Terms of service
Av. de la Ingeniería, 9 | Talleres 72 y 77 (Parque Empresarial Arte Sacro)
41015 – Sevilla
CIF B90017195
Reg. Merc. of Seville, volume 5566, page 169, page SE-94165, inscription 1a CIF: B-90017195
1. READ THESE TERMS CAREFULLY
These General Terms and Conditions expressly regulate the relationship that arises between GESTIÓN INTEGRAL SOSTENIBLE. SL, Av. de la Ingenieria, 9 | Talleres 72 y 77 (Parque Empresarial Arte Sacro) 41015 - Seville and with CIF B-90017195 (hereinafter "CHERUBINA") and third parties (hereinafter "Users") who register as users and/or purchase products through the official online store CHERUBINA website (http://WWW.CHERUBINA.COM", hereinafter referred to as the "Store").
2. PURPOSE OF THE AGREEMENT
These Regulations constitute the entire agreement regulating the terms of purchase of products made available to Users by the registered trademark CHERUBINA on the Website ("Products").
Access to the Website or its use by the User, as well as the purchase of any Product, means that he or she has read and accepted these Regulations without any reservations, therefore it is recommended that the User read them carefully each time they want to buy a Product.
3. PURCHASE OF PRODUCTS
How to buy products online
In order to place an order for Products, the User must follow the purchase procedure set out on the Website, read and accept these Terms and Conditions and select the "Finish and pay" option ("Order"). CHERUBINA will then send you an email confirming acceptance of your Order ("Order Confirmation"). The agreement between you and CHERUBINA will be finally formalized after CHERUBIN sends you a Confirmation of Purchase. The subject of the agreement will be only the Products indicated in the Order.
Product availability
All Orders are subject to Product availability. In the event that, after sending the Shipping Confirmation, CHERUBINA is unable to dispose of the requested Product for any reason, it will contact the User as soon as possible informing him of this fact. In this case, CHERUBINE can:
- Offering the User, without increasing the price, a product with properties and specifications similar to those originally requested, as long as they are in line with the User's needs.
- Offer the User to wait for the product to arrive and ship it as soon as it is back in stock.
- Offer the User to cancel the requested Order by refunding the amount paid for it within 14 business days.
For Sold Out Products with BOOK NOW (Pre-Order):
A Pre-Order is a pre-order, a reservation for a product that is not yet in stock or available for shipping. The advantage of pre-ordering products is that you can guarantee the product you want without the risk of it running out of stock as soon as it comes online. Orders for some items can be very high and can often be sold out before they physically reach the warehouse.
The RESERVE option will appear when the product you want to buy is not in stock at the time of purchase. If you pre-purchase, it means that you have purchased a product that will go into production and be available for shipment directly to the address you provided as soon as possible.
The date shown on each BOOK NOW product is indicative and corresponds to the product's arrival at the workshop, not the specific shipping date of that product. All products will be shipped with prior notice "from" the said date when orders are processed, placed and shipped in the strict order of purchase.
Due to various global circumstances caused by COVID19, the collection of products may be slowed down, but will never be canceled without prior notice from CHERUBIN
If you place a pre-order, it will be treated as a regular order and payment for the purchase will be made at the time of purchase.
NOTE: Orders containing pre-order items cannot be shipped until their distribution date. This means that if you include these items in an order with regular products, they will not be confirmed or shipped until the pre-order item is available. If you want to receive regular products before pre-order products, please remember to order them separately.
If, after placing your order, you decide that you no longer want it, please contact pedidosweb@cherubina.com as soon as possible to cancel your shipment before it leaves our warehouse.
Refusal to execute the Order
Whilst CHERUBINA will endeavor to fulfill all Orders at all times, there may be exceptional circumstances which will force CHERUBINA to decline to process an Order after an Order Confirmation has been sent, therefore CHERUBINA reserves the right to do so at any time in its sole discretion.
CHERUBINA reserves the right to withdraw any Product from the Website at any time and to remove or modify any materials or their content, without being liable to the User or to third parties for the fact of withdrawing the Product from the Website, regardless of whether the Product has been sold or not, to remove or modify any material or content on the Site.
Guarantee
Products are deemed to comply with the Terms of Use provided they meet all of the requirements set out below:
- They are consistent with the description prepared by CHERUBINA and have the characteristics of the Product that CHERUBINA presented to the User in the form of a sample or model.
- They are suitable for applications for which products of the same type usually have.
- They are suitable for any special use requested by the User where CHERUBINA has been informed of this, provided CHERUBINA has acknowledged that the product is suitable for such use.
- Represent the usual quality and benefits of a product of the same type that the User may expect, given the nature of the Product.
