Terms of use and purchase

1. INTRODUCCTION

The present document (together with the all the documents mentioned within it) establishes the terms of purchase that govern this website (www.companiafantastica.com) and the purchase of products from it (from now on, the “Terms”).

We ask you to please read carefully the present Terms, our Cookies policy and our Privacy Policy (together, the “Data protection policy”) before using this website. By using this website or placing an order through it, you agree to be linked by this Terms and our Data protection Policy, consequently, if you do not agree with all the Terms and the Data protection Policy, you should not use this website.

If you have a question related to the Terms or Data protection policy you can contact us through our Contact section.

The contract could be formalized, to your choice, in any of the languages in which the Terms are available in this website.

2. OUR DATA

The sale of products through this website is carried out by the COMPAÑÍA FANTÁSTICA by CALECIA PINAR SL, Spanish society with address Orellana, 10 Bajo Dcha., 28004, Madrid, listed in Madrid’s Trade Registry in the volume 27015, page 145, Section 8, Page M-486729, Registration 1st and NIF B85772846, with phone 915 552 505 and email info@ciafantastica.com.

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data that you provide about us will be treated as established in the Data Protection Policies. By using this website you’re agreeing to the treatment of that information and data, and state that all the information and data that you provide are true and correspond with reality.

4. USE OF OUR WEBSITE

By using this website and placing others through it you commit to:

4.1. Use this website only to ask questions or place legally valid orders.

4.2. Not place any false or fraudulent orders. If it could be reasonably considered that an order of this nature has been placed, we’re authorized to cancel it and inform the corresponding authorities.

4.3. Providing us with your email address, postal address and/or other contact information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the necessary information, we cannot fulfill your order.

4.4. While placing your order through our website, you represent that you’re older than 18 years old, and have legal capacity to enter into a contract.

5. SERVICE AVAILABILITY

The articles offered through the website are only available to be shipped to those countries eligible during the purchase process.

6. HOW TO PLACE AN ORDER

To place an order, you have to follow the online shopping procedure and click “Pay through…” your chosen payment method.

Once the payment has been confirmed, you will receive an email with your order receipt the “Order Confirmation”)

Additionally, we will inform you via email that your orders is being sent (the “Shipping Confirmation”)

7. THECNICAL METHODS TO FIX MISTAKES

In case you find that an error has occurred while entering your personal data during your user registry in this website, you will be able to modify them through “My Account” section.

Anyhow, you will be able to correct mistakes related to the personal data given during the purchasing process by contacting our customer service through the phone +34 915 552 505, or the email address eshop@ciafantastica.com, as well as exercise the right of rectification contemplated in our Privacy Policy through info@ciafantastica.com.

This website shows confirmation windows in various steps of the purchase process that do not allow you to proceed with the order if the provided information is not correct. Also, this website offers the details of all the articles that you have added to your shopping cart during the purchase process, in a way that, before the payment, you will be able to modify your order.

If you find a mistake in your order after the finalization of the payment process, you must get immediately in touch with our customer Service, either by phone or at the email address previously mentioned, to fix the mistake.

8. PRODUCT AVAILABILITY

All orders are subjected to product availability. If difficulties were to happen in regard to the supply of the products, or if there were items no longer in stock, we will refund whatever quantity you might have paid.

9. DELIVERY

Except in the case where exceptional or unexpected circumstances are produced, we will send you the order consisting of the product/s listed in every Order Confirmation in the time frame indicated at the website, according to the selected shipping method, and, in any case, the maximum time frame is 30 days counting from the Order Confirmation Date.

If by any reason we were not able to meet the delivery date, we will inform you of this circumstance and we will give you the option of continuing with the purchase, agreeing to a new delivery date, or cancel the order with the total refund of the paid Price. Take into account, in any case, that we do not deliver on Saturdays or Sundays, except our express service.

By the present Terms it’s understood that the “Delivery” has occurred, or that the order has been “delivered” in the moment that you, or a third party authorized by you, acquires possession of the purchased products, what will be credited through the signature of reception of the order at the agreed delivery address.

10. IMPOSSIBLE DELIVERY

If we find it impossible to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. Additionally, we will leave a note explaining where your order is located and what you have to do to have it sent again. If you are not going to be in the delivery address at the agreed hour, we ask you to please contact us in order to organize a new delivery date.

