This document establishes the General Terms and Conditions of Contract for the website https://calemi.com/, the purpose of which is the sale and purchase of CALEMI BROTHERS, S.L. products. (hereinafter, Calemi), with Tax Identification Code B76763945 and address at C/ LAURA GROTE DE LA PUERTA 9-11, CP 38110, SANTA CRUZ DE TENERIFE (Santa Cruz de Tenerife), by those natural or legal persons (hereinafter, the contracting person or user) who express their wish to purchase the products made available to them on the website https://calemi.com/ by means of a request made by electronic means, specifically, via the Internet through the website owned by Calemi.
1.- CONTRACTUAL INFORMATION AND DOCUMENTATION. ACCEPTANCE OF THE CONTRACT
These General Terms and Conditions of Contract are permanently displayed on the website https://calemi.com/, owned by Calemi, and all users may file them, print them and, therefore, be previously informed of the conditions under which the contracting of the products (hereinafter, the product) will be carried out.
Likewise, these General Conditions are reiterated together with a summary of the specific request - specific product/s contracted, cost with indication of taxes if applicable, etc. - for express acceptance by the contracting person - by clicking on "I have read and accept the general conditions of sale" - each time a specific request is made through the website.
It is not technically possible for the contracting person to complete the order without acceptance of these General Terms and Conditions. In order for the contracting person to be able to make this acceptance and, therefore, to place the order, he/she must provide his/her details when placing the order on https://calemi.com/, at which time he/she accepts these Terms and Conditions.
By accepting these Conditions, the contracting person gives their express and unreserved consent for Calemi to carry out the collection operations necessary for the purchase of the product that they are contracting, expressly authorising CALEMI BROTHERS, S.L. to make the payments using the payment methods that they themselves have selected, or introduced from the secure area set up for this purpose, in accordance with the payment services regulations.
These General Conditions together with the specific request made via the Internet by the contracting person - also referred to as "Particular Conditions" - make up the content of the contract between Calemi and the contracting person, who declares that he/she has sufficient capacity to contract and has read, understood and accepted these Conditions.
Calemi will send confirmation of the order placed to the e-mail address associated with the contracting person's account within a period of no more than twenty-four hours from the time the contracting person enters into the contract.
These General Terms and Conditions shall be permanently available to the contracting person on the website. Any subsequent modification of these General Conditions will be clearly displayed in an easily accessible place on the website https://calemi.com/. All the aforementioned documentation may be printed and filed by the contracting person and may be requested at any time from the Customer Service Department, via e-mail sent to info@calemi.com, or by calling the telephone number 922 22 55 83.
Any request for information or complaint that is considered pertinent may be made to the Customer Service Department at the addresses identified in the previous paragraph. The Service will acknowledge receipt of the complaint submitted by sending the relevant receipt - with the corresponding identification code - to the e-mail address to be provided to the Customer Service Department in order to process the complaint.
2.- OBJECT
Calemi hereby undertakes to deliver to the contracting person the product that the latter has requested through the website https://calemi.com/ in exchange for a certain price and in accordance with the conditions set out in this document.
3.- RIGHTS AND OBLIGATIONS OF CALEMI
3.1. Delivery of the product
Calemi undertakes to deliver the product in perfect condition to the address indicated by the contracting person on the order form containing the specific conditions that are attached to these general conditions. Calemi will not be liable for any errors caused in the delivery when the data entered by the contracting person on the order form does not correspond to reality or has been omitted.
Unless otherwise agreed by the parties, Calemi will deliver the product by transferring its material possession or control to the contracting person, without undue delay and in accordance with the deadlines indicated on the website, which in no case will exceed thirty calendar days from the conclusion of the contract.
The products offered on the website are subject to stock limits. In the event that the product requested by the contracting person cannot be supplied because it is not available, the contracting person shall be informed of this unavailability before finalising the purchase, in the product file itself and, in any case, by e-mail once the purchase request has been received. If the contracting person has not been informed of this and has purchased a product that is out of stock, the amount paid will be refunded without undue delay.
3.2. LIABILITY
Calemi shall in no event be liable in connection with:
3.2.1. Errors, delays in access by the contracting person when entering their details on the order form, the slowness or impossibility of confirming the order or any anomaly that may arise when these incidents are due to problems in the Internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of Calemi. In any case, Calemi undertakes to solve any problems that may arise and to offer all the necessary support to the contracting person in order to reach a rapid and satisfactory solution to the incident.
3.2.2. Errors or damage caused by inefficient and bad faith use of the product by the contracting party.
3.2.3. The inoperability of the e-mail address provided by the contracting person for the sending of the order confirmation.
3.2.4. Calemi is fully responsible for the quality of the product and accepts the return of the same as long as they are defective or do not reach the contracting person in correct condition. The contracting person must make the return claim through the website itself in its specific section in order to be able to effectively monitor the incident. In this case, Calemi will cover the costs incurred as a result of such a return, provided that the contracting person notifies this fact within fourteen days from the date of delivery and that the product has not been consumed or altered in any way. Calemi is exempt from any liability in relation to possible breakages or defects in the product that occur after delivery of the same; likewise, Calemi shall not be liable in relation to any product that has already been consumed or used without any type of incident on the part of the contracting person who intends to make a claim.
