• CONTRACT
• SERVICE AVAILABILITY
• PRODUCT INFORMATION
• PURCHASE PROCEDURE
  (Yo). How to order
  (ii). Technical means to correct errors
• PRODUCT AVAILABILITY
• DELIVERY – NON-DELIVERY
• RIGHT NOT TO ACCEPT AN ORDER
• TRANSMISSION AND PROPERTY RISK
• PRICE AND PAYMENT
• RETURN POLICY
  (Yo). Right of withdrawal
  (ii). Consequences of withdrawal
  (ii). Returns through messenger/courier
  (iv). Returns of defective products
• CUSTOMS INFORMATION
• GUARANTEE
• 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").

We ask you to read these 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. Likewise, we will inform you about the shipment of your products. You can, however, modify your order before the order enters the shipping process.

You agree to receive invoices for your purchases electronically. Electronic invoices will be provided in PDF format in the My Account section of the website / by email. Likewise, you can obtain a copy of your paper invoice by contacting us free of charge by e-mail, chat or telephone through the following link: [ http://www.carmensays.com/es/contactanos].

SERVICE AVAILABILITY

When placing an order on the Website/Application you ensure 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 area), Denmark, Slovakia, Slovenia, Spain (including the Canary Islands, Ceuta and Melilla), Estonia, Finland, France (metropolitan), Greece, Hungary, Ireland, Italy (with the exception of San Marino, Livigno, Campione, Vatican City, Italian waters of Lake Lugano), Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland , Portugal, the United Kingdom, the Czech Republic, Romania and Sweden ].

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

You can buy from the country you prefer but we can only send your order to addresses located in the country chosen from the list of countries in which we distribute. When changing countries, the shipping methods, delivery points and other conditions of sale will be updated. In relation to purchases and delivery of products abroad, we refer to what is indicated below.

PRODUCT INFORMATION

Each product is accompanied by the following data:

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

*Carmen Says has made an effort to show the colors of the garments as close to reality as possible. However, the color of the garments that appears on the screen of your device may be subject to variations depending on its quality or type. In this sense, Carmen Says cannot guarantee that the colors that appear on the screen of your device are faithful to reality.

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

Special offers, promotions or discounts will be valid until the indicated date or while stocks last.

In the same way, Carmen Says makes the necessary efforts so that the information contained in the Website/Application is complete, truthful and correct. If there is an error in any data, Carmen Says will proceed to rectify it.

PURCHASE PROCEDURE

How to place an order

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

2. The shopping bag will contain the reference of the selected item, its name, size, chosen color and price, in the corresponding currency (taxes included). The expressed price does not include transport, whose rates will vary depending on the selected shipping method.

3. To make the purchase, the customer's personal data will be required, which will be incorporated into our database in order to be able to process the order and, where appropriate, facilitate the making of new purchases through the Website/Application . The personal data provided by customers will be treated in accordance with the provisions of our Privacy Policy. The client will be able to access, at any time, the personal data provided and the information of the orders placed. Carmen Says reminds customers that personal data must be indicated accurately to avoid confusion or incidents in the shipment of the item(s) purchased. In addition, the client, in the case of being expressly requested by him, will receive personalized commercial communications adapted to his 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, its total price (transport and taxes included) with each item broken down and the shipping data. of the order, so that the client confirms it by clicking on the button with the expression 'Confirm payment'.

If, before confirming the payment, you detect an error in your order, you can modify any detail of it by clicking on the 'Edit' or 'Delete' button. If you detect an error in your order once the payment process is complete, please contact our Customer Service.

Once the order has been placed, the order number will be communicated through the Website/Application itself so that the customer can, at all times and from their device, track it. Likewise, an automatic email message will be sent to the address indicated by the client to acknowledge receipt of the order with a description of it and including the personal data provided by him. The non-receipt of this message may be due to a temporary communication problem on the network or a typing error in the email address provided. In both cases, Carmen Says recommends that the client contact Customer Service.

