This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of products through such website (hereinafter, the “Terms”). Please read through these Terms, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website. By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website.

These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.

The Contract (as defined below) may be executed, at your option, in any of the languages in which the Conditions are available on this website.

OUR DETAILS

Sale of goods through this website is carried out under the DASTON trademark, DASTON CORPORATION SPAIN, S.L., a spanish company with registered office at PO Box 50504, 28080 Madrid (Spain), registered with the Companies Register of Madrid, on Volume 33.966, Sheet 10, Page M-611.268, 1st entry, with VAT ESB87390159. You may contact our customer care department: customercare@dastonmadrid.com

YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.

USE OF OUR WEBSITE

By using this website and/or by placing any order through it, you undertake: 1. To use the website exclusively to make legitimate enquiries or orders. 2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities. 3. To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

SERVICE AVAILABILITY

The items offered through this website are available with worldwide shipments, as long as the circumstances of each country are adequate for the provision of the service. Shipments are free in Spain and different European countries, through Courier (third party) Zeleris and DHL with delivery times of ONE (1) to THREE (3) working days. Shipments outside the European Union (EU), are operated exclusively by DHL, with shipping costs/ taxes / duties calculated and added at checkout process. In this case, as average, delivery time of the orders is from THREE (3) to SIX (6) working days.

AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order the substitute products we will reimburse any money that you may have paid.

DELIVERY

Subject to availability, and unless there are any exceptional circumstances, we will endeavour to fulfil your order for product(s) listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any products you have paid for but not received.). For the purpose of these Terms “delivery” or “delivered” shall be deemed to have occurred upon you or a third party nominated by you acquiring physical possession of the products, which will be evidenced by the signing for receipt of the products at the agreed delivery address.

RISK AND TITLE

The Products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is the later.

PRICE AND PAYMENT

The price of any products will be as stipulated on our site from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund. We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect price. The prices on the website include VAT but exclude delivery costs, which will be added to the total amount. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Therefore, (except as provided above) price adjustments on previous orders are not permitted. Once you have finished shopping all the items you wish to purchase are added to your cart and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the FAQ´s. Also, if you are a registered user, a record of all the orders placed by you is available in “My Account” area. Payment can be made by Visa, Visa electron, Mastercard, American Express card and PayPal. To minimise the possibility of unauthorised access, your credit card details will be always encrypted. Once we receive your order, we will request a pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. No charge will be made to your credit card until your order has been dispatched for delivery. However, if your form of payment is Paypal, the charge will be made the moment we confirm the order. By clicking “Authorise payment” you are confirming that the credit card is yours. Credit cards are subject to validation checks and authorisation by your card issuer but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.

BUYING GOODS AS A GUEST

The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you.

VALUE ADDED TAX

Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT), except for those to be supplied directly to customers the Canary Islands, Ceuta and Melilla (currently we do not ship to those places). In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing Spanish rate in each Member State where items are to be supplied as per the orders placed. Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the “reverse charge” (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure.

 

RETURNS POLICY

 

Statutory right to cancel your purchase

If you are contracting as a consumer, you have the right to cancel the Contract, within 14 days, without giving any reason (except for Contracts for those products mentioned in clause below, for which the right to cancel is excluded).

The cancellation period will expire after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the products, or in case of multiple products in one order delivered separately, after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the last product.

In the case of product exchanges, you must contact us through our contact email indicating the product you want and the characteristics of the returned. The products must always be returned by you through a courier company with tracking number. To exercise this cancellation right, you must notify us of your decision to cancel the Contract by making a clear statement to us that you wish to cancel the Contract. You may notify us by sending us an email to customercare@dastonmadrid.com. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of this cancellation right before the cancellation period has expired.

Effects of cancellation

If you cancel the Contract, we will reimburse to you all payments received from you, except for the costs of delivery.

Reimbursement will be without undue delay and in any event not later than (a) 14 days from the day we have received back from you any products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the products. We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products. You shall hand back the products to DASTON without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us. The deadline is met if you send back or return the products before this 14-day period has expired. You shall bear the cost of returning the products to us. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.