In case that 15 days have passed since your order was available for delivery, and it has not been delivered, by causes non-attributable to us, we will understand that you wish to withdraw from the contract and we will considered dissolved. As a consequence, we will return all payments received from you, including the shipping costs (with the exception of any additional costs resulting of you choosing a shipping method different from the cheapest ordinary shipping method offered by us) without any wrongful delay, and, in any case, in a maximum period of 14 working days from the date we consider the contract dissolved. Please, keep in mind that the transport derived from the dissolution can have an additional cost, and we are authorized to charge you the pertinent costs.

11. IN-STORE DELIVERY

In case you have chosen in-store delivery, your order would be delivered at the store selected for that delivery in the time limits indicated at our website. To that effect, once the order has been prepared, we will contact you to let you know that it is available to be picked up. You will be able to pick up the order in person (you will need to show your order number and DNI) or send someone else to pick up your order in your name, in which case, the person should show the order number and its DNI (this is, the DNI of the person designed for the pickup)

12. TRANSMISSIN OF RISK AND PROPPERTY

The client will run with all the risks of the product once it has been delivered.

You will acquire the property of the products once we have received the complete payment of all the quantities, including shipping costs, either in the moment of the delivery (as stated in the previous point 9) or if it was scheduled for a later.

13. PRICE AND PAYMENT

The prices shown in the website include the taxes derivative of purchase in force in each country, (IVA, in the case of the EU) but they do not include shipping costs, that will be added to the amount as shown in our invoices.

Prices may change at any time, but (except as stated above) any changes will not affect orders with respect to the contracting already performed.

Once you’ve selected all the articles you want to buy, these would have been added to your shopping cart, and the next step would be processing the order and making the payment. In order to do that, you need to follow the steps of the Purchase Process, filling or checking the information required in each case.

Additionally, once you’ve selected the articles you want to buy, these will be included in your shopping cart and the following step would be processing the order and making the payment. In order to do that, you will need to follow the steps of the Purchase Process, filling or verifying the information requested in each step. Also, during the Purchase process, before you make the payment, you will be able to modify the information of your order. You have a detailed explanation of the purchase process in the Purchase Guide. Also, if you are a registered user, you have a detail of all your orders at My Account.

You can use the following as payment methods: Visa, MasterCard y PayPal.

By clicking “Authorize Payment” you are confirming that the credit card is yours and that you’re the legit owner of a gif card or bonus card.

To minimize the risk of not authorized Access, all the information of your credit card will be codified. Credit cards will be subjected to verifications and authorizations from the issuer, but if said entity doesn’t authorize the payment; we will not be responsible for any delay or missed delivery, given that we cannot formalize a contract with you.

14. PURCHASE AS A GUEST

This website also allows purchasing through the purchase as a guest option. In this purchase modality, you will only be asked for the information indispensable to process your order.

Once the purchase process has ended, you will be offered the possibility of registering as a user or continuing as a non-registered user.

15. VALUE ADDED TAX AND INVOICING

In accordance with Article 68 of the law 37/1992, from December 28th, of the Value added tax, it will be understood that the delivery of the items is located inside the territory where the Spanish IVA applies if the delivery address is in Spanish territory, with the exception of Canarias, Ceuta and Melilla. The type of applicable IVA will be the currently legal in each moment, depending on the specific article.

In the orders with destination Canarias, Ceuta and Melilla, the deliveries will be extent of IVA, In accordance with Article 21 of the law 37/1992, without prejudice of the application of the corresponding taxes and customs according to the current regulation in each territory. You authorize us expressly to issue the invoice by electronic means, even though you are entitled to let us know at any time if you rather receive the invoice on paper, in which case we will issue the invoice in that format.

16. RETURN POLICY

16.1 Legal right to cancel the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to cease the current contract in a period of 14 working days, without the need of justification.

The withdrawal period will expire 14 working days after the day you, or a third party chosen by you, other than the carrier, acquired the material possession of the goods, or in case the items that form your order are delivered separately, 14 days working days from the day you, or a third party chosen by you, other than the carrier, acquired the material possession of the last of those goods.

In order to exercise the right of withdrawal, you must notify us to COMPAÑÍA FANTÁSTICA, to the address, Fernando VI, 8, 28004 Madrid, phone 915 552 505, writing an email to eshop@companiafantastica.com, or through our contact section, your decision of withdrawing of the contract through an unequivocal declaration (for example, a letter sent by post or email)

You will be able to use the model withdrawal form as set out in Annex to the present Terms, even though its use is not obligatory. In order to comply with the withdrawal period, it’s enough if the communication relative to the exercise on your part of this right is sent before the corresponding period is over.

