General conditions of contract

1. INTRODUCTION 

This document lays down the conditions governing the use of this website (www.tatuspirit.com) and buying items from it (hereinafter, the "Conditions"). Please read these Conditions, our Cookies Policy and our Privacy Policy (collectively, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it you agree to be bound by these Conditions and our Data Protection Policies, so if you do not agree with all the Conditions and Data Protection Policies, you should not use this website. 

These Conditions can be modified. It is your responsibility to read them periodically, as the conditions in force at the time time each contract is entered into or, failing this, at the time the website is used will be those that apply.

If you have any questions regarding the Conditions or the Data Protection Policies you can contact us on info@tatuspirit.com or by calling the telephone number 902202526.

The Contract may be executed, at your choice, in any of the languages in which the Conditions are available on this website.

2. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal data you provide about yourself will be treated as set out in the Data Protection Policies. By using this site you consent to the processing of such information and data and declare that all information or data provided to us are true and correspond to reality.

Personal Data Protection Policy

Visiting this website does not imply that the user is required to provide any information about themselves. In the event that the user provides any personal information, the data collected will be used for the purpose, in the manner and with the limitations and rights stated in Organic Law 15/1999 on Personal Data Protection.

The purposes for which the data is collected will be specified on the data form itself, including the management in the registration as a user, sending commercial information of future campaigns, products and/or services by post or by electronic means, including SMS, and carrying out surveys.

Users who provide personal data unequivocally consent to the inclusion of their data in a file which is the responsibility of TATUSPIRIT, S.LU, as well as whether their treatment is computerised or not.

In the event that you provide personal data from third parties, you are responsible for having informed and obtained their consent so that they can be provided for the purposes listed below. In the event of having proceeded to purchase a product, the third party personal data provided will be used only for:

i) management of shipping or verification of receipt of the product, and
ii) to respond to requests that you or the third party pose to us;

All emails sent by Tatuspirit have a link at the bottom, with which the member can un-subscribe from the notifications.

TATUSPIRIT.COM has taken the technical and organisational measures required to ensure the security and integrity of the data and to prevent its alteration, loss, or unauthorised access. Users whose data is subject of the treatment may freely exercise their rights of opposition, access and information, rectification, cancellation of their data and revoke their authorisation, without retroactive effect under the terms specified in Organic Law 15/1999 of Personal Data Protection, in accordance with the procedure established by law. These rights may be exercised by writing to the email address of info@tatuspirit.com.

The voluntary or mandatory nature of the data requested will be indicated at the time of initiating the data collection.

The user (you) hereby guarantees that the personal data provided is true and accurate and undertake to notify us of any changes or modifications to it. Any loss or damage caused to the site or the person responsible for the website or any third party by communicating erroneous, inaccurate or incomplete information in the registration forms will be the users sole responsibility.

Cookies

By accepting this Privacy Policy you consent to the use of cookies used on this website, which are described in cookies policy.

3. USE OF OUR WEBSITE

By using this website and placing orders through it you agree to:

i. Make use of this website only to make legitimately valid enquiries or orders.
ii. Not to make any false or fraudulent orders. If we could reasonably consider that there has been an order of this nature we are entitled to cancel the order and inform the relevant authorities.
iii. Give us your email address, postal address and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (see our Privacy Policy ).

If you do not provide us with all the information we need, we can not complete your order.

By placing an order through this website, you declare to be over 18 and have legal capacity to contract.

4. AVAILABILITY OF THE SERVICE

The items offered through this website are available for shipping to any destination, both in Spain and to all European countries.

5. HOW THE CONTRACT IS EXECUTED

The information contained in these Conditions and the details contained on this website do not constitute an offer to sell, but an invitation to contract. There will be no contract between you and us in relation to any product until your order has been accepted by us. If your offer is not accepted and any charge has already been debited to your account, this amount will be refunded in full.

