Terms and Conditions

 

SUSTAINABLE INTEGRAL MANAGEMENT. SL

Av. de la Ingeniería, 9 | Workshops 72 and 77 (Arte Sacro Business Park)
41015 – Seville
CIF B90017195

www.cherubina.com

Reg. Merc. of Seville, Volume 5566, Page 169, Page SE-94165, Inscripción 1a CIF: B-90017195

1. READ THESE TERMS CAREFULLY

These General Conditions will expressly regulate the relationships that arise between GESTIÓN INTEGRAL SOSTENIBLE. SL, Av. de la Ingeniería, 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 acquire products through the online store of the official website of CHERUBINA (http:// WWW.CHERUBINA.COM", hereinafter the "Store").

2. PURPOSE OF THE CONTRACT

These Conditions of Use make up the entire contract through which the conditions of purchase of the products made available to Users by the CHERUBINA registered trademark on the Website (the “Products”) are regulated.

Access to the Website or its use by the User, as well as the purchase of any Product, necessarily implies, and without reservations, the knowledge and acceptance of these Conditions of Use, therefore, it is recommended that the User read them carefully every time you want to buy a Product.

 

3. PURCHASE OF PRODUCTS

How to buy Products Online

To place orders for Products, the User must follow the purchase procedure established on the Website, read and accept these Conditions of Use and select "Finish and Pay" (the "Order"). Next, CHERUBINA will send an email to the User confirming that the Order has been accepted (the "Order Confirmation"). The contract between the User and CHERUBINA will be finally formalized once CHERUBINA has sent the User the Purchase Confirmation. Only those Products indicated in the Order will be the object of the contract.

 

Product Availability

All Orders are subject to availability of the Products. In the event that, once the Shipping Confirmation has been sent, CHERUBINA is unable to dispose of the requested Product for any reason, it will contact the User as soon as possible informing them of this fact. In such case, CHERUBINA may:

• Offer the User, without a price increase, a product with characteristics and specifications similar to the one initially requested, as long as they are in accordance with the User's needs.
• Offer the User to wait for the arrival of the product and the shipment of such once it is available again in stock.
• Offer the User to cancel the requested Order by reimbursing the amount paid for it, within 14 business days.

 

Regarding the sold-out products that have the RESERVE option (pre-order):

The Pre-order is a pre-order, a reservation of a product that is not yet available in stock or available for shipment. The advantage of purchasing pre-order items is that you can guarantee the item you want without risking it being out of stock as soon as it's online. Requests can be very high on certain items and can often be sold out before they physically arrive in the warehouse.

The RESERVE option will appear when the product you wish to purchase is not available in stock at the time of purchase. If you purchase a pre-order, it means that you have purchased a product that will enter the production phase and will be available as soon as possible to be sent directly to the address you provide.

The date that is indicated on each product with the RESERVE option is indicative and corresponds to the arrival of the product at the workshop and not to the specific date of shipment of said product. All products will be sent prior notice "as of" said date once the orders are managed, assembled and shipped in strict order of purchase.

Due to the different global circumstances caused by COVID19, the receipt of products may be slowed down but never canceled without prior notice from CHERUBINA

If you make a pre-order, it will be treated as a normal order and the purchase payment will be made at the time of purchase.

ATTENTION: Orders containing pre-order items cannot be shipped until their distribution date. This means that if you include these items in an order with common products, they will not be confirmed or shipped until the pre-order item is available. If you want to receive the regular products before your pre-order items, be sure to order them separately.

If after placing the order you decide that you no longer want it, contact pedidosweb@cherubina.com as soon as possible to cancel the shipment before it leaves the warehouse.

Refusal to process an Order

Although CHERUBINA will do everything possible to always process all Orders, there may be exceptional circumstances that force it to reject the processing of any Order after having sent the Order Confirmation, so CHERUBINA reserves the right to do so at any time, at your sole discretion.

CHERUBINA reserves the right to withdraw any Product from the Website at any time and to remove or modify any material or content thereof, not being responsible to the User or to any third party for the fact of withdrawing any Product from the Website, with Regardless of whether said Product has been sold or not, to remove or modify any material or content on the Website.