Withdrawal consequences

In the case of withdrawal on your part, we will return all the payments received from you, including the shipping costs (with the exception of any additional costs resulting of you choosing a shipping method different from the cheapest ordinary shipping method offered by us) without any wrongful delay, and, in any case, in a maximum period of 14 working days from the date you inform us of your decision to terminate the present contract. We will proceed to the refund using the same payment method used by you for the initial transaction. No additional charges will incur as a consequence of the refund.

Nevertheless, we can hold back the refund until we receive the goods, or until you have presented us with a proof of return, whichever condition is fulfilled first.

You must send the return or deliver the products directly to the COMPAÑÍA FANTÁSTICA store, located in Fernando, VI, 8, 28004, Madrid.

Except in the case that the return of the goods it’s made directly at the COMPAÑÍA FANTÁSTICA store, located in Fernando, VI, 8, 28004, Madrid, you should take on the return costs of the goods to this address. For this reason, you are free to use the shipping company you prefer.

You will only be responsible for the diminished value of the product, resultant of a manipulation different from the necessary to establish the nature, features and proper functioning of the goods

The period will be considered ended if you make the return of the goods before the period ends.

16.2 Contractual right of withdrawal

In addition to the right of withdrawal, recognized legally by the consumers and users, and mentioned in the previous clause 15.1, we will grant a period of 1 month counting from the Shipment confirmation to return the products (except the mentioned in the following clause 15.3, in respect of the ones excluded from the right of withdrawal)

Take into account that the 1 month period will count from date to date; therefore non-working days will not be excluded. If the month of the due date does not have a day that matches the initial date of the contract, the period will expire the last day of the month. In the case that the products are returned inside the contractual period for the right of withdrawal, but once the legal period has passed, only the price paid for the products will be refunded. You will bear the direct return costs of the product when sent to the COMPAÑÍA FANTÁSTICA store, located at Fernando, VI Street, nº 8, 28004, Madrid.

You will be able to exercise your right of withdrawal in accordance with the previous clause 16.1, if you inform us of your intention of terminating your contract once the legal withdrawal period has ended, you will, in all cases, return the goods in a maximum period of 1 month, counting from the Order Confirmation date.

16.3 Common rules

You will not have the right to terminate the contract if its purpose is the supply of any of the following products:

-Customized Articles

– CDs/DVD without their original packaging.

– Goods sealed because of hygiene reasons, which have been unsealed after the delivery.

If the products returned are not in the same conditions in which they were delivered or have suffered damage, the customer will be responsible for the possible depreciation of the returned item, which will be formalized in the refund of the previously paid amount. So you should be careful with the product (s) while in your possession. Please return the item using or including all original packaging, instructions and other accompanying documents.

16.4 Returns at the COMPAÑÍA FANTÁSTICA store

You can return the products to the COMPAÑÍA FANTÁSTICA store, located at Fernando, VI Street, nº 8, 28004, Madrid. In this case, you will have to come with the purchased goods, the invoice that you should have received with the Order Confirmation, which is also kept in your account at the website, and the duly completed return form, that you will receive inside your order.

You can show the invoice digitally through the screen of your mobile devise or taking it printed to the store.

16.5 Returns through carrier Service

In case that you don’t want to return the goods at the COMPAÑÍA FANTÁSTICA store, you will have to send the items you don’t want, together with the duly completed return form. In this case, you will be responsible for the return costs.

Please, take into account that if you chose to send us the items with unpaid postage, we will be authorized to charge you with the expenses that we might be incurred.

After examining the article we will inform you if you have the right to the refund of the paid quantities. The refund of the shipping charges will only be done when the right of withdrawal is exercised inside the legal period, and all the articles of said order are returned. The refund will be done as soon as possible, in any case, in a period of 14 working days from the date you informed us of your intention of withdrawing. Notwithstanding, we can hold back the refund until we have received the goods, or until you have presented us with a proof of return of the items, whichever condition is the earliest.

You will assume the costs and risks of returning the products, as indicated before. If you have any question, you can contact us through our contact section or calling 915 552 505.

16.6 Size exchange

We only accept returns in Exchange for a refund. If you want a different size or color, or to acquire different products, you will need to place a new order and return the items you don’t want to the return address mentioned before, filling the form received with your order.