To place an order, you must follow the on-line shopping process and click "Authorise payment". After this you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, but that it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance, which you will be informed of via an e-mail that will confirm that the product is being shipped (the "Dispatch Confirmation"). The contract for the purchase of a product between you and us ("Contract") will only be formed when we send you the Order Confirmation.

Only those products listed in the Order Confirmation will be part of the Contract. We are not obliged to supply you any other products that may have been ordered until we confirm their shipment in a Dispatch Confirmation.

6. PRODUCT AVAILABILITY

All orders are subject to their availability. In this sense, if difficulties arise in the supply of products or if they are no longer in stock, we reserve the right to provide information about substitute products of equal or superior quality and value that you can order. If you do not wish to order such substitute products, we will refund any amount you may have paid.

7. REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to remove or change any of its materials or content. Although we do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after having sent the Order Confirmation, so we reserve the right to do so at any time.

We will not be liable to you or to any third party for the fact of our withdrawing any product from this website, removing or changing any materials or content on the website, or for not processing an order once we have sent you the Order Confirmation.

8. DELIVERY

Shipping costs vary depending on the country of destination, so we recommend you consult these costs in the purchasing process before confirming your order.

Notwithstanding the provisions of clause 7 above regarding product availability and unless extraordinary circumstances occur, we will try to send the order consisting of the product/s listed on each Dispatch Confirmation before the delivery date set out in the Dispatch Confirmation concerned or, if no delivery date is specified, within the estimated time indicated when selecting the shipping method and in any case within a maximum period of 30 days from the date of the Order Confirmation.

If for some reason we cannot meet the delivery date, we will inform you of this fact and give you the option to proceed with the purchase establishing a new delivery date or cancel the order with full refund of the price paid. Please note, in any case, that the total calculation of days does not include weekends.

For the purposes of these Conditions, the "delivery" will be understood as having taken place or that the order has been "delivered", i.e., the risk of loss or degradation of the items will be transferred to the consumer and user at the time in which you or a third party indicated by you, other than the carrier, acquires physical possession of the goods, which is demonstrated by signing the receipt of the order at the agreed delivery address.

However, if you (the consumer and user) commissions the transport of the goods and the chosen carrier is not among those proposed by us, the risk passes to the consumer and user with the delivery of goods to the carrier, without prejudice to your rights against the latter.

9. PASSING OF RISK AND OWNERSHIP

The risks of the products will be under your charge from the time of their delivery. You will acquire ownership of the goods when we receive full payment of all amounts due regarding them, including shipping charges, if any, or at the time of delivery (according to the definition in clause 9 above), if this takes place at a later time.

10. PRICE AND PAYMENT

All prices are shown in euros, your payment must be made in Euros. The price of the products will be as stipulated at all times on our website, except in cases of obvious error.
Although we try to ensure that all prices listed on the website are accurate, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and you will receive a full refund for the amounts that you have paid.

We will not be obliged to supply any product at an incorrect lower price (even if we have sent you the Order Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect price.

The prices on the website include VAT, but exclude shipping costs, which vary depending on the country of destination, so we recommend you consult these costs in the purchasing process before confirming your order.

Prices may change at any time, but (other than as set out above) changes will not affect orders for which we have already sent an Order Confirmation.

Once you have selected all the items you wish to purchase, these will have been added to the cart and the next step will be to process the order and make the payment. To do this, you must follow the buying process steps, filling in or checking the information in each step as requested.

Likewise, during the buying process, you can modify the details of your order before payment. There is a detailed description of the purchasing process in the Purchase Guide .  

You can use Visa, MasterCard, American Express and PayPal cards as payment.

Also, to minimise the risk of unauthorised access, data from your credit card will be encrypted Once we receive your order, a pre-authorisation will be made on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse. If your method of payment is Paypal, the charge will be made at the time that we confirm the order.

By clicking "Authorise payment" you are confirming that the credit card is yours or you are the legitimate holder of the gift card or payment card.

Credit cards are subject to validation checks and authorisation by their issuer, but if the issuer fails to authorise payment, we are not responsible for any delay or non-delivery and we cannot formalise any Contract with you.