If the Product is proven to be inconsistent with the agreed specification, CHERUBINA will repair, replace, reduce the price or terminate the contract, where appropriate, free of charge for the User.
CHERUBINA takes the utmost care in presenting and describing the Products. However, the photos of the Products are for illustrative purposes only. For the exact features of each Product, please refer to the relevant descriptive data accompanying each Product. In the same way and for the same reason, please consider that the color of the items may vary depending on the device/screen you are viewing the image from, and that the color or shade shown in the product photography may NOT exactly match the color or tone of the actual piece .
CHERUBINA guarantees that the products purchased in our online store are of high quality and are free from defects and / or defects in material or workmanship, provided that they have been subjected to normal use.
Pursuant to the General Consumer and User Protection Act and other supplementary laws, all CHERUBIN products are covered by a two-year warranty from the date of delivery and proceed to repair, replacement, price reduction or refund of the product as appropriate.
If you need to make a warranty claim, please contact us by email at pedidosweb@cherubina.com. The consumer and the user must notify the seller of the non-compliance with the contract within two months of becoming aware of it.
This warranty does not cover any damage or wear caused by the use of the garment. CHERUBINA shall not be liable for damage to the Products that may result from their misuse, as well as actions or omissions of the User that are inconsistent with the specification of each Product or damage caused by third parties not related to CHERUBINA.
Sewing/preparation time
The time it takes from ordering to shipping depends on the type of product you purchased:
- PARTY HEADDRESSES, HATS AND BAGS: Each CHERUBINA headdress, hat and handbag is individually made, entirely by hand, in our workshop in Seville. Therefore, the production process can vary from 1 to 3 weeks. Stock: We don't have headgear in stock for online orders. Stock is based on material availability, but each headgear must be handmade to order; please note that this is a process that may take some time. When making your purchase, you can choose the "Express Tailoring" option to ensure that the garment, shipping and delivery process takes approximately 5 to 7 business days, or you can select the "Standard Confection" option. that said process lasts for approximately 1 to 3 weeks.
- PARTY, DAILY, HOMEWEAR & MASKS COLLECTION: Items in stock will be shipped within approximately 1 to 7 days of purchase confirmation. These conditions are subject to change.
- SUNGLASSES, EARRINGS AND COMBS These items will be shipped approximately 1 to 7 days after purchase confirmation. Please note that all our gold products are handmade products. We work so that your order reaches you in the best possible condition, which is why we sometimes decide to review the gilding, introduce corrections, etc., which may extend the delivery time. If possible, please specify the date by which you would like to receive your order.
- DRESSES COLLECTION - READY TO LOVE These items will be shipped approximately 30 to 40 days after purchase confirmation. Please note that all of our Ready To Love wedding dresses are made to order and sometimes it may be necessary to order materials specifically for these preparations, which may increase lead times. If possible, please specify the date by which you would like to receive your order.
Product Delivery
After submitting the Shipping Confirmation, the Products will be delivered to the address indicated by the User when placing the Order within approximately 24/48 working hours from at least 24-48 hours after the purchase (order preparation period) to Peninsula and Portugal and in the same way 3-9 days working hours to the islands, Ceuta and Melilla. The latter group would also include those countries outside of Spain where CHERUBINA also has shipping available.
CHERUBINA bears no responsibility if the delivery of the Product does not take place as a result of the User providing untrue, inaccurate or incomplete data or when the delivery cannot be made for reasons beyond the control of the shipping company appointed for this purpose, such as the User's absence or retention of the Product at the Customs Office.
In the same way, CHERUBINA is not responsible for orders collected by third parties who are different from the recipient (neighbors, concierges, third parties in the family, roommates...), who accept responsibility and deposit the shipment and who identify and sign the shipment. For this reason, in such cases and without receiving the package back at our warehouses, no refund and/or refund will be made.
That said, in the event that the parcel is returned by the courier company to our office (after the 15 day margin provided by the courier company for delivery attempt and contact with the recipient), the new shipment will have a surcharge which will have to be paid as indicated by CHERUBIN in at the time of shipment. If you do not want to resend the package, the purchase value will be refunded except for the shipping value.
Delivery times are always approximate, although CHERUBINA tries to meet them as far as possible, there may be cases where they are not strictly adhered to. The delivery time may change during high sales periods such as Black Friday, Christmas, Sales... as well as public holidays, adverse weather conditions or external reasons related to the brand, directly related to courier services.
Therefore, CHERUBINA does not guarantee timely delivery in such cases and is not responsible for any incidents caused by courier companies.
If for any extraordinary reason (other than those listed above) this is not possible, you will be notified by email and an estimated shipping date will be provided.
