Conditions of sale

 

Purpose and Overview

These Terms and Conditions (hereinafter the "Conditions") govern your use of the Website www.theorangecut.com (hereinafter the "Website"), owned by ORANGE SHOPS SL (hereinafter the "Company"), and the conditions of purchasing products on the website (hereinafter "Products").

THEORANGECUT is a Web e-commerce platform that sells Products with special prices offered by ORANGE SHOPS SL, based in Barcelona, Sant Antoni Maria Claret 221 At 3, with CIF number B66435819.

By accepting these Conditions of Sale, the user agrees that his/her data becomes part of the file "Web users" of the company, and these files will be used as explained in the Privacy Policy provided.

The Company provides information about third-party products, and offers the possibility of purchasing through the Web Site. Users intending to navigate the Web Site or buy products may or may not be previously registered on the Website. The signup process requires filling out the registration form on the first purchase, and accepting the terms and Conditions of Sale and Privacy Policy.

These Conditions of Sale are the conditions to use the Website and purchase products through the Website and supersede any other previous conditions, except by prior written agreement between the Company and the user. Consequently, the user accessing the Web Site and/or purchasing products through the Website agrees to follow and is bound by the Conditions of Sale as written at the time of access to the Website.

Any User accessing the Website must be over 16 with sufficient legal capacity to contract.

The Company operates through the Website with the Countries specified in Delivery policies (hereinafter the "Territory"). The Company only allows shipments and the distribution of Products within the Territory.

Capitalized terms not defined in these Conditions of Sale shall have the meaning attributed by the Company on the website.

 

Prices and Product Information

Product Descriptions (as defined below) offered on the Website are made based on the information and documentation provided by the suppliers and Business partners.

The photographs, graphics and iconographic representations concerning the Products and trade names, trademarks or distinctive signs of any kind on the Website are intended to provide as much information as possible to the user.

In the event that, for reasons of force or for any effect attributable to the Company, the Product is not available after the purchase has been made, the Company will inform the User by email of the reason for the delay, and, if the product cannot be obtained within a maximum of 5 days, the User will be offered the opportunity to cancel the order and receive a refund of the full amount paid.

Prices for products offered via the Website include VAT for the EU countries (except specific territories, like Canary islands). However, do not include VAT and customs duties for countries outside the European Union. Prices for products offered via the Website do not include the shipping cost of the products. These are detailed in the payment process and must be accepted by the user at the time of order submission. Some EU territories do not include VAT but custom taxes may be applied, like Canary islands.

Shipping costs are not charged if the user purchases one or more products for a total amount equal to or greater than the total shipping amount which depends on the destination country, and specified in the Delivery Policies as free shipping.

The information on comparative prices and discounts to the Products listed on the Website are calculated based on the price at the point of sale provided by the suppliers of the Company.

The Company reserves the right to change prices at any time. Products are invoiced at the price in effect at the time of registration of the order.

 

Order Management

Purchase Products and order confirmation

Users buying products through the Website do so by following the procedure in the "Order Form" section.

The Company will send the user an email, within twenty-four (24) hours of receipt of the formal order by the user, which is an email acknowledgment and confirmation of the purchase. The order and, therefore, the contract shall be formalized upon receipt of payment of the price set by the Company.

Payment for Products

At the time of payment of the final price plus the shipping cost of the purchased products through the Website an email is sent to the User by the Company with an acknowledgment and confirmation of the purchase.

The corresponding proof of purchase will be available in the "My account: Order History and details."

The User must pay by credit card or debit card Visa, MasterCard, 4B, American Express, Visa Electron and / or other similar cards, through the PayPal system or by bank transfer.

The User shall notify the Company via the email info@theorangecut.com of any abuse or fraudulent charges on the card used for purchases on the Website, in the shortest time possible, in order to allow the Company to take the appropriate actions.