Product Warranty

It will be understood that the Products are in accordance with the Conditions of Use provided that they comply with all the requirements that are expressed below:

• They conform to the description made by CHERUBINA and possess the qualities of the Product that CHERUBINA has presented to the User in the form of a sample or model.
• They are suitable for the uses that the Products of the same type ordinarily have.
• They are suitable for any special use required by the User when CHERUBINA has been made aware of it, provided that CHERUBINA has admitted that the product is suitable for such use.
• Present the usual quality and benefits of a product of the same type that the User can expect, taking into account the nature of the Product.

 

In the event that it is proven that the Product does not conform to the established specifications, CHERUBINA will proceed, when appropriate, to repair, replace, reduce the price or terminate the contract, such procedures being free of charge for the User.

CHERUBINA takes the greatest care in carrying out the presentation and description of the Products. However, the photographs of the Products are presented in an illustrative manner. To know the precise characteristics of each Product, you must check the corresponding descriptive data that accompanies each Product. In the same way and for the same reason, you should take into account that the color of the pieces may vary depending on the device/screen from which you are viewing the image and that the color or tone shown in the product photography may NOT match . exactly with the color or tone of the actual piece.

CHERUBINA guarantees that the products purchased in our online store are of high-quality manufacturing and are free of defects and/or faults in material or workmanship, as long as they have been subjected to normal use.

In accordance with the General Law for the Defense of Consumers and Users and other complementary laws, all CHERUBINA products have a two-year guarantee from their delivery and will proceed, as appropriate, to repair, replace, reduce the price or refund of the amount of the product.

If you have to make a warranty claim, please contact us by email at pedidosweb@cherubina.com. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.

This guarantee does not cover possible breakage or wear caused by the use and enjoyment of the garments. CHERUBINA is not responsible for damage to the Products that may result from misuse of the same, as well as acts or omissions of the User that do not conform to the specifications of each Product or damage caused by third parties that are not related. to CHERUBINA.

 

Tailoring/preparation time

The time that elapses from when an order is placed until it is shipped will depend on the type of product you have purchased:

• PARTY HEADDRESSES, HATS AND BAGS: Each CHERUBINA headdress, hat and bag is made individually, completely by hand in our workshop in Seville. That is why the production process can vary between 1 and 3 weeks. Stock: We do not have headdresses in stock for online orders. The stock corresponds to the availability of materials, but each headdress has to be made by hand on request; please keep in mind that this is a process that can take time. When making the purchase, you can select the "express clothing" option, to guarantee that the clothing, shipping and delivery process occurs within a period of approximately 5 to 7 business days, or select the " express clothing" option. standard" , so that said process is maintained in an approximate period of between 1 and 3 weeks.

Delivery of Products

Once the Shipping Confirmation has been sent, 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 (period preparation of the order) to the Peninsula and Portugal and in the same way, 3-9 working days to the Islands, Ceuta and Melilla. The latter group would also include those countries outside of Spain where CHERUBINA also has shipping available.

CHERUBINA does not assume any responsibility when the delivery of the Product does not take place as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose. , such as the absence of the User or the retention of the Product in Customs.

In the same way, CHERUBINA is not responsible for those orders collected by third parties who differ from the recipient (neighbors, concierges, third parties in the family nucleus, roommates...) who accept responsibility and deposit of the package and who identify and sign the delivery. For this reason, in these cases, and without having received the package back in our warehouses, the return and/or refund of the money will not be made.

That said, in the event that the shipment is returned by the courier company to our office (after the 15 days of margin that the courier company provides for attempted delivery and contact with the recipient have passed), the new shipment will have a surcharge that will have to be paid by the way that CHERUBINA indicates at the time of forwarding. If you do not wish to resend the package, the value of the purchase will be refunded except for the value of the shipment.

Delivery times are always approximate, although CHERUBINA tries to adhere to them as much as possible, there may be cases in which these are not strictly followed. Delivery times may be affected in times of high sales volume such as Black Friday, Christmas, Sales, Summer Holidays... as well as national holidays, adverse weather conditions or causes external to the brand directly related to the service of messaging.

CHERUBINA therefore does not guarantee delivery on date in these cases and is not responsible for incidents caused by courier companies if any.

If for any extraordinary reason (other than those mentioned 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 customs office of destination, whether the merchandise is delivered to him or not.

