Terms and conditions
GENERAL PROCUREMENT CONDITIONS
1.1. WEBSITE USE CONDITIONS
The purpose of this document is to regulate the GENERAL PROCUREMENT TERMS or CONDITIONS of the services provided by Cachao. S.L.U.
The use of this website and/or registration as a user presupposes acceptance of these conditions. In compliance with the provisions set out under Law 34/2002, of 11 July, governing the information society services and electronic commerce, the information details of this website are as follows:
Holder: Cachao. S.L.U.
• Address: Calle Cotoner, 58, 07013 Palma de Mallorca
• Contact Information: firstname.lastname@example.org
• Registration Data: Registered with the Business Register of Palma de Mallorca, Folio: 94, Volume: 2504, Sheet: PM-979.
• Corporate Tax Code: B-57768053
Hereinafter, the expression “User” or “Client” refers to natural or legal persons of any kind that access www.cachao.eu or use its services.
The use of the services by the User entails full and unqualified acceptance, as well as the validity, of each and every one of the General Terms and/or Conditions, which shall be considered as automatically incorporated into the contract signed with Cachao, S.L.U., as well as any Specific Conditions that may supplement, amend or replace the General Conditions, without the need to expressly include these in writing in the same.
For better performance of this website and in benefit to users, Cachao, S.L.U. may modify the services provided as well as any website content, at any time and without giving prior notice.
1.1.2 Ownership of this website
This website belongs to Cachao, S.L.U. All rights over its content, images, text, design and software are the property of Cachao, S.L.U.
All the elements of this website, including -without any restrictions- its design and content, are protected by the Intellectual and Industrial Property Laws and international treaties on Copyright.
1.1.3 Use of the website contents
The contents of this website cannot be reproduced, transmitted or exploited in any way whatsoever unless explicitly authorised by Cachao, S.L.U.
Despite the best efforts of Cachao, S.L.U. to ensure the accuracy and exactitude of the website contents, there may be errors or inaccuracies. As a consequence, we are unable to guarantee the veracity, reliability or accuracy of the contents.
Under no circumstances shall Cachao, S.L.U. be liable for any damages or loss of any kind arising from or with regard to the use of this website.
The Client shall compensate Cachao, S.L.U. for any damages or losses resulting from breach by the former of these conditions or using the contents of this website without prior authorisation.
Should any clause set out in these conditions be or become invalid or unenforceable in accordance with applicable law, said clause would be rendered void, but only to the extent of that precise invalidity and it shall not affect any other clause of these conditions.
1.2. THE PRODUCTS
All products orders are subject to availability of the same. The products published on the website shall be understood as in stock unless specified otherwise at the Online Store. If, once payment has been made, it turns out that Products are not in stock, the client shall be immediately notified by Cachao, S.L.U. by e-mail, and offered the possibility of a later delivery or a refund of the amount.
The information set out in these General Conditions and on the website does not represent an offer for sale, rather an invitation to be contractually bound. There shall not be any contract by and between the Client and Cachao S.L. with regard to any product until the order has been expressly accepted by Cachao S.L.U.
1.2.2 Prices and Taxes
The price established for each Product shall be the price in force at the Online Store at the time the order is made. Cachao, S.L.U. may modify prices at any time without giving prior notice (this shall not be applicable during the offer periods published at the Online Store).
The prices of Products offered at the Online Store do not include shipping costs or applicable taxes. The price of the Products shall be subject to the addition of VAT legally applicable at any given time in accordance with current legislation.
Pursuant to the provisions set out under article 68 of Law 37/1992, of 28 December, governing Value-added Tax, the delivery of articles shall be understood as within the territory in which Spanish VAT applies if the delivery address is on Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the one legally in force at any given time, in accordance with the specific article in question.
As regards orders shipped to the Canary Islands, Ceuta and Melilla, the deliveries shall be exempt from VAT in accordance with the provisions set out under article 21 of Law 37/1992. This is without prejudice to application of the corresponding taxes and duties pursuant to current legislation in each of these territories.
The delivery prices specified do not include import taxes (duties), which shall be payable at destination in cash by the recipient of the goods.
Orders shall not be shipped to PO boxes.
By making a purchase at the Online Store the client undertakes to accept and be bound by the sales conditions.
The purchase system is subject to current legislation in Spain. Consequently, sales transactions shall be understood as carried out at the address of Cachao, S.L.U., calle Cotoner, 58 07013 Palma de Mallorca, Balearic Islands (Spain).
