned above, to correct the error.

 

8. PRODUCT AVAILABILITY

All orders are subject to product availability. If there are difficulties in supplying products or if items are out of stock, we will refund any amount you may have paid.

 

9. DELIVERY

Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) listed in each Shipping Confirmation within the period indicated on the website according to the delivery method. selected shipment counting from the date of the Order Confirmation.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid.

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

 

10. IMPOSSIBILITY OF DELIVERY

In the case of bulky items, a delivery date and time will be arranged so that you can receive the order. If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe location, your order will be returned to our warehouse. Likewise, we will leave you a note explaining where your order is and how to have it sent again. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day. Please note that transportation costs resulting from non-delivery may have an additional cost, so we will be authorized to pass on the corresponding costs to you.

  

11. TRANSFER OF RISK AND OWNERSHIP

The risks of the products will be your responsibility from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including delivery charges, or upon delivery (as defined in clause 9 above), if this would take place at a later time.

 

12. PRICE AND PAYMENT

The prices on the website include VAT (when this tax is applicable), but exclude shipping costs, which will be added to the total amount due.

Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you want to purchase, they will have been added to your basket and the next step will be to process the order and make payment. To do this, you must follow the steps of the purchasing process, filling out or verifying the information requested at each step. Likewise, during the purchasing process, before making payment, you can modify the details of your order. In addition, if you are a registered user, you have a detail of all the orders placed in the Account section.

You can use different payment methods such as: card (Visa, MasterCard, American Express, Maestro, UnionPay...) or bank transfer, as well as other alternative payment methods (Klarna, PayPal, Google Pay, Apple Pay, Shop Pay).

To minimize the risk of unauthorized access, your credit card details will be encrypted. By clicking "Pay Now" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.

Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you. 

 

13. VALUE ADDED TAX 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 items will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

For orders destined for 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 the corresponding taxes and tariffs in accordance with current regulations. in each of these territories.

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

 

14. RETURN POLICY 

14.1 Legal right to withdraw from the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification (except in the cases mentioned in clause 14.3 below, in respect of which the right of withdrawal is excluded. ).

The withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in the event that the goods that make up your order are delivered separately, to the 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods. To exercise the right of withdrawal, you must notify CANICA, at the address: Calle del General Castaños, 13, 3º Dcha, 28004 Madrid, Spain, or by writing to us at hola@canicacollections.com of your decision to withdraw from the contract at through an unambiguous statement (for example, a letter sent by postal mail or email).

To comply with the withdrawal period, it is sufficient for the communication regarding your exercise of this right to be sent before the corresponding period expires.

 

14.2 Consequences of withdrawal

In case of withdrawal on your part, we will refund all payments received from you (except delivery costs to the initial shipping address and return costs resulting from withdrawal), without any undue delay and, in any case, no later than take within a period of 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same payment method used by you for the initial transaction unless you tell us otherwise, expressly detailing the payment method through which you want us to make the refund. You will not incur any expenses as a result of the refund (except for the direct costs of returning the product which will be deducted from the amount to be returned) . Notwithstanding the above, we may withhold the refund until we have received the goods and verified that they are in the same condition in which they were sent.

You must send the products to CANICA through the transport company designated by us, without any undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdrawal from the contract. The deadline will be considered met if you return the goods before said deadline has expired.

You must assume the direct cost of returning the goods caused by their transportation. It is more than recommended that you deliver, along with the products, a printed copy of the electronic receipt that you will have received attached to the Shipping Confirmation.

You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

 

14.3 Common provisions

You will not have the right to withdraw from the contract whose purpose is the supply of any of the following products:

1. Products made to order, personalized or custom-made items.
2. Sealed goods that are not suitable for return for health or hygiene reasons and that have been unsealed after delivery.

Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond simply opening it, products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the the product/s while they are in your possession. Please return the item using or including all its original packaging, instructions and other documents that may accompany it.

You can make returns through a courier/courier that we will send to your home. Please note that you will have to bear the direct costs of the return.

Returns via courier/courier:

You must contact us through any of our customer service channels so that we can arrange collection from your home. If you no longer have the original packaging, you can make the return in any packaging, as long as this ensures the non-loss and integrity of the items. After carrying out the appropriate verifications, you will receive an email with a label, which must accompany the package.

Please note that if you decide to return the items to us postage collect we will be authorized to charge you for any costs we may incur. In case of withdrawal on your part, we will return all payments received from you (except for delivery costs to the initial shipping address and transportation costs incurred for the return) and we will proceed to make said refund using the same payment method used for the initial transaction.

Please note that, having delivered the order, if you exercise the legal right of withdrawal, when you are the one who organizes its transportation, without, therefore, said service having been offered by us, we will not be able to assume the risk on the return package when it refers to causes not attributable to CANICA.

After examining the item we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within a period of 14 days from the date on which you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods. and check that these are in the same state in which they were sent . The refund will always be made in the same payment method that you used to pay for the purchase. If you have any questions, you can contact us through any of the customer service channels on our website.

 

14.4 Returns of defective products

In cases where you consider that at the time of delivery the product does not comply with what is stipulated in the contract, you must contact us immediately through any of our customer service channels providing the details of the product as well as the damage it suffers, and we will tell you how to proceed.

