• CONTRACT
• SERVICE AVAILABILITY
• PRODUCT INFORMATION
• PURCHASE PROCEDURE
  (i). How to place an order
  (ii). Technical means to correct errors
• PRODUCT AVAILABILITY
• DELIVERY – IMPOSSIBILITY OF DELIVERY
• RIGHT TO REFUSE AN ORDER
• TRANSFER AND RISK OF PROPERTY
• PRICE AND PAYMENT
• RETURN POLICY
  (i). Right of withdrawal
  (ii). Consequences of withdrawal
  (ii). Returns via courier
  (iv). Returns of defective products
• CUSTOMS INFORMATION
• WARRANTIES
• OUR RESPONSIBILITY
• APPLICABLE LAW
• MODIFICATION OF THE CONDITIONS OF SALE
• ASSIGNMENT AND WAIVER OF RIGHTS
• MINORS
  

These Conditions of Sale apply to the sale of products by OTITRENDEE2021, SL (hereinafter, “CARMEN SAYS”).

Please read these terms and conditions carefully before placing your order with CARMEN SAYS. By placing your order, you agree to be bound by them.

CONTRACT

When you place your order, we will send you a message confirming receipt of your order. We will also inform you about the shipment of your products. However, you can modify your order before it enters the shipping process.

You agree to receive electronic invoices for your purchases. Electronic invoices will be provided in PDF format in the My Account section of the website or by email. You can also obtain a paper copy of your invoice by contacting us free of charge by email, chat, or phone using the following link: [http://www.carmensays.com/en/contact-us].

SERVICE AVAILABILITY

By placing an order on the Website/App you confirm that you are over 18 years of age.

The products offered are distributed in the following member states of the European Union: [ Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus (southern zone), Denmark, Slovakia, Slovenia, Spain (including the Canary Islands, Ceuta and Melilla), Estonia, Finland, France (metropolitan), Greece, Hungary, Ireland, Italy (except San Marino, Livigno, Campione, Vatican City, Italian waters of Lake Lugano), Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania and Sweden ].

If you purchase a product from outside these countries, please review the conditions indicated in this document.

You can purchase from any country of your choice, but we can only ship your order to addresses located in the country you selected from the list of countries where we ship. When changing countries, shipping methods, delivery locations, and other terms of sale will be updated. Regarding purchases and delivery of products abroad, please refer to the information provided below.

PRODUCT INFORMATION

Each product is accompanied by the following information:

• Article name
• Image/s of the article
• Item Description
• Available sizes and colors*
• Composition
• Washing instructions
• Retail Price (in the corresponding currency)

*Carmen Says has made every effort to display garment colors as accurately as possible. However, the color of the garments displayed on your device's screen may vary depending on the quality or type of device. Therefore, Carmen Says cannot guarantee that the colors displayed on your device's screen will accurately reflect the actual colors.

Furthermore, the characteristics of the natural materials used in the manufacture of some products may present variations in texture and color. These variations will not be considered quality defects or flaws.

Special offers, promotions, or discounts are valid until the date indicated or while supplies last.

Likewise, Carmen Says makes every effort to ensure that the information contained on the Website/Application is complete, truthful, and accurate. If any information is inaccurate, Carmen Says will correct it.

PURCHASE PROCEDURE

How to place an order.

1. The items you wish to purchase must be selected and added to the shopping bag by clicking on the corresponding icon.

2. The shopping bag will contain the item reference number, name, size, color, and price in the corresponding currency (tax included). The price shown does not include shipping costs, which vary depending on the shipping method selected.

3. To complete a purchase, the customer's personal information will be required. This information will be added to our database to process the order and, where appropriate, facilitate subsequent purchases through the Website/Application. The personal information provided by customers will be processed in accordance with our Privacy Policy. Customers may access the personal information provided and information regarding orders placed at any time. Carmen Says reminds customers that personal information must be provided accurately to avoid confusion or incidents in the delivery of the purchased item(s). Furthermore, customers, if specifically requested, will receive personalized commercial communications tailored to their profile by email and/or SMS.

4. Before placing the order, the customer will be presented with a summary of the order, identifying the product(s) added to the shopping bag, their total price (including shipping and taxes), with a breakdown of each item and the order's shipping details. The customer can confirm the order by clicking on the button labeled "Confirm payment."

If you detect an error in your order before confirming payment, you can modify any details by clicking the "Edit" or "Delete" button. If you detect an error in your order after completing the payment process, please contact our Customer Service team.