16.7 Return of defective goods

In the cases where you consider that the received product does not match what is stipulated int he contract, you will have to contact us immediately through our contact section, indicating the product information and the defect it has, or calling 915 552 505, where we will tell you how to proceed.

You will be able to return the product at the COMPAÑÍA FANTÁSTICA store, located at Fernando, VI Street, nº 8, 28004, Madrid, or give it to a carrier we will send to your address when requesting the pickup.

We will proceed to thoroughly examine the returned product and we will inform you by email in a reasonable period if we will refund, or exchange the product. The refund or exchange of the product will be done as soon as possible, or in any case, inside the 14 days following the email we will send you with the confirmation of the refund or exchange of the article.

The quantities paid for those products returned by a defect r imperfection, when it truly exists, will be refunded complete, including the expenses incurred while delivering the article, and the expenses that you might have incurred to return it to us. The refund will be done by the same payment method that you used to pay for the purchase.

In any case, all rights recognized by the current legislation are safe.

17. GUARATEES

If you hire as consumer and user, we offer you guarantees on the products that we commercialize through this web page, in the legally established terms for every type of product, answering, therefore, for the lack of conformity over them that should be manifested within a period of two years from the delivery of the product.

It is understood that the products are consent to the contract whenever (i) fit to the description made by us and possess the qualities that we have presented on this website, (ii) are suitable for the uses ordinarily assigned to the products of the same type and (iii) present the fundamentally expected quality and usual services of a product of the same type. In this sense, if any of the products was not in accordance with the contract, you will have to put it in our knowledge following the procedure detailed in the previous paragraph 16.6 and through any of the media destined to that effect.

The products that we sell, especially the craft products, can often present the characteristics of the natural materials that are used in their manufacture. These characteristics, such as change in the sales, in the texture, in the knots and in the color, will not be considered as defects or imperfections. On the contrary, one should count with their presence and appreciate them. We only select the products of the maximum quality, but the natural characteristics are inevitable and they must be accepted like part of the individual appearance of the product.

18. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You will be able to make use of said material only in a way authorized expressly by us, or those who granted us the license for its use. This will not prevent you from using this website to the extent necessary to copy the information about your orders or contact information.

19. VIRUS, PIRACY AND OTHER HACKING ATTACKS

You must not make wrongful use of this website by the deliberate insertion of virus, Trojans, bugs, logic bombs or any other program or technologically harmful material. You will not try to have non-authorized access not authorized to this website, to the server in which it is hosted or to any other server, computer or database related to our website. You compromise to not attack this website through an attack of refusal of service or of an attack of refusal of distributed service.

The non-compliance of this clause might be linked to the commission of infractions categorized by the applicable regulation. We will inform the competent authorities about the non-compliance of the above mentioned and will cooperate with them to discover the identity of the attacker. Also, in case of non-compliance of the present clause, you will immediately stop being authorized to use this website.

We will not be responsible for any damage or loss resultant from an attack of refusal of service, virus or any other program or technologically harmful material that could affect your computer, computer equipment, information or materials as a result of the use of this website or of the download of contents from it, or contents to which it might redirect you.

20. LINKS THROUGH OUR WEBSITE

In case our website contains links to other websites and third party materials, the mentioned links are provided only for informative means, without us having any control over the content of the mentioned websites or materials. Therefore, we do not accept any responsibility for any damage or loss derived from their use.

21. WRITTEN COMMUNICATIONS

The applicable regulation demands that part of the information or communications that we send are written. Through the use of this website, you agree that most of the above mentioned communications with us will be electronic. We will get in touch with you by email or will provide information by posting notices on this website. To contractual effects, you agree to use this electronic communication media and recognize that any contract, notification, information and other communications that we send in electronic way meet the legal requirements by being in writing. This condition will not affect to your rights recognized by law.

22. NOTIFICATIONS

The notifications that you send to us will have to be sent preferably through our contact form. According to the arranged in the previous clause 22 and unless the opposite is stipulated, we will be able to send you communications, by email or to the postal address given by you at the time of placing an order.

It will be understood that the notifications have been received and have been done correctly in the same moment on which they are posted on our web page, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been done, it will be enough with checking, in the case of a letter, that the address was correct, that it was correctly sealed and that was properly delivered at the post office or in a mailbox and, in case of an email, that it was sent to the email address specified by the recipient.