The Company has the highest security measures available commercially in the sector. Also, the payment process works over a secure server using SSL (Secure Socket Layer). The secure server establishes a connection so that the information transmitted is encrypted using 128-bit algorithms, which ensures that it is only intelligible to the user's computer and the Website. Thus, using the SSL protocol ensures:

(I) That the user is submitting their data to the central server of the Company and not to any other.

(II) That between the User and Business center server data is transmitted encrypted, avoiding any possible access or use by third parties.

Likewise, the Company states that they do not have access or store sensitive data concerning the means of payment used by the User. Only the payment processing entity has access to this data and to the administration of payments and receipts. Once the sale is completed, an electronic document in which the contract is detailed can be found in the "My Account: Order History and details ".

The Company, in order to ensure the safety of its users and the transactions that they make through the Website, reserves the right to request information, confirmations and/or documents from users after having made one or more purchases through the Website, by telephone or e-mail to the number provided by the user, in order to confirm that the User made or authorized such purchase(s) and / or to ensure that the delivery or return of an item has been successful. The Company may make various checks on the identity of the user, or request: (a) a confirmation and authorization in writing signed by the User responsible for the purchase(s), and (b) copy of official User identification with photograph to confirm their identity. The Company is obligated to safeguard such information and documents with the highest available security measures, in terms of the Spanish “Ley de Protección de Datos de Carácter Personal“ in force.

If the user does not answer favorably or deliver to the Company the documents and information requested within seven (7) calendar days from the date of the call or of the sent email, the transaction(s) detail(s) in such communication and the order(s) concerned will be canceled automatically, without further notice or liability to the Company for security of the User, and the Company will proceed with automatic refund of the amount paid by the user for the purchase(s).

This procedure is for the safety of the Users of the Company and therefore, the User, by accepting these Conditions of sale, agrees to undergo the procedure of detecting possible fraudulent transactions referred to above, without liability to the Company, and authorize the Company to use the information and documents provided for future transactions that are performed by the same User.

 

Order Delivery

(I)  Place of delivery

The Company agrees to deliver the product in perfect condition to the address specified by the User, except PO Boxes, either if you chose delivery to residential address, which must fall within the Territory, or collected at the shop, in Barcelona (Spain). However, for some products that include more than one piece, i.e. mostly knife blocks and cutlery, the Company will send a message to the user to ask for permission to open the product, introduce additional protection for transport and verify that it includes all parts specified in the Product description before sending it. If the user does not give this authorization to the Company, the Company is not responsible for the conditions in which the product is delivered and in case of return, the User shall bear the shipping costs. If the user chooses delivery to a residential address and to optimize the delivery process, the given address must be an address where delivery can be made during normal business hours.

The Company shall not be liable for errors or damages caused by delivery when delivery addresses entered by the user do not fit the place of delivery desired by him/her.

The Company may attempt to deliver the same order by multiple deliveries of different dates.

Alternatively, the User can select pickup at the shop as a delivery method. In these cases, the Company will send an email to the user notifying the date on which the order will be available in the office.

The product will be available to the User in office for fourteen (14) calendar days from the date indicated in the email and/or phone. If the User does not collect the Product after that period, the total amount shall automatically be refunded minus 20€ handling fee, and the item becomes available for re-sale.

At the time of delivery of the order, the user must show personal ID to the carrier, sign the delivery note and request a copy from the carrier.

 

(II)  Delivery

Under normal conditions, if the Company has the product in stock, shipping is done on the same day or next day depending on the time of purchase. Delivery time of the Product depends on the country of destination and shipping option chosen, among the different options and carriers offered by the Company.

If the Company does not have the product in stock, a new order to the local supplier is immediately placed. Typically, in a maximum 3-day period the Company is in a position to ship the product. If the Company cannot receive the product within this time-frame, an email is sent to the user informing him/her of the delay.

If the local supplier does not have the item in stock, the Company will inform the User of this event and will attempt to communicate a delivery date, provided that the local provider is able to give a date.