The product must be returned to the address indicated above through the courier service that we will make available to you. Once received, we will carefully examine the returned product and will inform you within a reasonable period of time whether a refund or replacement is appropriate (if applicable).

The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days following the date on which it is confirmed that the refund or replacement of the non-conforming item is appropriate (except in the case of products made to order, whose replacement may be delayed until the period indicated in the "Availability" section of each product page).

The amounts paid for those products that are returned due to any defect or defect, when it really exists, will be fully refunded, including the delivery costs incurred to deliver the item and the costs that, if applicable, you would have incurred to give it back to us. The refund will be made in the same payment method that you used to pay for the purchase. In any case, the rights recognized by current legislation remain safe.

 

14.5 Right of withdrawal and return of orders from abroad.

If you have placed an order through this website from a Member State of the European Union other than Spain, clauses 14.1, 14.2, 14.3 and 14.4 above will apply.

Likewise, we inform you that under no circumstances will we be obliged to reimburse you for shipping costs other than those incurred to the original delivery address in Spain or return costs from a destination outside Spanish territory. (with the exception of the provisions of clause 14.4 to which this clause 14.5 does not apply).

 

15. GUARANTEES

If you contract as a consumer and user, you have the right to corrective measures, free of charge, in case of lack of conformity of the goods. We offer you guarantees on the products that we sell through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that manifests within a period of three years from the product delivery.

It is understood that the products comply with the contract provided that (1) they conform to the description made by us and have the qualities that we have presented on this website, (2) they are suitable for the uses to which the products are ordinarily intended. of the same type and (3) present the usual quality and performance of a product of the same type that are reasonably expected.

In this sense, if any of the products do not comply with the contract, you must inform us by following the procedure detailed in section 14.5 above and through any of the means of communication provided for this purpose.

The products we sell, especially craft products, can often exhibit the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and color, will not be considered defects or flaws. On the opposite, it will count with your presence and appreciate it. We only select the highest quality products, but natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.

Our commercial guarantee will not affect the rights you have recognized by current legislation.

 

16. LIABILITY AND RELEASE OF LIABILITY

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

However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:

1. loss of revenue or sales;
2. loss of business;
3. lost profits or loss of contracts;
4. loss of anticipated savings;
5. data loss; and
6. waste 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 information transmitted or obtained through this website unless stated expressly the opposite in it.

 

17. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have granted us a license for their use. You may use such material only as expressly authorized by us or those who have licensed its use to us. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

 

18. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programs or materials. You will not attempt to gain unauthorized access to this website, the server on which said page is hosted or any server, computer or database related to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of infractions classified by the applicable regulations. We will report any breach of these regulations to the relevant authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event 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 as a result of your use of this website or of downloading content from it or to those to which it redirects.

 

19. LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. We therefore accept no liability for any damage or loss arising from its use.

 

20. WRITTEN COMMUNICATIONS

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

 

21. NOTIFICATIONS

The notifications you send us must be sent through our customer service channels . In accordance with the provisions of clause 20 above and unless otherwise stipulated, we may send you communications either to the e-mail or to the postal address provided by you when placing an order.

It will be understood that notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , which was sent to the email address specified by the recipient.

 

22. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us, as well as our respective successors, assigns and assigns.

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, charge, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during its validity. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, if applicable, you, as a consumer, have recognized by law nor will they nullify, reduce or limit in any way the guarantees, both express and implied. , which we could have granted.

 

23. EVENTS OUTSIDE OUR CONTROL

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

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

1. Strikes, lockouts or other industrial action.
2. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
5. Inability to use public or private telecommunication systems.
6. 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 comply with said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.

 

24. WAIVER

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

No waiver by us of a specific right or action will constitute a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly stated that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.

 

25. PARTIAL NULLITY

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

 

26. COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject of these Conditions and replace any other pact, agreement or previous promise agreed between you and us verbally or written. You and we acknowledge that we have 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 entered into by both of us prior to the same, except as expressly mentioned. in these Conditions.

Neither you nor we will have any remedy against any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to you is the other party will be for breach of contract in accordance with the provisions of these Conditions.

 

27. OUR RIGHT TO MODIFY THESE TERMS

We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive.

If you do not agree with the modifications introduced, we recommend that you do not use our website.

  

28. APPLICABLE LEGISLATION AND JURISDICTION

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

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

If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes you as such.

 

29. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions, as well as any queries, complaints or claims through our customer service channels .

In addition, we have official complaint forms available to consumers and users. You can request them through our  customer service channels .

Your complaints and claims to our customer service will be attended to in the shortest possible time and, in any case, within a maximum period of one month. Likewise, they will be registered and you will be able to track them. If you, as a consumer, consider that your rights have been violated, you can direct your complaints to us through the email address hola@canicacollections.com in order to request an extrajudicial dispute resolution.

In this sense, if the acquisition between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an extrajudicial dispute resolution with us. on consumer matters accessible through the Internet address http://ec.europa.eu/consumers/odr/ .

 

Last modified: April 1, 2024