1.3.1 Delivery deadlines
All orders will be shipped within a deadline of three to 10 days from the date on which Cachao, S.L.U. accepts the order, depending on the place of delivery, excluding Saturdays, Sundays and public holidays, in which the minimum delivery deadline shall be three days.
The order shall be understood as delivered at the time when the Client or a third party specified by the Client acquires material possession of the products. This shall be substantiated by signing receipt of the order at the delivery address given by the Client.
The product risks shall be assumed by the Client from the time of delivery. The Client shall acquire ownership of the products once Cachao, S.L.U. has received full payment of all the amounts owed with regard to the same, including delivery costs, or at the time of the delivery if this takes place subsequently.
1.3.2 Prices and taxes
The delivery costs and applicable taxes shall be specified separately when the order is made.
The shipping costs for Andorra, Austria, Belgium, Denmark, Faroe Islands, Finland, France, Greece, Greenland, Ireland, Italy, Luxembourg, Monaco, Netherlands, Portugal, Sweden, United Kingdom and the Vatican shall be as follows:
If the client makes an order of less than two hundred and fifty euros (€250) the shipping cost shall be payable by the purchaser. For purchases in excess of this amount, the shipping cost shall be payable by Cachao, S.L.U.
For destinations other than the countries listed above, the shipping cost shall be determined and specified at the time when the client asks to make a purchase, in accordance with the prices that Cachao, S.L.U. has under the agreements established with transport companies.
1.3.3 Returns and refunds
No exchanges or refunds shall be entertained once the product has been received by the client, unless the product has a defect or anomaly. If the product has a defect or anomaly, the Client shall have a deadline of seven (7) calendar days to exercise their right to a refund, calculated from the date of reception.
To return the product, said product must be in perfect conditions and in its original packaging. Once the products have been received at our warehouse and we have checked the condition of the goods, the amount will be refunded in accordance with the payment method used by the client, providing that the products are returned because of a defect or an anomaly, and once Cachao, S.L.U. has verified said defect or anomaly. Only in this event shall the amounts paid be reimbursed in full to the Client, including shipping costs. This refund also requires the Client to have notified this circumstance within the deadline of seven (7) calendar days from the date of receiving the goods. In order to obtain a refund, the client must send an e-mail to the following address: email@example.com specifying the reason for the return.
The refund shall be given using the same payment method as the purchase.
All rights recognised in accordance with current legislation remain in force.
1.4. METHOD OF PAYMENT
Payment shall be made by PayPal or a credit card.
The transaction cost shall be payable by Cachao, S.L.U.
1.5. CLIENT DETAILS
To make purchases from our Online Store or to access certain services, the Client must register their personal data and choose a password to access all those areas that require prior identification. This will avoid the client having to re-enter their details subsequently. At the time when the client registers on our secure service or makes an order, their personal data, address and details concerning the payment method shall be incorporated into our database and used solely for processing the order and sending information on offers and services that may be of interest to the client.
The client’s registration details may be amended at any time (change of address, telephone number, etc.) and the client may contact us for a password reminder if this has been forgotten.
In compliance with the provisions set out under Organic Law 15/1999 of 13 December, governing Protection of Personal Data, as a customer of Cachao, S.L.U. the client may at any time exercise the rights to access, rectification, cancellation and opposition (ARCO rights), by writing to Cachao, S.L.U. at c/ Cotoner, 58, 07013 Palma (Mallorca) or by sending an email to firstname.lastname@example.org
1.5.3 Security Policy
The Online Store of Cachao, S.L.U. incorporates the essential measures to guarantee that the information provided by the client, including credit card details, remain private and secure, and to ensure that their payment and registration information is processed with complete confidentiality.
Cachao, S.L.U. uses a safe server whenever a purchase is made or access gained to information on the client’s account. The secure server software (SSL) encrypts all the information that the client provides before sending it to Cachao, S.L.U.
On using this website and/or sending personal information to Cachao, S.L.U., the client agrees and gives their consent to the processing of their personal information in the manner described in this Policy and pursuant to applicable legislation. In addition, by giving their consent the client authorises Cachao, S.L.U. to capture, deposit, administer, amend, update and organise their personal information. If the client disagrees with this Policy, we ask them not to use this website or provide Cachao, S.L.U. with their personal information.
The policy of Cachao, S.L.U. is to request minors not to make purchases or otherwise contract our products and services without prior consent from their parents or guardians, unless permitted under applicable legislation.
The acceptance of this Policy implies that you as a client are of legal age and able to accept and to be bound under the aegis of the terms and conditions of this document.