Once the order has been placed, the order number will be communicated through the Website/App so that the customer can track it at any time from their device. An automatic email will also be sent to the address provided by the customer to acknowledge receipt of the order, including a description of the order and the personal information provided. Failure to receive this message may be due to a temporary network communications problem or a typing error in the email address provided. In both cases, Carmen Says recommends that the customer contact Customer Service.

Receipt of the aforementioned order acknowledgment does not constitute Carmen Says' acceptance of the order. The customer's order constitutes an offer to Carmen Says to purchase the product(s). All orders are subject to Carmen Says' acceptance. Carmen Says is not obligated to accept the order and may, at its discretion, refuse to do so. The customer, however, acknowledges that by clicking the "Confirm Payment" button, they are obligated to pay for the product(s) upon Carmen Says' acceptance of the order. Therefore, when Carmen Says accepts the order, it will notify the customer via a new email confirming that the order has been shipped or, where applicable, that it is available for collection (the "Confirmation"). Notwithstanding the provisions of the following paragraph, the contract between the customer and Carmen Says in relation to the product(s) ordered will be deemed concluded when Carmen Says sends the customer its Confirmation. The Contract will apply only to the product(s) credited in the Confirmation. Carmen Says will not be obligated to supply any product(s) that have not been confirmed.

Technical means to correct errors.

If you discover that an error occurred when entering your personal information during your registration as a user of this website, you can modify it in the "My Account" section.

In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service via telephone [ ], the chat available on the website, via social networks (on Facebook and Twitter) or via WhatsApp, as well as exercising the right of rectification contemplated in our Privacy and Cookies Policy through [email].

This website displays confirmation windows in various sections of the checkout process that prevent you from proceeding with your order if the information in these sections has not been entered correctly. This website also provides details of all the items you have added to your cart during the checkout process, so you can modify your order details before making payment.

If you discover an error in your order after completing the payment process, you must immediately contact our customer service team at the telephone number or email address mentioned above to correct the error.

PRODUCT AVAILABILITY

All orders are subject to product availability. If there are any supply issues or if items are out of stock, we will refund any amount you may have paid.

DELIVERY – IMPOSSIBILITY OF DELIVERY

Before placing your order, you must select the delivery method that best suits your needs. Unless otherwise agreed, we will send your order, consisting of the products listed in each Shipping Confirmation, without undue delay and no later than 30 calendar days from the date of the Order Confirmation.

Please note that unforeseen or extraordinary circumstances may affect the delivery date.

If for any reason we are unable to meet the delivery date, we will inform you and give you the option to continue with the purchase by setting a new delivery date or cancel the order with a full refund. Please note, however, that we do not deliver on Saturdays or Sundays.

For the purposes of these Terms and Conditions, "delivery" or the order will be deemed to have occurred when you or a third party designated by you acquire physical possession of the products, evidence of which will be provided by signing for receipt of the order at the agreed delivery address.

If we are unable 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. We will also leave you a note explaining where your order is and how to arrange for it to be sent again. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.

If, after 15 days from when your order is available for delivery, it has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and will consider it terminated. As a result of terminating the contract, we will refund the price of the purchased product (but not the shipping costs) without undue delay and, in any case, within a maximum period of 14 days from the date we consider the contract terminated. Please note that shipping costs resulting from termination may incur additional costs, and we will therefore be authorized to charge you for the corresponding costs.

RIGHT TO REFUSE AN ORDER

CARMEN SAYS may cancel any Confirmed order or refuse to accept an order for the following reasons:

• 1. In the event of a technical error and/or typographical error in the prices or other product information contained on the Website/App when the order was placed.
• 2. Due to lack of availability as described above.
• 3. When security systems indicate that the order may be fraudulent.
• 4. When there are reasons indicating that the client is a minor.
• 5. When CARMEN SAYS has not been able to deliver the order to the address provided by the customer.
• 6. When there is a computer attack, virus or any event that is beyond the reasonable control (force majeure) of CARMEN SAYS.

In such cases, CARMEN SAYS will fully refund the amounts paid in accordance with these Conditions of Sale.

TRANSFER AND RISK OF PROPERTY.

The risk of the products will be borne by you from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in respect of them, including shipping costs, or upon delivery, whichever is later.

PRICE AND PAYMENT

We refer to the Payment Policy in the Payment Methods section.

DELIVERY OF PRODUCTS

The risk of the products will be borne by the customer from the moment of delivery. Products purchased through the Website/Application will be shipped via a courier company and will be delivered within the time period specified on the Website/Application according to the shipping method selected and, in any case, within a maximum period of thirty (30) calendar days from the date of receipt of the Confirmation.