Shipping costs
Shipping costs include transportation. The recipient will be responsible for all import costs and taxes generated at the destination customs office, whether the goods are delivered to him or not.
An attempt will be made to dispatch the order as soon as possible, however, the recipient must take into account the regulations of the destination country regarding the importation of the requested items, as CHERUBINA is not responsible for them. CHERUBINA is also not responsible for the effects caused by strikes, war conflicts or other circumstances beyond its control.
If you request products to be shipped outside of the EU, they may be subject to taxes, fees, duties or other charges due to customs or regulations of the destination country. The recipient of your order is responsible for all customs costs associated with importing the products and must pay any additional fees. CHERUBINA is not responsible for delays in customs clearance, payment of costs, or local authorities' decision to confiscate any items in the shipment.
United Kingdom Special: "From 1 January 2021, when the United Kingdom, with the exception of the territory of Northern Ireland, will definitively leave both the European Union and the customs territory of the Union, all movement of goods between the United Kingdom and the European Union is subject to both customs procedures (import, export, transit, etc.) and border controls'.
For more information, see the shipping and delivery section: https://cherubina.com/en/pages/envios
Price and Payment of Products
The applicable prices for each Product will be the prices published on the Website on the date of placing the Order by the User. Whilst CHERUBINA endeavors to ensure that all prices quoted on the Website are correct, errors may occur. In the event that CHERUBINA detects an error in the price of any of the Products requested by the User, it will inform the User as soon as possible and give the User the option to reconfirm the Order with the correct price or to cancel it. If CHERUBINA does not contact the User, the Order will be considered canceled and the User will be refunded the full amount paid.
CHERUBINA will not be obligated to provide you with any Product at an incorrectly lower price (even if a Shipping Confirmation has been sent) if the error in the price is obvious and unambiguous and could reasonably be considered by you as an incorrect price.
Prices are subject to change at any time. Any changes, however, will not affect Products for which CHERUBINA has already sent a Shipping Confirmation.
Method of payment
You can pay by Visa, Visa Electron, Mastercard or PayPal as a credit or debit card. To minimize the risk of unauthorized access, your credit card details will be encrypted.
In addition, payments will be accepted via other platforms such as Apple Pay, Google Pay, Amazon Pay, Bizum and Klarna.
Regardless of whether the payment method is by credit or debit card, via PayPal or other payment platforms, the fee will be charged when CHERUBIN sends the Order Confirmation to the User.
Value Added Tax (VAT)
The applicable VAT rate will be the legally applicable rate at all times depending on the specific product.
Purchase confirmation
Within a maximum of twenty-four (24) hours, CHERUBINA will send you an email confirming your purchase. The email will provide you with a purchase reference code and will detail the Product's features, price, shipping costs and details of the different payment options for the Products to CHERUBIN.
CHERUBINA will file electronic documents formalizing the contract, sending a copy to you after purchase. The contract will be drawn up in Spanish.
The order confirmation sent by CHERUBINA is not an invoice, but only a proof of purchase. CHERUBINA will send the relevant invoice together with the Product.
Order cancelation
As long as your order has not yet been packed in our warehouse and/or has left our facilities, you may cancel some or all of the items in your order.
Please note that only cancellations communicated through our official customer service channels will be valid: by email (pedidosweb@cherubina.com) or by phone (954 96 96 14)
Please note that refunds may take several hours to complete.
4. RETURNS AND EXCHANGES
Right of withdrawal
In accordance with the applicable regulations, if the User concludes a contract as a consumer, he may withdraw from the contract (except for cases provided for by law) and freely return or exchange the delivered Products at any time within 14 calendar days from the date of their delivery ("Period for withdrawal from contracts”).
Please note that shipping costs received when placing an order are non-refundable under any circumstances, nor are taxes or duties associated with the shipment. If we have to pay any of these costs when collecting the parcel, we will deduct it from the refund amount.
See the Changes and Returns section for more information: https://cherubina.com/pages/cambios-y-devoluciones
CHERUBINA reserves the right to reject returns that are submitted or shipped after the agreed deadline and/or that do not meet the terms of our return policy.
In this case, the garment will be resent to the addressee with the postage due and no refund will be applicable.
5. USE OF THE WEBSITE
Users agree to use the Website in a manner consistent with the law, decency, generally accepted decency and current public order. Users undertake to refrain from using the Website for purposes or activities inconsistent with these Terms of Use, threatening the rights and interests of CHERUBIN or third parties or that may in any way damage or deteriorate the image or reputation of CHERUBIN or prevent the normal use of products and services offered by CHERUBIN on the Website.