If the local provider does not provide a delivery date, the Company will provide a) alternatives to the Product purchased and (b) the option of a full refund of the amount paid.

The Company does not deliver on Saturday, Sunday, or local holidays.

The Company will inform the user, by sending an email, of the shipping of the order, the contact details of the shipping company that will perform the delivery and a tracking number.

The delivery is considered complete at the moment the product has been handed to the User at the place of delivery indicated by him, according to information from the shipping company, or when the User collects the Product at the shop.

The liability of the Products (including loss, damage or theft) will be transmitted to the user at the time the order has been delivered in accordance with these Conditions of Sale.

 

Order cancellation, extension, and order returns

Users may cancel orders or extend orders accepted and confirmed by the Company provided that stock is available.

Order cancellations or extensions will not be accepted: if (I) the brand/product is no longer in stock (II) the order has already been sent. If the User wishes to cancel an order in these cases, it shall be returned, as indicated below.

The cost of extending an order is specified for each particular case.

In case of return, there will be a maximum of seven (7) business days after delivery of the item.

After the seven (7) business days, the Company will not accept returns for withdrawal.

Product returns that the Company deems to have been misused will not be accepted.

To make a return, the user must send an email to info@theorangecut.com attaching a copy of the delivery note and indicating the reason for return. If applicable, the Company will respond to the request with the shipping address and return authorization number. Once the return is authorized the following requirements must be met in order to become effective:

1) The Product must be in the same condition as delivered and shall retain the instructions, documentation, accessories, original packaging and labeling.

2) The return to the Company must be made using the same box used in delivery or in a similar format to ensure the return of the Products in good condition and properly safeguarded.

3) A copy of the purchase order, the authorization document previously provided and the delivery note of the Products should be included within the package, itemizing the returned Products and the reason for return.

Shipping costs must be paid by the User unless the Company agrees otherwise. The pickup address must be the same as delivery. The Company is not responsible for any incident that may arise in the shipping process, for example customs formalities. In these cases, the responsibility lies on the user.

Once products are received, the Company will notify the user and check the adequacy of the returned Product and will reserve the right to refuse refund if it detects that the products purchased and returned are incomplete or mismatched or if the return was not performed in accordance with the Conditions of Sale.

Partial returns of an order will result in partial refund.

The Company will manage the refund by using the same payment system used by the user to purchase the Products, within forty-eight (48) hours after the arrival of the returned items. The refund of the price in the User account or credit card depends on the card and the bank. The application deadline for the return of the price will be up to seven (7) calendar days for debit cards and up to thirty (30) calendar days for credit cards.

 

Warranty of the Products acquired

The products have the legal warranty period of two (2) years from the date of delivery and in accordance with the applicable regulations. The User must inform the Company of the lack of conformity within two (2) months after he has knowledge of it.

The warranty offered corresponds to that established in the Spanish Royal Decree 1 /2007, of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users.

The warranty does not cover defects caused by neglect, beatings, use or misuse, unsuitable voltage, electrical accidents, installation and / or use not in accordance with the instructions or not carried out by authorized service where appropriate. Excluded from warranty are products modified or repaired by the user or any other person not authorized by the manufacturer or supplier.

The User shall not be entitled to exercise the guarantee of products and therefore the warranty does not apply:

a) If some of the details of the warranty provided, or proof of purchase of the Products are modified, altered or replaced.

b) If the identification number or the product is handled or repaired without the knowledge and authorization of the service or the issuer of the product.

c) If there is no proof of purchase of the Products to make use of the warranty, it is essential to retain the Product receipt.

In the event that the manufacturer gives additional commercial guarantees for its exercise, the retention of these documents is required.

 

Intellectual property

The website "www.theorangecut.com" is a registered domain by the Company. This domain cannot be used without prior written consent of the Company, in connection with other services that are not of the Company to cause confusion among customers or discredit the Company.