The contracting person, before signing the delivery of the order, must check that the product is delivered in perfect condition, if he/she gives his/her conformity at the time of delivery it is understood by both parties that the product was delivered correctly and that therefore, the possible deterioration occurs after its delivery.
3.2.5. The contracting person expressly waives the right to claim any contractual or extra-contractual liability for possible damages or losses derived from the aforementioned in this clause. In any case, Calemi's liability if it fails to comply with the provisions of this agreement in accordance with the terms of these General Conditions will be limited to the refund of the amount that the contracting person may have paid, as the case may be, and always after the contracting person has returned the product in question.
3.2.6. The contracted product has the guarantee of conformity provided for in the Law. If the product does not conform to the contract, the contracting person may choose between demanding the repair or replacement of the product, or, where appropriate, a reduction in its price or the termination of the contract, under the legally established terms.
4.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PERSON
4.1. Payment
The contracting person undertakes to pay the amount for the product actually ordered in the amount and in the manner established in these Conditions.
4.1.1. Amount
The remuneration for the product actually ordered by the contracting person shall be that indicated on the website and that which appears in the specific request of the contracting person at any given time (except in the case of typographical or manifest error); requests which shall constitute the particular conditions of the order. The price of the product appearing on the website is always indicated in Euro.
In the event of an error in the price of the product requested by the contracting person, Calemi will inform him/her as soon as possible and will give him/her the option of reconfirming the order at the correct price or cancelling it. In the event that the contracting person cannot be contacted, the order will be considered cancelled and the amounts paid will be refunded in full, without any right to compensation.
The full final price shall include: taxes or fees, the amount of any increases or discounts applicable to the offer and any additional costs - for example, those associated with transport, means of payment, etc. - that may be charged to the contracting person, which shall be expressly accepted by the contracting person.
Under no circumstances will the contracting person be invoiced for charges that exceed the cost borne by Calemi for the use of certain means of payment.
Calemi will issue the invoice corresponding to the contracted product, detailing all the items that comprise it. The contracting party expressly consents to the invoice being sent electronically to the e-mail address provided when processing the order. At any time, the Contracting Party may communicate their wish to receive invoices on paper, by writing to the Customer Service Department.
4.1.2. Payment methods
The contracting person must pay the amount corresponding to the contracted product using one of the payment methods/procedures available on the website. The additional costs associated with the selected payment methods must be paid and confirmed separately under the terms indicated on the website.
4.2. Changes
In our shop we accept exchanges of products due to changes of preferences or characteristics of the products.
We will also be accepted in cases in which the article presents some damage, or if the specific characteristics susceptible of choice were not the chosen ones.
To make changes you must contact us within a maximum period of fourteen calendar days after the arrival of the order. You can write to us at info@calemi.com, through our contact form or by opening a ticket from your user account.
- Calemi will be responsible for any shipping costs for changes due to damaged items.
- The costs for changes in preference or specific characteristics of the product that are made after the product has been received, will be paid by the buyer.
- Changes will not be allowed on products that are unsealed, without labels, dirty or that show any sign of use, deterioration or damage (caused by the user).
4.3. Withdrawal
The contracting person who is a consumer may withdraw from the contract made at https://calemi.com/ within fourteen calendar days without the need for justification, counted from the day of delivery of the last of the products included in the contract, except in the case of a contract for the periodic delivery of products during a specific period, in which case the period for exercising the withdrawal will begin to run from the delivery of the first good.
The contracting of products which, due to their nature, cannot be returned because they deteriorate or expire quickly, or those which, being sealed, have been unsealed after delivery and are not suitable for return for reasons of health protection or hygiene, shall not be subject to withdrawal.
In order to exercise the right of withdrawal, the contracting person must notify their decision to withdraw from the contract by means of an unequivocal statement to: CALEMI BROTHERS, S.L., with address at C/ LAURA GROTE DE LA PUERTA 9-11, CP 38110, SANTA CRUZ DE TENERIFE (Santa Cruz de Tenerife), or at info@calemi.com, indicating that he/she withdraws from the contract and providing the following data: order reference, date of receipt, name and surname of the contracting person, his/her address and signature. You may also use the model form provided for in the current regulations on consumer and user protection:
Model withdrawal
(only to be completed and sent if you wish to withdraw from the purchase)
For the attention of CALEMI BROTHERS, S.L. (Calemi), with address at C/ LAURA GROTE DE LA PUERTA 9-11, CP 38110, SANTA CRUZ DE TENERIFE (Santa Cruz de Tenerife) and e-mail info@calemi.com.
- I/we hereby inform you (*) that I/we withdraw from my/our (*) contract of sale of the following good/provision of the following service (*):
- Ordered on/received on (*):
- Name and surname(s) of the consumer(s) and user(s):
- Address of the consumer and user(s):
- Signature of the consumer and user(s) (only if this form is submitted on paper):
- Date:
(*) Delete as appropriate.
- Include proof of identity.