1.5.5. Protection of users’ personal data by Cachao S.L.
The user of the Cachao, S.L.U. website fully and unreservedly accepts that Cachao, S.L.U. undertakes automated processing of their data, and incorporates said data into a specific file for these purposes. Cachao, S.L.U. is the data controller of this file, which is duly registered with the competent authorities in compliance with legal requirements.
Due to the particular characteristics of the activity and the services provided by Cachao, S.L.U., and to enable better performance and securing of its objectives, the personal data provided by users for the purpose of receiving the services offered on this website must be processed. By the same token, it may prove necessary to transfer personal data to third parties, including international transfers. The transfer of personal data to such entities is for the exclusive purpose of being able to correctly provide the services offered by Cachao, S.L.U. To this end, said data shall be captured and processed on an automatic file belonging to Cachao, S.L.U. In this regard, Cachao, S.L.U. declares that it shall process the data provided in a confidential way and duly comply with Organic Law 15/1999, of 13 December, governing Protection of Personal Data and other applicable regulations in force.
At all times, users of the website or data holders have the right to access the file and may exercise their rights to rectification, cancellation and opposition in accordance with the provisions set out in the corresponding regulations.
Moreover, it is hereby placed on record that the user’s consent for the processing and transfer of their personal data shall be revocable at all times without backdated effects, pursuant to the provisions set out under articles 6 and 11 of Organic Law 15/1999, of 13 December, governing Protection of Personal Data, using the same mechanism as referred to previously.
Cachao, S.L.U. guarantees the nondisclosure of Personal Data, although it shall disclose these Personal Data and any other information that in its powers or accessible through its systems to the competent public authorities whenever required to do so in accordance with the applicable legal and regulatory provisions.
By the same token, Cachao, S.L.U. may capture information on the browsing carried out by users on the www.cachao.eu website using devices such as cookies or similar, exclusively for the purpose of providing a better service.
The Cachao, S.L.U. website may provide users with connections and links to other websites that are not managed by Cachao, S.L.U. and which are operated and controlled by third parties. Said links are for the exclusive purpose of facilitating users with the search for information and services, and under no circumstances can they be considered as a recommendation, invitation or similar by Cachao, S.L.U.
In this regard, Cachao, S.L.U. is completely exonerated from any kind of liability, whether direct, indirect or subsidiary, for damages or losses of any kind that could arise from the access, use, quality, legality, reliability, etc. of the contents, information, communications, opinions, declaration, products and services that exist or which are offered on websites not managed by Cachao, S.L.U. and which may be accessed through its website.
The persons or entities that wish to make a hyperlink or who produce a hyperlink from a webpage of another Internet portal to any of the pages of Cachao, S.L.U. must take into consideration the following rules in this regard:
- The mere existence of a “hyperlink” on a website does not under any circumstances represent a relationship between Cachao, S.L.U. and the owner of the website or the portal from where the link is made. Neither does it represent knowledge and acceptance by Cachao, S.L.U. of the services and contents offered on the aforementioned portal.
- The website on which the hyperlink is included shall not contain any trademark, trade name, lettering, denomination or other distinctive symbols belonging to Cachao, S.L.U., without express authorisation from this party. By the same token, the website shall not include any kind of false or misleading declaration about the website of Cachao, S.L.U., its employees, related companies or any service offered or contained on its website.
- Cachao, S.L.U. is, under all circumstances, expressly exonerated from any kind of liability stemming from the contents or services placed at the disposal of the public on the website or portal from where the hyperlink is made, as well as with regard to the information and declarations included in these.
1.6. OBLIGATIONS OF CLIENTS AND USERS
In general, the user is obliged to comply with these general conditions, as well as to comply with any special notices or instructions of use set out in the same or on the website. Furthermore, the user must always act in accordance with the law, good practices and the requirements of good faith, employing due diligence and refraining from using the website in any way that could impede, damage or impair the normal performance of the website, the properties and rights of Cachao, S.L.U., its suppliers, other users or any third party in general.