An attempt will be made to send the order in the shortest possible time, but the recipient must take into account the provisions of the country of destination for the importation of the requested items, since CHERUBINA has no responsibility for them. Neither will CHERUBINA be attributable to the effects produced 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, levies or other charges due to the customs laws 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 charges. CHERUBINA will not be responsible for delays in customs clearance, payment of costs, or if local authorities decide to confiscate any item contained in a shipment.

Special United Kingdom: "From January 1, 2021, once the United Kingdom, except for the territory of Northern Ireland, has definitively left both the European Union and the Customs Territory of the Union, any movement of goods between the UK and The European Union is subject to both customs procedures (import, export, transit, etc.) and border controls".

See shipping and delivery section for more information: https://cherubina.com/pages/envios

Price and payment of the Products

The prices applicable to each Product will be those published on the Website on the date the User places the Order. Although CHERUBINA tries to ensure that all prices listed on the Website are correct, errors may occur. In the event that CHERUBINA discovers an error in the price of any of the Products that a User has requested, it will inform them as soon as possible and give them the option of re-confirming the Order at the correct price or canceling it. If CHERUBINA fails to contact the User, the Order will be considered canceled and the User will be fully reimbursed for the amounts paid.

CHERUBINA will not be obliged to supply the User with any Product at the incorrect lower price (even if the Shipping Confirmation has been sent) if the price error is obvious and unequivocal and could have been reasonably recognized by the User as an incorrect price.

Prices may change at any time. However, the possible changes will not affect the Products with respect to which CHERUBINA has already sent the Shipping Confirmation.

Way to pay

The User may make the payment by credit or debit card Visa, Visa Electron, Mastercard, or through PayPal. To minimize the risk of unauthorized access, the User's credit card data will be encrypted.

In addition, payments will be accepted through other platforms such as Apple Pay, Google Pay, Amazon Pay, Bizum and Klarna.

Whether the payment method is made by credit or debit card, through PayPal, or other payment platforms, the charge will be made at the time CHERUBINA sends the Order Confirmation to the User.

Value Added Tax (VAT)

The applicable VAT rate will be the one legally in force at all times depending on the specific product in question.

Purchase confirmation 

Within a maximum period of twenty-four (24) hours, CHERUBINA will send an email to the User, confirming the purchase. Said email will assign a purchase reference code, and will detail the characteristics of the Product, its price, shipping costs and the data of the different options to make the payment of the Products to CHERUBINA.

CHERUBINA will file the electronic documents in which the contract is formalized, sending a copy to the User once the purchase is made. The contract will be made in the Spanish language.

The order confirmation sent by CHERUBINA is not valid as an invoice, only as proof of purchase. CHERUBINA will send the corresponding invoice together with the Product.

order cancellation

As long as your order has not yet been packed in the warehouse and/or has not left our facilities, you can cancel part or all of the items in your order.

Please remember that only the cancellation communicated through our official customer service channels will be valid: via email (pedidosweb@cherubina.com) or by phone ( 954 96 96 14 ).

Remember that the refund may take a few hours to become effective.

 

4. RETURNS AND EXCHANGES OF PRODUCTS

Right of withdrawal

In accordance with the applicable regulations, in the event that the User is contracting as a consumer, they may withdraw from the contract (except in the cases established by law) and freely return or exchange the Products delivered at any time within a period of 14 days . natural from the date of delivery thereof (the "Withdrawal Period").

Please keep in mind that the shipping costs received during the completion of the order will not be refundable in any case , as well as the taxes or customs derived from the shipment. If we have to assume any of these expenses when receiving your package, we will deduct it from the refund.

See section on changes and returns for more information: https://cherubina.com/pages/cambios-y-devoluciones

CHERUBINA reserves the right to reject returns communicated or sent after the established period and/or that do not meet the conditions of our return policy.

In this case, the garments will be sent again to the addressee postage due and no refund will be applicable.

 

5. USE OF THE WEBSITE

Users agree to use the Website in accordance with the law, morality, generally accepted good customs and current public order. Users undertake to refrain from using the Website for illicit purposes or effects, contrary to what is established in these Conditions of Use, harmful to the rights and interests of CHERUBINA or third parties or that in any way may damage or deteriorate the image or reputation of CHERUBINA or prevent the normal use or enjoyment of the products and services offered by CHERUBINA on the Website.