If the withdrawal is submitted on paper, it must be duly signed by the contracting person. In order to comply with the deadline, it is sufficient for the notification to be sent before the deadline expires. In the event of withdrawal by the contracting person, Calemi will refund all payments received, excluding transport, without undue delay. Such reimbursement shall be made using the same means of payment used for the initial transaction, unless expressly agreed otherwise; in any event, no charges shall be incurred as a result of the reimbursement. Calemi may withhold the reimbursement until it has received the products or until proof of their return has been provided.
The contracting person must return or deliver the products directly to CALEMI BROTHERS, S.L. (Calemi), with address at C/ LAURA GROTE DE LA PUERTA 9-11, CP 38110, SANTA CRUZ DE TENERIFE (Santa Cruz de Tenerife), without undue delay and, in any case, no later than fourteen calendar days from the date on which he/she communicates his/her decision to withdraw from the contract. The deadline shall be deemed to have been met if the goods are returned before the expiry of this period.
The contracting person must assume the direct cost of returning the products, either by their own means or by requesting a quote from Calemi. The contracting person is liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.
4.4. Liability
In any case, the contracting person shall be responsible for this:
The contracting person assumes all risks of deterioration, impairment, damage and loss of the product from the moment that the product has been placed at his or her disposal by the third party who, on behalf of Calemi, delivers the product ordered.
The contracting person undertakes to check the good condition of the product with the third party who, on behalf of Calemi, delivers the product ordered, which check shall be carried out prior to signing the proof of delivery.
5.- RESOLUTION
Calemi and the contracting person may terminate this contract for any of the causes established by law, and in particular for breach of these General Conditions. The termination of the contract may be exercised by contacting the other party at: the postal address provided by the contracting person when contracting the service, and at the address of Calemi, duly identifying the contract to be terminated.
6.- COPYRIGHT AND TRADEMARK
Calemi informs that the contents, programming and design of the website https://calemi.com/ are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited without the express consent of Calemi. Calemi may use external sources for the preparation of its contents on certain occasions and/or establish links or hyperlinks to articles or information from third parties, always quoting the source. The legitimate owner of the copyright of the information thus included may at any time request the elimination of the aforementioned references.
7.- GUARANTEE
All products available in our online shop come with a legal guarantee. If a product purchased from Calemi is defective, you must contact us so that we can proceed with its repair, replacement, price reduction or refund.
Repair and replacement will be carried out in accordance with the following rules:
They will be free of charge for the consumer, including the necessary expenses incurred to remedy the lack of conformity of the products with the contract, in particular the shipping costs, as well as, where appropriate, the costs related to labour and materials.
If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the customer may demand the replacement of the product, unless this option is disproportionate, a price reduction or termination of the contract.
If the replacement fails to bring the product into conformity with the contract, the customer may demand the repair of the product, unless this option is disproportionate, a price reduction or termination of the contract.
The customer may not demand replacement in the case of non-fungible products.
The price reduction and termination of the contract shall be subject to the following rules:
They shall be applicable, at the customer's choice, if the customer is unable to demand repair or replacement and if these have not been carried out within a reasonable period of time.
The termination shall not be applicable when the lack of conformity is of minor importance.
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. The seller is liable for any lack of conformity that becomes apparent within two years of delivery. You can contact us by e-mail at info@calemi.com or by telephone on 922 22 55 83.
Notwithstanding the above, the seller shall have the right to investigate the complaint, and may be asked to provide evidence of the defect or non-conformity. If as a result of the investigation it is established that the reported defect does not exist or is not the Seller's responsibility, the Seller shall be entitled to be reimbursed by the Customer for the costs incurred in making the complaint.
If the repair is carried out, it suspends the calculation of the two-year period from the time the product is placed at Calemi's disposal until it is delivered to the customer. Replacement suspends the calculation of the period from the time the customer exercises this option until the new product is delivered to the customer.
Exceptions to the guarantee:
Damage shall not include any scratches/scratches on the product packaging.
Damage associated with the handling of the product by the customer is not covered by the guarantee (scratches, scuffs, breakages, stains, loss of cases or packaging, etc.).
Damage associated with the handling of the product during the delivery process must be notified to the delivery person, or within 24 hours, in order to be able to make the exchange and make the claim to the transport company.
8.- DATA PROTECTION
The data provided by the contracting person in accordance with these General Conditions will be processed in accordance with the terms stipulated in the Privacy Policy published on the website.
9.- JURISDICTION AND APPLICABLE LAW
These general conditions are governed by the provisions of Spanish legislation and the applicable European regulations. Any dispute arising out of or in connection with the use of the website shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals of the province of Santa Cruz de Tenerife. If you are a consumer, current legislation allows you to choose to file a claim to enforce your rights in relation to these Conditions before the court or courts corresponding to your domicile.
We also remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
10.- OTHER
10.1. PARTIAL INVALIDITY
In the event that any clause of this document is declared null and void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. Calemi may not exercise any of the rights and powers conferred in this document, which shall in no case imply the waiver of the same unless expressly acknowledged by Calemi.
Date: 28/11/2022
Version: 1.1