Home deliveries within mainland Spain will be free for orders over 60 euros, for orders under that amount the cost of shipping will be [3.5€] euros. Deliveries to homes outside of Spain (to the countries where we distribute) and to the Balearic Islands, the Canary Islands, Ceuta and Melilla will have a cost of [to be specified in each case before making the purchase].

For shipments abroad (to countries other than those in which we distribute), the cost [will be specified in each case before making the purchase].

To avoid delivery issues (wrong addresses, inability to find someone at home, etc.), it is essential to complete the corresponding form correctly.

Orders can be tracked through the Website, where the location of the product(s) will be indicated at all times until final receipt. Shipping costs are calculated based on the shipping method chosen and the total price of the products purchased.

The exact shipping cost will be calculated when each item is added to the shopping bag and will be detailed on the purchase summary page before the customer confirms the order by clicking the "Confirm Payment" button and entering payment details.

Orders cannot be shipped to military bases or PO boxes. Shipping costs may change at any time without prior notice. These changes will be applicable from the moment the change is included in these Terms of Sale. In all cases, the shipping costs shown at the time the order is placed will be valid.

RETURN POLICY

Right to withdraw from the purchase

The Customer has the right to withdraw from the purchase and return the purchased product(s) (except for the products described in the following clause), without providing justification, within 30 calendar days from the date of receipt. If the products comprising your confirmed order are delivered separately, on different dates, the date of receipt of the last product will apply for returns.

If the customer returns all of the products in their order within the first fourteen (30) calendar days of receiving the last product, they will be refunded all payments received after the purchase, including shipping costs (with the exception of additional costs resulting from the customer choosing a shipping method other than the least expensive standard delivery offered). However, the customer must pay the return costs. The return procedure is as indicated in the following section.

If the customer decides to keep a product and, consequently, partially cancel their order, they will only be refunded the price paid for the products; shipping costs will not be refunded. To exercise the right of withdrawal, the customer must notify their decision through the following channels:

• By email to: hello@carmensays.com
• By phone calling (+34) 639 834 418
  
  

Conditions for product and/or size changes and returns

Carmen Says cannot accept returns or exchanges for used or damaged garments (as long as it is not due to a defect or manufacturing flaw). For hygiene reasons, sealed products, such as underwear, masks, and toiletries that do not have the label or protective device, cannot be returned. Customized garments and accessories cannot be exchanged or returned.

Exchanging a model for a different model will not be accepted; therefore, only the size may be exchanged. To exchange a product for a different one, the customer must return it and make a new purchase.

Any return or exchange of purchased products must be carefully packaged and include the delivery note or a duly completed return or exchange form. If you do not have these documents at the time of the return or exchange, you can download the return or exchange form by accessing the order details page in the "My Purchases" section available on the Website/App.

Procedure for exchanges and/or returns with free home collection service

In any case, returns or exchanges of sizes must be made within one (1) month of delivery. Returns or exchanges will not be accepted beyond this period.

You can exchange a size or return products purchased on the Website/App by requesting the free home pickup service that Carmen Says offers its customers. Customers wishing to exchange a size or return a product must submit their request online through the Returns section in the My Account section. If you don't have an account, you must access the My Purchases section.

Once your order is placed, we will send a carrier to pick up your package.

Carmen Says will not cover return or exchange costs if items are not collected through the free home pickup service.

Free home pickup service is available in Spain, including the Balearic Islands, the Canary Islands, Ceuta, and Melilla.

If you'd like to request an exchange or refund from another country, please contact Carmen Says' Customer Service department.

Refunds

Once the product(s) have been received, Carmen Says will verify their good condition and, if an exchange has been requested, will proceed to send the required size or, if a return has been requested, will proceed to refund the amount using the same payment method used in the purchase. Once the condition of the returned products has been verified, the customer will be informed via email. The refund will be made within fourteen (14) calendar days from the time Carmen Says has been informed of the decision to withdraw. However, Carmen Says may withhold the refund until it has received the goods or until the customer has presented proof of their return, whichever condition is met first.

Shipping costs will be refunded after the product refunds. To refund orders paid by bank transfer, the customer must provide Carmen Says with an IBAN code so the corresponding amount can be credited. The IBAN code must belong to a bank in the country to which the order is being shipped.

Return of incorrect or defective products

In the event that Carmen Says has mistakenly sent a product different from the one ordered, that the quality of the product sent is not adequate or that the product does not comply with the terms of the contract, Carmen Says, once the error or defect has been verified, will fully refund the amount of the returned product and any shipping costs incurred, provided that the return is made within one (1) month of delivery. The return of these products will be arranged by Carmen Says through free collection at the customer's address. If you wish to return a product due to an incorrect or defective product that was purchased from a country where Carmen Says does not distribute, please contact the Carmen Says Customer Service department.