Contractual right to cancel your purchase

In addition to the statutory right of cancellation of consumers referred to in Clause above, we grant you (whether or not you are a consumer) a 15 day period, beginning on the Shipping Confirmation, to return products to us without giving any reason. In the event of any return under this contractual right, you will be refunded the price paid for the returned products only – delivery and other costs will not be refunded. You may exercise your contractual right of withdrawal in accordance with the provision of clause above, however, you should inform us about your intention of withdrawing from the Contract after the statutory term for withdrawal, you shall, in any case, hand the goods over to us within the 15 day term as from the Shopping Confirmation. Reimbursement will be without undue delay and in any event not later than 14 days from the day we have received back from you any products supplied. We will reimburse you using the same means of payment as you used for the initial transaction. This contractual cancellation right does not affect your statutory cancellation rights.

Common provisions (applicable to both the statutory and contractual cancellation rights) You shall not have the right to cancel the Contract when it is for the delivery of any of the following products:

1. Customised items. 2. Sale/discounted products. 3. Sealed products that are not suitable for return due to hygiene reasons that have been unsealed after delivery.

Upon delivery, you may handle the products to establish their nature, characteristics and functioning. Acceptable handling of the products is that which would reasonably be allowed in a shop. If your handling goes beyond what is acceptable and the products are damaged or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the products. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the ticket which you will have received when the product was delivered. You will find a summary on exercising this cancellation right when you receive the order.

Your right to withdraw from the contract will apply exclusively to those products that are returned under the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of it, and products that are not in the same conditions in which they were delivered or that they have suffered some damage, so be careful with the products while in their possession. Please, return the item using or including all original wrappings, instructions and other accompanying documents. In any case, you must deliver together with the product the ticket or invoice that you have received at the time of delivery of the product.

You must make returns through a courier. You must return the parcel in the same package you received it, to the following shipping address: DASTON n2 – Avinguda Marques de Sant Morì, 239 4-2. 08914 – Badalona – Barcelona – Spain. In any case, you will be responsible for the return costs. After examining the article we will inform you if you are entitled to reimbursement of the amounts paid for the product. Note that custom products, at discount or promotional price do not accept changes or returns.

The refund will be made as soon as possible and, in any case, within 14 days from the date you informed us of your intention end the Contract. However, we may withhold the reimbursement until we have received the goods, or until you have submitted proof of the return of the goods, depending on which condition is met first. The refund will always be made on the same payment method that you used to pay for the purchase. If you have any questions, you can contact us through our customer service email customercare@dastonmadrid.com.

Returns of defective products

In the cases in which you consider that at the time of delivery the product does not conform to the stipulated in the contract, you must contact us immediately by means of our contact email providing the product data, as well as the damage it suffers. The product can be returned by sending it to the following address DASTON n2 – Avinguda Marques de Sant Morì, 239 4-2. 08914 – Badalona – Barcelona – Spain. We will carefully review the returned product and will notify you by e-mail within a reasonable time if the refund or replacement (if any) is necessary. The refund or substitution of the article will be made as soon as possible and, in any case, we will send you an email confirming that the refund or replacement of the nonconforming article proceeds. The amounts paid for those products that are returned because of a defect, when it actually exists, will be full refunded. The refund will be made on the same payment method that was used to pay the purchase.

LIABILITY AND DISCLAIMERS

Nothing in these Terms shall exclude or limit in any way our liability: 1. For death or personal injury caused by our negligence; 2. For fraud or fraudulent misrepresentation; or 3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. We have a legal duty to supply products to you that are in conformity with the Contract, however, without affecting that duty and to the fullest extent permitted by law, all product descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising. Where you are contracting as a consumer, in line with our obligations at law, we will be responsible for delivering goods to you that: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which goods of their kind are normally used and (iii) show the quality and performance which are normal in goods of the same type and can which can reasonably be expected. We warrant to you that any product purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products available on this website. Products (including handicraft products) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

VIRUSES, HACKERING AND OTHER CYBERCRIMES

You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately. We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.

LINKS FROM OUR WEBSITE

We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES

All notices given by you to us should be given to us via mail. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent. However, you may transfer our guarantee to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing proof of purchase or producing a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the property in question.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control l. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action. 2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 3. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 4. Impossibility of the use of public or private telecommunications networks. 5. The acts, decrees, legislation, regulations or restrictions of any government. 6. Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.

WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

SEVERABILITY

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.

LAW AND JURISDICTION

We have the right to revise and amend these Terms from time to time. The use of our website and the Contracts for the purchase of products through such website will be governed by European law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the European courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.

FEEDBACK

We welcome your comments and feedback. Please send all feedback and comments to us via our e-mail address customercare@dastonmadrid.com.

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