11. VALUE ADDED TAX

According to current legislation in Spain, Tatuspirit is obliged to charge Value Added Tax (VAT) on all products sold. VAT will be applied according to the corresponding type as per the current legislation.

12. RETURNS POLICY

The return of the goods for obvious defects in the product and/or first changing of a size is completely free in Spain. The amounts for the return shall always be borne by TATUSPIRIT, S.L.U. The instructions for this, which are specified on the website, must be followed to proceed with the return of any product.

Our carrier will pick up your package in the case of return of a product due to obvious flaws in it. You only need prepare the return box and our carrier will bring the label with the exact address of our warehouse.

In the case of changing a size because a mistake was made in identifying it as explained in the paragraph available for this purpose, we recommend requesting a free return and placing a reorder, of course at no cost. The carrier will pick up your product the same day that he delivers the new product. This process can only be carried out free of charge once. From the second changing of size TATUSPIRIT, S.L.U will not be responsible for shipping costs and collection that will be specified in the exchange process that you must follow on the website. A pre-charge will be made on your credit card which will be refunded on the day we receive the returned product and check that it is in good condition.

In case of return of goods sent to a European country other than Spain or Portugal, the direct costs of the amount stipulated by the transport agency must be borne by you.

Items purchased on-line must be returned to the same on-line store.

13. LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE

The user is entitled to withdraw from the product under the terms established by Royal Legislative Decree 1/2007 of 16th November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

13.1 Common provisions

You are not entitled to withdraw from the Contract for the supply of any of the following products:

i. Customised items.
ii. Music CD/DVDs not in their original packaging.
iii. Goods sealed for hygiene reasons which were unsealed after delivery.

Your right to withdraw from the Contract shall apply only to those products that are returned in the same condition in which you received them. There will be no refund if the product has been used beyond simply opening it, for products that are not in the same condition in which they were delivered or have been damaged, so you should be careful with the product/s while it/they are in your possession. Please return the item using or including all original packaging, instructions and other documents that may accompany it. In any case, you must submit duly completed, together with the product to be returned, the ticket ( receipt of delivery) that you must have received at the time of product delivery

You may make returns via a courier/carrier that we will send to your home.

13.2 Returns in the Canary Islands, Ceuta, Melilla and Europe

If you want to exchange or return a product that has been delivered to the Canary Islands, Ceuta, Melilla or Europe, you can do so according to clause 12, following the instructions that are provided through the website. If it is not possible to proceed in this manner, you should contact us on 902 20 25 26 to agree with us or any our representatives the collection of the product by courier or carry out the return at your own cost.

13.3 Return of defective products

Where you believe that the product does not comply with the provisions of the Contract at the time of delivery, you must contact us immediately via our website www.tatuspirit.com facilitating information on the product and its damage, or by calling 902 20 25 26 where we will instruct you on how to proceed.

The product may be returned by handing it send a messenger we will send to your home or sending it to the address indicated on the ticket or proof of delivery you receive from the courier with the product at the time of delivery. We will proceed to carefully examine the returned product and will notify you by e-mail within a reasonable time if there should be a refund or replacement of it (if any).

Refund or replacement of the item will be made as soon as possible and in any event within 14 days from the date we send you an email confirming that the relevant refund or replacement of the nonconforming items will be made.

Amounts paid for products that are returned because of some fault or defect, where one really exists, will be refunded in full, including costs incurred for shipping costs for sending the item and the costs you incurred in returning it to us. We will make refunds using the same form of payment that was used to pay for the purchase.

Rights recognised by law will remain at all times.

14. LIABILITY AND DISCLAIMERS

Unless otherwise expressly provided in these Conditions, our liability in connection with any product purchased on our website is strictly limited to the purchase price of the product.

Notwithstanding the above, our liability is excluded or limited in the following cases:

i. In case of death or personal injury caused by our negligence;
ii. . In case of fraud or fraudulent misrepresentation; or
iii. In any case in which it would be illegal or unlawful for us to exclude, limit, or attempt to exclude or limit our liability.