6. INTELLECTUAL PROPERTY
All information contained in the Website, including texts, photos, its graphic design and source code are protected by copyright and other laws contained in the Royal Legislative Decree 1/1996 of April 12, approving the consolidated text of the Intellectual Property Law and other standards regulating Intellectual Property.
These rights belong solely to CHERUBIN, and therefore any reproduction, distribution, transformation or public disclosure, as well as any kind of transfer of all or part of the content of the Website and, in general, any use of all or part of the content (photos, texts, designs, indexes, forms, etc.), as well as databases and software necessary for their visualization or operation, and any objects that, in accordance with applicable law, are protected by intellectual property provisions.
Users may not exploit or exploit commercially, directly or indirectly, in whole or in part, under any circumstances, any content that makes up the Site without the prior written consent of CHERUBIN.
Authorizations to use any content on the Site may be obtained by emailing info@cherubina.com / comunicacion@cherubina.com. What has been established in the previous paragraphs in no way implies CHERUBINA's acceptance of responsibility for the content, nor can it generate a right to compensation for Users or third parties.
7. INDUSTRIAL PROPERTY
Trademarks, trade names, shop signboards, markings, logos, slogans or any kind of distinguishing signs on the Website and belonging to CHERUBIN, in particular the name "CHERUBIN", may not be used without CHERUBIN's prior written consent.
8. LINKS TO THIRD PARTY WEBSITES
For links on the Website, relating to advertisements or other types of content, the ownership or responsibility of which is borne by third parties other than CHERUBINA, CHERUBINA is not responsible, which is under no circumstances obliged to control or approve services, content, data, files , products and any kind of material on the third party website or websites. Therefore, CHERUBINA is in no way responsible for the legality of the content of these pages/pages, and the third party is solely responsible for everything related to the content of this link, in particular respect for the law, morality, good manners and public order. The existence of links does not imply any relationship between CHERUBINA and the owner of the website on which it is located.
In order to offer you Klarna payment methods, we can
we provide Klarna with your personal information in the form of a contact as well
order details in the checkout process, making Klarna
assess your eligibility for their payment methods as well as customize
payment methods available. Your personal data has been transferred
are processed in accordance with Klarna's privacy policy
9. RELEASE FROM LIABILITY
CHERUBINA is released from any liability related to:
- Operation of the Service, including force majeure or other events beyond the control of CHERUBIN, which is not fully operational or ultimately does not have the minimum functionality to manage the relevant service.
- Possible errors or security gaps that may arise as a result of the Users' use of an outdated or insecure version of the browser, as well as as a result of activating devices for storing passwords or identification codes of the registered User in the browser or damage, errors or inaccuracies that may result from its use malfunction.
- For direct or indirect damages that may be caused by information uploaded or communicated on the Site or its electronic communications, including but not limited to technical errors or human errors in published data.
- Damages, including but not limited to: direct or indirect, inherent or consequential damages, losses or expenses arising out of or in connection with this Website or its use or the inability of any party to use it, or in connection with any failure, error, omission interruption, defect, delay in operation or transmission, computer virus or system or line failure.
The User shall be liable for damages and losses of any kind resulting from illegal or fraudulent acts, as well as for damages or losses that CHERUBINA or its Users may suffer as a result, directly or indirectly, of the User's violation of these Terms of Use, reserving CHERUBINA such actions to which she was entitled before the relevant judicial or police authorities.
Despite all efforts, CHERUBINA cannot guarantee Users continuous and uninterrupted access and use of its Website.
10. MODIFICATIONS
CHERUBINA has the right to review and modify these Terms of Use at any time. The User will be bound by them at the time of their acceptance, unless CHERUBINA is obliged by law or decisions of state authorities to make changes with retroactive effect, in which case any changes will also affect Orders. previously requested by the User.
11. CONTACT AND WRITTEN COMMUNICATION
Applicable regulations require that some of the information or communications sent by CHERUBIN to the User should be in writing. By accepting these Regulations, the User accepts the fact that most of the communication with CHERUBIN takes place electronically. CHERUBINA will contact the User via e-mail or by posting advertisements on the Website. You consent to the use of this electronic means of communication and acknowledge that all notices, information and other communications sent electronically by CHERUBIN meet the legal requirements for written form.
For any inquiries or incidents related to Orders, the User must contact CHERUBINA by sending an email to info@cherubina.com
The operation and use of the Website and these Terms of Use are governed by Spanish law. To the extent permitted by law, INTEGRAL SUSTAINABLE MANAGEMENT. SL and the User, expressly waiving any other jurisdiction they may have, agree to submit to the jurisdiction of the courts and tribunals of Seville (Spain).