 

6. INTELLECTUAL PROPERTY

All the information contained in the Website, including texts, photographs, its graphic design and the source code, are protected by copyright and other rights contained in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, and the rest of the norms that regulate Intellectual Property.

These rights belong exclusively to CHERUBINA, therefore, any act of reproduction, distribution, transformation or public communication is expressly prohibited, as well as any type of transfer, of all or part of the content of the Website, and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.), as well as the databases and the software necessary for the visualization or operation of the same and of any object that according to the legislation in force is protectable by intellectual property regulations.

Users may not under any circumstances exploit or make commercial use, directly or indirectly, in whole or in part, of any of the contents that make up the Website without the prior written authorization of CHERUBINA.

Authorization for the use of any content on the Website can be requested from the email address info@cherubina.com / comunicacion@cherubina.com . What is established in the previous paragraphs will not imply in any case the assumption of responsibility by CHERUBINA for the content, nor can it generate the right to compensation for Users or third parties.

 

7. INDUSTRIAL PROPERTY

Trademarks, trade names, store signs, denominations, logos, slogans or any type of distinctive sign shown on the Website and belonging to CHERUBINA, and very specifically, the name "CHERUBINA", may not be used without prior authorization and by written by CHERUBINA.

 

8. LINKS TO THIRD PARTY WEBSITES

The links contained on the Website, referring to advertising or other types of content, and whose ownership or responsibility corresponds to third parties other than CHERUBINA, are not the responsibility of CHERUBINA, who in no case is obliged to control or approve the services, contents , data, files, products and any kind of material existing on the page or web pages of third parties. Therefore, CHERUBINA will not be responsible, under any circumstances, for the legality of the contents of said page/s, the third party being the sole responsibility of everything that concerns the content of that link, especially respect for the law, morality, good manners and public order. The existence of links does not presuppose a relationship of any kind between CHERUBINA and the owner of the web page in which it is established.

 

In order to offer you Klarna payment methods, we may
we pass on to Klarna your personal data in the form of contact as well as the
order details in the checkout process, so that Klarna
evaluate if you qualify for their payment methods and also adapt the
payment methods available to you. Your personal data transferred
are processed in accordance with the Klarna privacy notice

 

9. EXEMPTION OF LIABILITY

CHERUBINA exonerates itself from all responsibility related to:

• The operation of the Website, including force majeure, or any other beyond the control of CHERUBINA, which is not fully operational, or eventually lacks the minimum functionality to manage the relevant service.
• The possible errors or security deficiencies that could be produced by the use, by the Users, of a browser of an out-of-date or insecure version, as well as by the activation of devices for storing passwords or identification codes of the registered User. in the browser or damage, errors or inaccuracies that may result from its malfunction.
• For direct or indirect damages that could be caused by the information that is transmitted or communicated on the Website or in its electronic communications, including without limitation technical or human errors in the published data.
• Damages, including but not limited to: direct or indirect, inherent or consequential damages, losses or expenses, arising in connection with this Website or its use or inability to use it by any party, or in connection with with any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system or line failure.

 

The User will be liable for damages and losses of any nature due to illegal or fraudulent acts, as well as those damages or losses that CHERUBINA or its Users may suffer as a consequence, directly or indirectly, of the breach by the User of these Conditions of Use, reserving CHERUBINA those actions to which it was entitled before the relevant judicial or police authorities.

 

Although it uses its best 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 Conditions of Use at any time. The User will be subject to them at the time they accept them, unless by law or decision of government agencies CHERUBINA must make changes retroactively, in in which case the possible changes will also affect the Orders that the User had previously requested.

 

11. CONTACT AND WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that CHERUBINA sends to the User be in writing. By accepting these Terms of Use, the User accepts that most of the communications with CHERUBINA are electronic. CHERUBINA will contact the User by email or by posting notices on the Website. The User agrees to use this electronic means of communication and acknowledges that all notifications, information and other communications that CHERUBINA sends electronically comply with the legal requirements of being in writing.

For any query or incident related to the Orders, the User must contact CHERUBINA by sending an email to the following address info@cherubina.com 

The operation and use of the Website and these Conditions 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 that may correspond to them, agree to submit to the jurisdiction of the Courts and Tribunals of Seville (Spain).