GENERAL TERMS AND CONDITIONS OF SALE

www.thecaitano.com

1. GENERAL INFORMATION

The ownership of this website THECAITANO., (hereinafter Website) is held by: , and whose contact details are:

Address: AVENIDA MERCADERES, NAVE 7, POLÍGONO INDUSTRIAL SAN COSME III (47620) VILLANUBLA, VALLADOLID

Telephone number: 622883031

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (THECAITANO.) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that www.thecaitano.com carries out through the Website includes:

Online marketing of designer pieces and stands for cakes, sweets, fruits, snacks, etc. Designs manufactured and sold exclusively by Thecaitano.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of www.thecaitano.com. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of it, you should not use this Website.

Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those that are in force at the time the acquisition of products and/or services is requested will be applicable.

For any questions the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment navigation on the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be:

1. The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

Using this Website only to make legally valid inquiries and purchases or acquisitions.
Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed.
Providing truthful and lawful contact information, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

2. The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

3. The User may, at his/her discretion, formalize with www.thecaitano.com the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can purchase on the Website by the established means and methods. They must follow THECAITANO.'s online purchase and/or acquisition procedure, during which several products (with a total of 4 units per order) can be selected and added to the cart and, finally, click on: "Confirm and pay"

Likewise, the User must fill out and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Next, the User will receive an email confirming that www.thecaitano.com has received their order, that is, the order confirmation. And, if applicable, they will also be informed by email when their purchase is being sent. If applicable, this information may also be made available to the User through their personal connection space on the Website.

Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice that will be sent to the User via email and, where applicable, through his/her personal connection space to the Website.

The User acknowledges that he/she is aware, at the time of purchase, of certain specific conditions of sale* that concern the product in question and that are shown next to the presentation or, where applicable, image of the product on its page on the Website, indicating, by way of example, but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or acquisition materialises the full and complete acceptance of the specific conditions of sale applicable to each case.

*As is the particular case of "made to order" whereby the customer is fully aware that each piece is made specifically for him and agrees to act in good faith and purchase a product with full knowledge of the process that will be followed to complete his purchase.

Communications, purchase orders and payments involved in transactions made on the Website may be archived and kept in the computerized records of www.thecaitano.com in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by www.thecaitano.com through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If difficulties arise regarding the supply of raw materials for the production of the purchased part(s), www.thecaitano.com undertakes to contact the User and refund any amount that may have been paid for importing the goods. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially in relation to VAT.

Shipping costs will be calculated automatically once the destination of the shipment has been indicated. Thus, www.thecaitano.com carries out the delivery and/or shipping services through: Correos Express Paqueteria Urgente S.A.

Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to those that the User has already acquired.

The accepted payment methods will be: Credit or debit card, PayPal, Apple Pay and G Pay.

www.thecaitano.com uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the bank that issued them. If said bank does not authorize the payment, www.thecaitano.com will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.

Once www.thecaitano.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the shipping confirmation and/or confirmation of the service provided is sent to the User in the manner and, where applicable, at the established place.

If the payment method is PayPal, the charge will be made at the time that www.thecaitano.com sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on "Confirm and pay" the User confirms that the payment method used is his/her own.

6. DELIVERY

Deliveries will be made in the following territory: Spain (Peninsula and Balearic Islands), United Kingdom, Ireland and Europe.

Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason attributable to www.thecaitano.com, it is unable to meet the delivery date, it will contact the User to inform him of this circumstance and he may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days. • If delivery of the order is impossible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again.
If the User is not going to be at the delivery location during the agreed time slot, he or she must contact www.thecaitano.com to arrange delivery on another day.
If 30 days have passed since your order was available for delivery, and it has not been delivered for reasons not attributable to www.thecaitano.com, www.thecaitano.com will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to him/her, except for the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated. However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be passed on to him/her.

For the purposes of these Conditions, delivery will be deemed to have taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires physical possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when www.thecaitano.com receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after the full receipt of the amount to be paid by www.thecaitano.com.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the data by contacting www.thecaitano.com through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through his/her personal connection space on the Website.

In any case, the User, before clicking on "Confirm and pay", has access to the space, cart, or basket where his/her purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and, specifically, the Privacy Policy to gather more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

Returns and Refunds Policy

Last updated: 9/23/2024

At Thecaitano, all of our pieces are handcrafted and made to order, which guarantees the uniqueness and personalization of each product. Due to the nature of our products, we have implemented a specific returns policy in accordance with current legislation in Spain.