Notwithstanding the provisions of the preceding paragraph and to the extent it is legally permitted, and unless these conditions state otherwise, we accept no liability for the following losses, regardless of their origin:

i. loss of income or sales:
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. data loss; and
vi. time wasted in management or of office hours

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless it is otherwise expressly established therein.

All descriptions of products, information and materials contained in this web site are provided "as is" and without express or implied guarantees on them except those legally established. In this sense, if you contract as a consumer and user, we are obliged to deliver items that are in conformity with the Contract, answering to you for any lack of conformity which exists at the time of delivery. It is understood that products are in conformity with the Agreement provided that:

i. they comply with the description given by us and possess the qualities that we have shown on this website,
ii. they are fit for the purposes for which products of the same type are used and
iii. present the quality and usual features of a product of the same type that are reasonably expected.

To the extent permitted by law, we exclude all guarantees, except those which may not lawfully be excluded regarding consumers and users.

The products we sell, especially handicrafts, can often show the characteristics of natural materials used in their manufacture. These features, such as variation in the grain, texture, knots and in colour, will not be considered faults or defects. Instead, there should be expected and their presence appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual product appearance.

The provisions of this clause do not affect your rights as a consumer and user, nor your right to withdraw from the Contract.

15. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights in all material or content supplied as part of the website correspond to us at all times and to those whom provide us with the licence for their use. You may use this material only in the way expressly authorised by us or by those whom provide us the licence for their use. This does not prevent you using this website as needed to copy the information about your order or Contract details.

Trademarks

All trademarks, logos and anagrams shown in this site are property of TATUSPIRIT, SLU or third parties. The use, without prior consent, of any element of www.tatuspirit.com that is subject to protection under the law relating to industrial property is expressly prohibited. Especially, any trademarks, trade names, signs, names, logos, slogans or any type of distinctive sign belonging to TATUSPIRIT, S.L.U which cannot be used without the written permission of TATUSPIRIT, S.L.U or a third party company.

TATUSPIRIT, S.L.U reserves the right to take legal action against users who violate or infringe intellectual and industrial property.

16. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not make improper use of this website through the deliberate introduction into it of virus, trojans, worms, logic bombs or any other program or technological materials that are harmful or damaging You must not try to have unauthorised access to this site, to the server on which the website is hosted or any server, computer or database connected to our site. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.

Breach of this clause could entail infringements as defined by applicable regulations. We will report any breach of those regulations to the competent authorities and cooperate with them to discover the attackers identity. Also, in case of breach of this clause, you shall immediately cease to be authorised to use this website.

We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other program or technological material that is harmful or damaging that may affect your computer, computer equipment, data or material resulting from the use of this website or downloading contents from it or from where it redirects.

17. LINKS FROM OUR WEBSITE

In the event that our site contains links to other websites and materials of third parties, these links are provided for informational purposes only, without us having any control over the content of these web pages or materials. Therefore, we do not accept any responsibility for any loss or damage resulting from their use.

18. WRITTEN COMMUNICATIONS

Current laws require that some of the information or communications we send to you should be in writing. By using this site, you agree that most of these communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this site. For contractual purposes, you agree to these electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements that they are to be given in writing. This condition does not affect your statutory rights.

19. OUR DATA

The sale of items through this website is done under the name TATUSPIRIT (NAME OF THE WEBSITE) by TATUSPIRIT, S.L.U, a Spanish company based in Calle Maestro Marques, 86, 1 D (Alicante), PC: 03005, registered in the Trade Register of Alicante, Volume 3624, Section 8, Folio 38, Sheet A 131118, entry 3 and NIF B54651245.

20. NOTIFICACIONS

Notifications that you send us must be sent via email. Under the provisions of clause 20 above and except otherwise provided, we may give notice to either the e-mail or to the address provided by you when placing an order.

It is understood that the notifications have been received and properly served at the time they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it is sufficient to prove, in the case of a letter, that it had the right address, was properly sealed and was duly posted at the post office or in a mailbox and, in the case of an email that it was sent to the email address specified by the receiver.

21. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract is binding on you and us, and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of the rights or obligations arising under it, without our prior written consent.

We can transfer, assign, encumber, subcontract or transfer a Contract in any other way, or any of the rights or obligations arising under it, at any time during the validity of the Contract. To avoid any doubt, these transmissions, assignments, liens or other transfers will not affect the rights, if any, which you as a consumer, have recognised by law and nor will they void, reduce or limit in any way guarantees, whether expressed or implied, which we may have provided you with.

22. EVENTS BEYOND OUR CONTROL

We are not liable for any failure or delay in compliance of any of our obligations under a Contract, which are caused by events outside our reasonable control ("Cause of Force Majeure").

A Cause of Force Majeure includes any act, event, lack of exercise, omission or accident beyond our reasonable control and among others, the following:

i. Strikes, lockouts or other industrial action.
ii. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
iv. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
v. Inability to use public or private telecommunications networks.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accidents of sea or inland waterway transport, mail or any other type of transport.

It will be understood that our obligations under the Contract shall be suspended during the period that the Cause of Force Majeure continues, and we will have an extension in the deadline to comply with these obligations for a period of time equal to the duration of the Cause of Force Majeure.

We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfil our obligations under the Contract despite the Cause of Force Majeure.

23. DISCLAIMER

The absence of a requirement by us of strict compliance by you of any of the obligations assumed by you under a Contract or these Conditions or lack of exercise by us of any right or actions that may correspond to us under this Agreement or the Conditions, will not constitute a waiver or limitation in relation to those rights or actions or will not relieve you from complying with any such obligations.

No waiver by us of any right or specific action shall include a waiver of other rights or actions under the Contract or the Conditions.

No waiver by us of any of these Conditions or any rights or actions under the Contract shall be effective unless it is expressly established to be a waiver and is formalised and is communicated to you in writing in accordance with the provisions of Notifications in the previous paragraph.

24. PARTIAL INVALIDITY

If any of these Conditions or any provisions of a Contract were declared null and void by a final decision of the competent authority, the remaining terms and conditions would remain in force, without being affected by such invalidity.

25. ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them represent the entire agreement between you and us relating to the subject thereof and supersede any prior deal, agreement, or promise agreed between you and us, whether oral or written.

You and us acknowledge having consented to enter into the Contract without having relied on any statement or promise made by the other party or which may be inferred from any statement or letter in the negotiations conducted by the two prior to such Contract, except those which are explicitly mentioned in these Conditions.

Neither you or us will prompt action against any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless such untrue statement had been made fraudulently) and the only action that the other party will have will be for the breach of contract as provided in these Conditions.

26. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to revise and amend these Conditions at any time.

You will be subject to the policies and Conditions in force at the time you use this website or order products from us, unless by law or governmental authority we have to make changes retroactively to those policies, Conditions or Privacy Statement, in which case they will apply to orders previously placed by you.

27. APPLICABLE LAW AND JURISDICTION

Any dispute arising from or related to the use of the website or with such Contracts shall be subject to the non exclusive jurisdiction of the courts and tribunals.
If you are contracting as a consumer, nothing in this clause shall affect the rights recognised by this applicable law.

28. COMMENTS AND SUGGESTIONS

Your comments and suggestions are welcome. In addition, we have official complaint forms available to consumers and users. You can request them by calling 902 20 25 26 or through our contact form.

29. COOKIES POLICY

Access to this website may involve the use of cookies. Cookies are small pieces of information that are stored in the browser used by each user for the server to remember certain information that will later be read by the server that implemented them. Cookies generally have a limited duration in time. No cookies on this website allow contact with the users phone number, e-mail address or any other contact. No cookies on this website can extract information from the users hard drive or steal personal information. The only way in this website that private information of a user can be part of the cookie is when that the user personally gives this information to the server. Users who do not wish to receive cookies or want to be informed of their application can configure their browser accordingly.