The receipt of the aforementioned acknowledgment of the order does not mean acceptance of the order by Carmen Says. The customer's order constitutes an offer to Carmen Says to purchase the product(s). All orders are subject to their acceptance by Carmen Says. Carmen Says is not required to accept the order and may, at its discretion, deny acceptance. The client, however, acknowledges that by clicking on the "Confirm payment" button, he acquires the obligation to pay for the product(s) when Carmen Says accepts the order. In this sense, when Carmen Says accepts the order, it will notify the client through a new email confirming that the order has been sent or, where appropriate, that it is available for collection (the "Confirmation"). Without prejudice to what is contained in the following point, the contract between the client and Carmen Says in relation to the requested product(s) shall be understood to have been perfected when Carmen Says sends the client its Confirmation. The Contract will only be related to the product(s) that have been accredited in the Confirmation. Carmen Says will not be obligated to supply any product(s) that has not been confirmed.

Technical means to correct errors.

In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them 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 the telephone [ ], the chat available on the website, via social networks (Facebook and Twitter) or through WhatsApp, as well as exercise the right of rectification contemplated in our Privacy and Cookies Policy through [email].

This web page shows confirmation windows in various sections of the purchase process that do not allow you to continue with the order if the data in these sections has not been provided correctly. Likewise, this web page offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.

If you detect an error in your order after the completion of the payment process, you must immediately contact our customer service, by phone or at the aforementioned email address, to correct the error.

PRODUCT AVAILABILITY

All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you may have paid.

DELIVERY – NON-DELIVERY

Before formalizing the order you must select the delivery method that best suits your needs. Unless we have agreed otherwise, we will send you the order consisting of the products/s 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 there are unforeseen or extraordinary circumstances that may affect the delivery date.

If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option of going ahead with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Keep in mind, in any case, that we do not make home deliveries on Saturdays or Sundays.

For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.

If it is impossible for us 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. Likewise, we will leave you a note explaining where your order is and how to have it sent to you again. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.

In the event that 15 days have elapsed since your order was available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a consequence of the termination of 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 on which we consider the contract terminated. Please keep in mind that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.

RIGHT NOT TO ACCEPT AN ORDER

CARMEN SAYS may cancel any Confirmed order or not accept an order placed for the following reasons:

• 1. In case of a technical error and/or a typographical error in the prices or in the rest of the data of the products contained in the Web Page/Application when the order was placed.
• 2. Due to lack of availability as described above.
• 3. When the 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 reimburse the amounts that have been paid in accordance with the provisions of these Conditions of Sale.

TRANSMISSION AND RISK OF PROPERTY.

The risks of the products will be at your expense from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery, if this takes place at a later time.

PRICE AND PAYMENT

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

DELIVERY OF PRODUCTS

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

Home deliveries in the peninsular territory of Spain will have no cost for orders over 60 euros, for orders under that amount the shipping cost will be [€3.5] euros. Home deliveries outside of Spain (to the countries in which 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 incidents (wrong addresses, impossibility of finding someone at home, etc.), it is essential to fill in the corresponding form correctly.

The monitoring of the orders can be done through the Web Page where it will be indicated, at all times, where the product(s) is located until its final reception. The transport price is calculated based on the chosen shipping method and the total price of the products purchased.

The exact price of transport will be calculated when each item is included in the shopping bag and will appear itemized on the page that summarizes the purchase before the order is confirmed by the customer by clicking on the 'Confirm payment' button and before the introduction of the payment data.

It will not be possible to send orders to military bases or post office boxes. Shipping costs may be modified at any time without prior notice. Said change will be applicable from the moment the modification is included in these Conditions of Sale. In any case, those shipping costs that appear at the time of placing the order will be valid.

RETURN POLICY

Right to withdraw from the purchase

The Client has the right to withdraw from the purchase and return the product(s) purchased (except for the products described in the following clause), without the need for justification, within a period of 14 calendar days from the date of receipt. . In the event that the products that make up your confirmed order are delivered separately, on different dates, for the purposes of return, the date of receipt of the last product will operate.

In the event that the customer returns all the products in his order within the first fourteen (14) calendar days from the receipt of the last product, he will be refunded all payments received after the purchase, including shipping costs (with the exception of the additional expenses resulting from the choice by the customer of a shipping method other than the least expensive method of ordinary delivery offered). However, the customer must pay the return costs. The return procedure will be indicated in the following section.

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

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

Conditions of changes of products and/or size and returns

Carmen Says will not be able to accept changes or returns of used or damaged garments (as long as it is not a defect and/or quality or manufacturing defect). For reasons of hygiene, sealed products cannot be returned, such as underwear, masks and bathroom items that do not keep the label or protection device. Personalized clothing and accessories cannot be exchanged or returned.