1. Exclusion of the Right of Withdrawal

In accordance with article 103 of the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007, of November 16), personalized or custom-made products are not subject to the right of withdrawal. This means that returns or exchanges of products are not accepted in the following cases:

Handcrafted pieces personalized or made to measure according to the client's specifications.
Products that, by their nature, cannot be returned for reasons of hygiene or health protection, if they have been unsealed after delivery.

By confirming your purchase, you accept that the parts ordered are personalized and made to order, and that they cannot be returned except in the cases described below.

2. Exceptions: Defective or Damaged Products

Although we do not accept returns for customization reasons, we do guarantee the quality of our products. If you receive a damaged or defective item, we are committed to correcting the problem. In such case, you can request a replacement or refund under the following conditions:

Notification of the problem: You must inform us of the damage or defect within a maximum period of 14 calendar days from receipt of the product.
Documentation: We will need you to send us clear photos of the defective item and the original packaging to assess the situation.
Return conditions: If the return is accepted, the product must be returned in its original condition, unused, and in its original packaging.
Return Shipping: In the event of a defective product being returned, the shipping costs will be our responsibility.

3. Process for Requesting a Refund or Replacement

To initiate a request for a replacement or refund for a defective or damaged product, please follow these steps:

Contact our customer service team at hello@thecaitano.com.
Provide us with your order number, photos of the damage or defect, and a brief description of the problem.
We will evaluate your request and respond within a maximum of 48 business hours.
If your request is accepted, we will provide you with instructions for returning the product and manage the corresponding replacement or refund.

4. Timeframes for Refunds

Once we receive the defective product and after verifying its condition, we will proceed to issue the corresponding refund through the same payment method that you used for the purchase. The time it takes to process your refund may vary depending on your bank, but will generally be completed within 7-14 business days.

5. Policy Changes

We reserve the right to change this returns policy at any time, so we recommend that you review it regularly. Any changes will be posted on this page and will take effect upon posting.

Summary of Your Legal Rights

Please remember that this policy does not affect your legal rights as a consumer. If you have any questions about our returns policy or require further information, please do not hesitate to contact us.

9. DISCLAIMER

Unless otherwise provided by law, www.thecaitano.com will not accept any liability for the following losses, regardless of their cause:

Any losses which were not caused by any breach on its part;

Business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or any other indirect losses which were not reasonably foreseeable to both parties at the time the contract for the sale of the products was formed between them.

Likewise, www.thecaitano.com also limits its liability in the following cases:

www.thecaitano.com applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser used or others of this nature.
www.thecaitano.com will act with the utmost diligence to make the product subject to the purchase order available to the company in charge of transporting it. However, it is not responsible for damages arising from a malfunction of transport, especially due to causes such as strikes, roadblocks, and in general any other causes typical of the sector, which result in delays, loss or theft of the product.
Technical failures that, for fortuitous or other reasons, prevent the normal functioning of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. www.thecaitano.com makes every effort to carry out the purchase, payment and shipping/delivery process of the products, however, it is exempt from liability for causes that are not attributable to it, such as unforeseeable circumstances or force majeure.
www.thecaitano.com will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, www.thecaitano.com will not be held responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
In general, www.thecaitano.com will not be liable for any failure or delay in the performance of any of its obligations, where such failure or delay is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to:

Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and www.thecaitano.com will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. www.thecaitano.com will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with www.thecaitano.com will be electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that www.thecaitano.com sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User. The User may send notifications and/or communicate with www.thecaitano.com through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, www.thecaitano.com may contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No waiver by www.thecaitano.com of any specific right or legal action or the failure of www.thecaitano.com to require strict compliance by the User of any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by www.thecaitano.com of any of these Conditions or of the rights or actions arising from a contract shall be effective unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and www.thecaitano.com in relation to the subject matter of the sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parties.

The User and www.thecaitano.com acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to www.thecaitano.com in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement that arises or is related to access, browsing and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between www.thecaitano.com and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send www.thecaitano.com their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, www.thecaitano.com has official complaint forms available to consumers and users, which they can request from www.thecaitano.com at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between www.thecaitano.com and the User, the User as a consumer may request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and which modifies Regulation (EC) 2006/2004 and Directive 2009/22/EC.

GENERAL TERMS AND CONDITIONS OF SALE

www.thecaitano.com

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