Minors are prohibited from accessing and using the portal without express consent from their parents. Cachao, S.L.U. is not liable for the veracity and accuracy of the details filled in by the user and cannot therefore check the age of users. More specifically, and without this representing any restriction whatsoever on the previous section, while using the www.cachao.eu website the user is under the following obligations:
a) To provide truthful information on the details requested in the user registration form or order form, and to keep these data updated.
b) Not to introduce, store or disseminate on or from the website any information or material that is defamatory, slanderous, obscene, threatening, xenophobic, likely to incite violence, discrimination on the grounds of race, sex, ideology, religion or which otherwise contravenes morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, current regulations in force at any given time.
c) Not to introduce, store or disseminate any program, data, virus, code or any other electronic or physical device through the store that is susceptible to causing damages to the website, to any of the services or any of the equipment, systems or networks of Cachao, S.L.U., of any other user or suppliers of Cachao, S.L.U. or of any third party in general.
d) To diligently safeguard the “username” and “password” provided by Cachao, S.L.U., duly accepting liability for any damages and losses that may stem from improper use of these.
e) Not to perform advertising activities or commercial exploitation activities through the website, and not to use the website contents and information to send advertising, or to send messages for any other commercial purpose, or to capture or store personal data of third parties.
f) Not to use false identities or impersonate others in the use of the website or in the use of any of the services available on the website. This includes the use of passwords or access codes of third parties.
g) Not to destroy, alter, utilise for own use, disable or damage the data, information, programs or electronic documents of Cachao, S.L.U., its suppliers or third parties.
h) Not to introduce, store or disseminate –through the store- any content that violates intellectual and industrial property rights or business secrets of third parties or, in general, any content for which it does not, pursuant to the law, have the right to make available to third parties. The client hereby undertakes to provide a delivery address to which the order can be shipped within normal delivery times. Should the client breach this obligation, Cachao, S.L.U. shall not be liable for any delay or non-delivery of the order requested by the client.
1.7. INTELLECTUAL PROPERTY
The intellectual and industrial property rights of any kind of trademark, logo and element susceptible to protection in this regard, contained on this website, belong exclusively to Cachao, S.L.U. or to third parties that have authorised their inclusion on the website. In general, Cachao, S.L.U. does not authorise the distribution, modification, transfer, public dissemination, reproduction or any other act related in full or in part to the information published on the website. Any such action requires prior authorisation in writing from Cachao, S.L.U.
Any reproduction, commercialisation, making available or distribution in whatsoever format of the same and which is not authorised by the owner represents an infringement of intellectual and industrial property rights. Said infringement could give rise, as appropriate, to the exercise of the applicable legal or out-of-court actions.
Access to the website of a third party under no circumstances gives the user any right whatsoever over the information, trademarks, photographs and any other kinds of elements to which the user may access through the website. Cachao, S.L.U. shall under no circumstances be liable for any infringements of this kind perpetrated by the user.
1.8. RIGHTS TO AMENDMENT OF THE GENERAL PROCUREMENT CONDITIONS.
Cachao, S.L.U. hereby reserves the right to unilaterally amend these General Procurement Conditions at any time, as well as future versions of the same, to better adapt these to market conditions.
Furthermore, should any of the clauses of these General Procurement Conditions be declared null or inoperative, the remaining Conditions shall be interpreted in accordance with the remaining covenants agreed by and between the parties.
1.9. EXCLUSION OF GUARANTEES AND EXONERATION OF LIABILITY
Cachao, S.L.U. does not give any guarantee whatsoever and is not liable under any circumstances for the availability or continuity of the services made available to the user through the website. Cachao, S.L.U. is thus expressly exonerated from any liability which could arise as a consequence of possible damages or losses caused by non-availability or continuity of its website or the services offered.
However, Cachao, S.L.U. shall make every effort to provide technical assistance to the person affected, placing all measures within its scope to re-establish the service as expeditiously as possible and, to the extent possible, offering alternative means.
Cachao, S.L.U. shall not under any circumstances be liable for any possible damages or losses of any kind stemming from the access or use of the website and its reservation system. In any case, the following webpage is hereby placed at the disposal of the user for any enquiry in this regard: email@example.com (customer service e-mail address).
Cachao, S.L.U. is not obliged to make any prior check on the absence of viruses or elements of any kind in the contents that could cause interferences or alterations to the software or hardware of users or persons that visit the website. The company shall therefore not, under any circumstances, answer for any damages or losses of any kind that could arise, as appropriate, as a consequence of these deficiencies.
1.9. LEGISLATION AND JURISDICTION
These conditions shall be interpreted in accordance with current legislation in Spain, and said legislation shall apply in a subsidiary way for anything not set out herein.
The contract shall be presumed to be executed in Palma de Mallorca, province of Mallorca (Spain), the venue that will determine the competent jurisdiction in the event of any possible disputes arising in the future.
The name for tax purposes is Cachao, S.L.U., with its registered address at calle Cotoner, 58, 07013 Palma de Mallorca (Spain).
The sales carried out are “distance sales” regulated under applicable Spanish legislation governing this issue.