Carmen Says will not be liable to the customer if the product contained in the package returned by the customer is incorrect. Notwithstanding the foregoing, if the customer mistakenly sent a product different from the one ordered and it could be collected, the customer must process the return and assume the corresponding collection costs.

In the event that Carmen Says has mistakenly sent a product different from the one ordered, that the quality of the product sent is not adequate or that the product does not comply with the terms of the contract, Carmen Says, once the error or defect has been verified, will fully refund the amount of the returned product and any shipping costs incurred, provided that the return is made within one (1) month of delivery. The return of these products will be arranged by Carmen Says through free collection at the customer's address. If you wish to return a product due to an incorrect or defective product that was purchased from a country where Carmen Says does not distribute, please contact the Carmen Says Customer Service department.

Carmen Says will not be liable to the customer if the product contained in the package returned by the customer is incorrect. Notwithstanding the foregoing, if the customer mistakenly sent a product different from the one ordered and it could be collected, the customer must process the return and assume the corresponding collection costs.

CUSTOMS INFORMATION

When you order products from CARMEN SAYS.com for delivery to a country outside the European Union, you may be required to pay import duties and taxes, which will be collected upon arrival. Any additional amounts due to customs clearance will be your responsibility. CARMEN SAYS.com has no control over these amounts. Customs policies vary significantly from country to country, so please consult the relevant customs office for more information.

Please also remember that when you place an order with CARMEN SAYS.com, you are formally considered the importer by law, and you must therefore comply with all applicable laws and regulations in the country where you receive the product. Your privacy is of great importance to us. We want our international customers to be aware that international shipments are subject to inspection and opening by customs authorities.

OUR RESPONSIBILITY

CARMEN SAYS.es shall not be liable for (i) any losses which were not attributable to any breach on its part, (ii) any business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses which were not reasonably foreseeable to both parties at the time the contract for the sale of the products was entered into between both parties.

The laws of some countries may not permit some or all of the liability limits set forth above. If such laws apply, some or all of these limits may not apply. Such laws may also confer additional rights to those provided herein.

Nothing in these terms limits or excludes our liability for misrepresentation, or for death or personal injury attributable to our negligence or wilful misconduct.

Likewise, CARMEN SAYS.es will not be liable for any delay or failure to comply with its obligations under these terms if such delay or failure is attributable to circumstances beyond our reasonable control. This provision does not affect your right to receive the product within a reasonable time. If the delay occurs prior to dispatch of the product, CARMEN SAYS.es will not charge you for said product until it has been dispatched to you, in which case you may cancel the order at any time prior to dispatch.

The terms and conditions of the guarantee that CARMEN SAYS.es offers on its products vary depending on the person making the purchase: a "consumer" or another person "acting for purposes within the scope of their professional activity", in accordance with the provisions of Directive 1999/44/EC of the European Parliament and of the Council.

If you purchase the product as a "consumer," you are entitled to the warranty of conformity provided for by law, which requires that the delivered goods conform to the contract, and to which the seller is legally bound (Legal Warranty). For more information about the scope, content, and instructions for exercising this Legal Warranty, please contact us.

ASSIGNMENT AND WAIVER OF RIGHTS

The client may not transmit, assign, or transfer a contract or any of the rights or obligations arising from it without first obtaining the written consent of Carmen Says.

No waiver by Carmen Says of any right to a specific action arising from this contract shall constitute a waiver of any other rights or actions unless expressly communicated in writing.

APPLICABLE LAW

These terms and conditions shall be governed by and construed in accordance with the laws of Spain. The European Commission provides a platform for alternative dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr/. If you wish to communicate any matter to us, please contact us.

MODIFICATION OF THE CONDITIONS OF SALE.

We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms of Sale, at any time. You will be subject to the terms and conditions, policies, and Terms of Sale in force at the time you place your order, unless, by law or at the request of public authorities, changes to those terms and conditions, policies, or these Terms of Sale are required (in which case, such changes may apply to any orders you have previously placed). If any of these terms and conditions are declared invalid, void, or for any reason unenforceable, that condition will be deemed severed without affecting the validity and enforceability of any remaining terms and conditions.

RESIGNATION

In the event of your breach of these Terms of Sale, and even if CARMEN SAYS.es may not exercise any rights available to it at that time, CARMEN SAYS.es may exercise such rights and remedies on any other occasion in which you may breach these Terms of Sale.