Also is strictly prohibited copying, reproduction, adaptation, modification, distribution, commercialization, public communication and / or any other action that involves a breach of the Spanish legislation and / or international intellectual property and / or industrial and the use of the contents of the web Site except with the prior written permission of the Company.

 

Responsibility of the Company

As is stipulated in the applicable legislation, the liability of the Company in connection with the Products purchased on the Website shall be limited to the purchase price of such Products.

The Company does not assume any responsibility:

 1) The use that Users may make of the Website materials or linked websites materials, whether prohibited or permitted in violation of the rights of intellectual and / or industrial content on the Website or third parties.

2) The potential damage caused to users as a result of normal or abnormal functioning of the search tools, organization or location of the content and / or access to the Website and, in general, the errors or problems arising in the development or implementation of the technical elements of the Website.

3) The content of those pages that users can access from the links on the Website, whether authorized or not.

4) The acts or omissions of third parties, regardless of whether these third parties may be attached to the Company by contract.

5) The access of minors to the content included on the Website, the responsibility of parents or guardians to exercise proper control over the activity of the child or children in their care, or install any of the tools to control the use of the Internet in order to prevent access to material or content not suitable for minors and sending personal data without prior permission of their parents or guardians.

6) Of errors or delays in access to the Website by the User at the time of entering his/her details in the Order Form, slowness or inability to receipt by the addressees of the order confirmation or any anomalies that can arise when these incidents are a result of problems in the Internet, fortuitous events or force and other unforeseen contingencies beyond the good faith of the Company.

7) Of failures or incidents, incomplete transmissions so that there is no guarantee that the Services of the Website are constantly operational.

8) Of errors or damage to the Website due to inefficient use of bad faith by the User.

9) The inoperability or problems in the email address given by the User for sending order confirmation.

The Company undertakes to solve any incidents that may occur and provide all necessary support to the user to achieve swift and satisfactory resolution of the issues that may arise in the Website.

The Company also has the right to, during defined time intervals, promote campaigns to encourage the registration of new members in their service. The Company reserves the right, always in compliance with the applicable legislation, to modify the conditions of implementation of promotions, extend them with proper communication, or proceed to the exclusion of any participant of the promotion in the event of any abnormalities, abuse or unethical behavior involving the same (such as bulk purchases, commercial, fraudulent activity, etc.).

 

Modification, revocation and Integrity of the Conditions of Sale

The Company reserves the right to modify at any time without prior notice, the presentation and configuration of the Website and the Conditions of Sale and Privacy Policy. Users will always have these Conditions of Sale in a visible place, freely accessible to all if they have questions they may want to ask. The acceptance of these conditions will be a prerequisite and essential step to the purchase of any product available on the website.

Should any clause of these Conditions of Use be declared invalid, the remaining provisions remain in full force, taking into account the will of the parties and the purpose of these Conditions of Sale.

The non-exercise by the Company of any right under these Conditions of Sale shall not be considered as a waiver of such right unless expressly waived and written by the Company or limitation of action in each case.

These Conditions of Sale and the contract documenting the acquisition by the user constitute the will of the Company and the User in relation to its subject and supersedes and replaces any other agreements or contracts, verbal or written, reached by the parties prior. Any modification of these Conditions or the contract documenting the purchase of the Products shall be made in writing and by mutual agreement between the Company and the User.

 

Transfer of rights and obligations

Both the Company and the User may assign and / or transfer freely at any time and in accordance with applicable law, the rights and obligations under these Conditions of Sale or the purchase of the Products on the Website. The party that transfers his rights is obliged to notify the other party, providing the identity of the person / entity to which it has given those rights and obligations. This notification must be in writing and in a manner that ensures receipt thereof.

 

Governing Law and Jurisdiction

These Conditions of Sale are governed by Spanish law.

In case of dispute or disagreement arising from the purchase of products in the Web Site and / or these Conditions of Sale and to resolve any disputes, the parties agree, in their discretion, and to waive any other jurisdiction to which they may be entitled to the courts for the registered office of the company town.