23. CESSION OF RIGHTS AND OBLIGATIONS

The contract is binding for both you and us, as well as to our respective successors and grantees. You will not be able to transmit, yield, burden or of any other way to transfer a contract or some of the rights or obligations derived from the same one, without having obtained our assent he foresaw in writing.

We can transmit, hand over, encumber, subcontract or by any other way, transfer a contract or some of the rights or obligations derived from it, at any moment during its validity. To avoid any doubt, the above mentioned transmissions, transfers, taxes or other transferences will not affect rights that, in this case, you, as consumer, have recognized by the law, nor will they annul, reduce or limit in any other ways the guarantees, both expressly or implicitly, that we could have granted.

24. RENOUNCE

The absence of request on our part of the strict fulfillment on your part of some of the obligations assumed by you in virtue of a contract or the present Terms or the absence of exercise on our part of the rights or actions that we could be responsible for in virtue of the mentioned contract or the Terms, will not suppose a resignation nor any limitation in regards of the mentioned rights or actions, nor will it exonerate you of fulfilling such obligations.

No resignation from our part to a concrete right or action will suppose a resignation from other rights or actions derived from a contract or from the Terms. No resignation from our part to any of the present Terms or to the rights or actions derived from a contract will take effect, unless it is established expressly that is a resignation and is formalized and communicated to you in a conformity writing with mentioned in the previous Notifications paragraph.

25. PARTIAL INVALIDITY

If some of the present Terms or some disposition of a contract were declared null and void by firm resolution dictated by competent authority, the remaining terms and Terms will remain in force, without being affected by the above mentioned nullity declaration.

26. COMPLETE ACCORD

The present Terms and any document to which express reference is made in them constitute the existing complete agreement between you and us, in relation to their objective, and substitute any other agreement, accord or previous promise agreed upon between you and us verbally or in writing.

Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.

Neither you nor we will have action against any uncertain declaration made by the other part, verbal or written, before the date of a contract (unless such an uncertain declaration was made on a fraudulent way) and the only action which the other part will have will be for a breach of contract in accordance with the arranged in the present Terms.

27. OUR RIGHT TO VARY THESE TERMS

We reserve to ourselves the faculty to modify the Terms and Terms. We will keep you informed of the substantial changes made to them. The introduced modifications will not have retroactive character and, depending on the specific cases, they will be of application after 30 days of the date of its publication in the corresponding notice.

If you do not agree with the modifications, we recommend you not to make use of our website.

28. APPLIED LEGISLATION AND COMPETENT JURISDICTION

The use of our website and the contracts of purchase of products through it will be ruled by the Spanish legislation.

Any controversy that arises or keeps relation with the use of the website or with said contracts will be submitted to the not exclusive jurisdiction of the jury and Spanish courts.

If you are hiring as a consumer, nothing in the present clause will affect the rights that as such recognizes the current legislation.

29. COMMENTS, SUGGESTIONS, CLAIMS AND COMPLAINTS

Your comments and suggestions will be well received. We ask you to send to us such comments and suggestions, as well as any question, complaint or claim, through our contact form, the phone number, the address or the email indicated in the clause 2 of the present Terms. Also, we have official claim sheets at the disposal of the consumers and users. You can request them by calling 915 552 505 or through our contact section.

Your complaints and claims made to our Customer Service will be attended as fast as possible, and, in any case, in the legally established period. Also, they will be registered with an identifying password that we will inform you of and will allow you to do a follow-up of them.

If as a customer you think that your rights have been damaged, it can send us your complaints to email address eshop@ciafantastica.com in order to request an extrajudicial settlement of conflicts.

In this sense, if the acquisition between you and ourselves has been made online through our website, in accordance with the Regulation Nº 524/2013 of the EU, we inform you that you have a right to request an extrajudicial settlement of conflicts with us on the subject of accessible consumption through the Internet address http://ec.europa.eu/consumers/odr/.

Model withdrawal form

(You must only fill and send the present form if you wish to withdraw the contract)

To the attention of CALECIA PINAR S.L. operating under the trade name COMPAÑIA FANTASTICA, with residence at Orellana Street, 10, Bajo Dcha, 28004 Madrid, Spain and e-mail info@ciafantastica.com.

By the present I communicate that I withdraw from my sales contract of the following good:

Ordered on / received on (*):

Name of the consumer:

Address of the consumer:

Signature of the consumer (only if the form is presented in paper)

Date:

(*) Cross out what does not proceed