The change of a model for a different one will not be admitted, so only the size can be changed. 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 the return or exchange form duly completed. If you do not have these documents at the time of making the change or return, you can download the return or change form by accessing the order detail page in the "My purchases" section available on the Website/Application.

Procedure for changes and/or returns with free collection service at home

In any case, the return or change of sizes will be made within a period not exceeding one (1) month from delivery. Beyond this period no return or exchange will be accepted.

You can make a size change or return the products purchased on the Website/Application by requesting the free home collection that Carmen Says makes available to its customers. The customer who wishes to make a size change or return must make his request online through the Returns section in the My account section. If you do not have an account, you must access the My purchases section.

Once the order is placed, we will send a carrier to collect your package.

Carmen Says will not assume the return or exchange costs that are not made through the free home collection service.

The free home collection service is available in Spain, including the Balearic Islands, the Canary Islands, Ceuta and Melilla.

If you want to request an exchange or return from another country, contact the Carmen Says Customer Service department.

refunds

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

The reimbursement of shipping costs will be made after the products. To make the payment of orders paid by bank transfer, the client must indicate an IBAN code to Carmen Says so that the corresponding amount can be paid. The IBAN code must belong to a bank in the country to which the order is sent.

Return of wrong or defective products

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

Carmen Says will not be liable to the customer when the product contained in the package returned by the customer is wrong. Notwithstanding the foregoing, in the event that the client by mistake had sent a different product to that of the order and it was possible to manage the collection of the same, the client must process said return assuming the costs corresponding to said collection.

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

Carmen Says will not be liable to the customer when the product contained in the package returned by the customer is wrong. Notwithstanding the foregoing, in the event that the client by mistake had sent a different product to that of the order and it was possible to manage the collection of the same, the client must process said return assuming the costs corresponding to said collection.

CUSTOMS INFORMATION

When you order products at 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 charged at the time the package arrives at your destiny. Any additional amount due to customs clearance will be at your expense. CARMEN SAYS.com has no control over such amounts. Customs policies vary significantly from one country to another, so for more information, please consult the corresponding customs office.

Remember, also, that when you place an order with CARMEN SAYS.com, the law formally considers you as an importer, and you must therefore comply with all applicable laws and regulations in the country where you receive the product. Your privacy is a matter 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 will not be responsible for (i) any losses that were not attributable to any breach on its part, (ii) business losses (including lost profits, income, contracts, expected savings, data, loss of fund trade or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

The laws of some countries may not allow some or all of the limits of liability set forth above. In the event said legislation were to apply, some or all of said limits may not be applicable. Likewise, said legislation could confer additional rights to those provided herein.

Nothing in these conditions limits or excludes our liability in the event of misrepresentation, or for death or personal injury attributable to our negligence or intent.

Likewise, CARMEN SAYS.es will not be responsible for any delay or breach of its obligations derived from these conditions if said delay or breach 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 the shipment of the product, CARMEN SAYS .es will not charge you any amount for said product until it has been sent to you, in which case you can cancel the order at any time prior to said shipment.

The terms and conditions of the guarantee that CARMEN SAYS .es offers on its products vary depending on the person who makes the purchase: a "consumer" or another person who "acts for purposes that fall within the framework 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 guarantee of conformity provided for in the legislation according to which the delivered good must be in accordance with the contract, and to which the seller is legally bound (Legal Guarantee). For more information on the scope, content and instructions for the exercise of this Legal Guarantee, 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 derived from it without having previously obtained the written consent of Carmen Says.

No waiver by Carmen Says of a right to a specific action derived from this contract will imply a waiver of other rights or actions unless expressly communicated in writing.

APPLICABLE LAW

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

MODIFICATION OF THE CONDITIONS OF SALE.

We reserve the right to make changes to our website, our policies, and our terms and conditions, including these Terms of Sale, at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time you place your order, unless, by law or by requirement of public authorities, a change must be made to said terms and conditions, policies or to these Conditions of Sale (in which case, such changes may apply to any orders you have previously placed). If any of these conditions were declared invalid, void or for any reason ineffective, said condition shall be deemed excluded without said declaration affecting the validity or enforceability of the rest of the conditions.

RESIGNATION

In case of breach by you of these Conditions of Sale, and even when CARMEN SAYS.es may not exercise any rights available to it at that time, CARMEN SAYS.es may make use of such rights and actions on any other occasion in which you could breach these Conditions of Sale.