Terms of service

Terms of service 

 

1. INTRODUCTION

  

1.1 COOLWAY is the trade name of VANYOR S.A.U., a company registered in the commercial register of Valencia with CIF A96304134 and registered office at Calle Charles Robert Darwin 34-36, 46980 Paterna, Valencia, Spain. 

You can contact us by calling us free of charge on 961 366 549 (winter opening hours: Monday to Friday, 8.30am to 6pm. Summer hours: Monday to Friday from 7.00 am to 3.00 pm). 

  

1.2 These Terms and Conditions govern the sale to customers of any of the Products listed on our Website. The placing of an Order constitutes a legally binding acceptance of these Terms and Conditions. 

  

1.3 These Terms and Conditions govern the sale to customers of any of the Products displayed on our Website. The placing of an Order constitutes a legally binding acceptance of these Terms and Conditions. 

  

1. a) "Account" means your account on the Website as a registered user.
2. b) "Acknowledgement" means our email acknowledgement of receipt of your Order.
3. c) "Breach of Obligations" means as detailed in clause 10.9(b) of these Terms and Conditions.

(d) "Business Day" means any day which is not a Saturday or Sunday or a public holiday in any part of the United Kingdom. 

1. e) "Order Confirmation Email" means the email we send to you to confirm the validity of your Order.
2. f) "Contract" means the Order for a Product in accordance with these Terms and Conditions, which you accept as set out in clause 4.9 below.
3. g) "Customer" means the person placing the Order.
4. h) "Liability" means as detailed in clause 10.9 (a) of these Terms and Conditions.
5. i) "Order" means the Order placed on our Website for the purpose of purchasing our Products.
6. j) "You" means the customer placing the Order.
7. k) "Clauses" means the clauses contained in these Terms and Conditions.
8. l) The clause headings are for reference only and shall not affect the interpretation of these Terms and Conditions.
9. m) Words expressed in the singular shall include the plural and vice versa. Words expressed in a particular gender shall include all genders and references to persons shall include individuals, firms, partnerships, companies or associates. The words "includes" or "including" and similar expressions or words shall mean "without limit".

  

1.4 These Terms and Conditions govern the sale to customers of any of the Products listed on our Website. The placing of an Order constitutes a legally binding acceptance of these Terms and Conditions. 

  

1. YOUR STATUS

  

By placing an Order on our Website, you warrant that you are over 18 years of age. 

  

1. APPLICATION

  

3.1 These Terms and Conditions shall apply to any Order or Contract placed or to be placed for the purpose of selling and distributing our Products. The placing of an Order or a shipping order or the acceptance of delivery of the Products constitutes unreserved acceptance of these Terms and Conditions. Nothing in these Terms and Conditions shall affect your statutory rights (including the right to claim that Products purchased from a business must correspond with their description, meet their intended purpose and be of satisfactory quality). 

  

3.2 These Terms and Conditions shall prevail over any separate documents you enter into. Any conditions that you submit, propose or stipulate in any format and at any time, whether in writing, by email or orally, are excluded. 

  

3.3 Additional terms or modifications to these Terms and Conditions shall not be binding unless provided by COOLWAY in writing and by signed document. 

 

1. CONCLUSION OF CONTRACTS

  

4.1 In order to place an Order you must follow the instructions on how to place and modify your Order before finalising it. 

  

4.2 Regardless of any previous prices you have seen or heard, once you have selected a Product for your Order you will be shown the relevant price (on the Website), which will include VAT, if any, and any applicable delivery charges. In accordance with clause 4.10 below, this will be the total amount payable for the Order placed. 

  

4.3 In order to complete the purchase process, you must pay the full amount of the Order in one payment. To do this, you can provide us with the details of a valid credit or debit card or use a PayPal account. The means of payment will be: Credit or debit card or PayPal. It is not permitted to use data or payment instruments of third parties. In order to ensure the confidentiality and security of data transmitted via the website, COOLWAY uses a secure payment system SSL (Secure Socket Layer). However, we are not obliged to ship the goods until we have registered full payment for the purchase. 

  

4.4 To enter the details of a bank card, you must be entitled to use it and it must have sufficient funds to cover the possible payment. 

  

4.5 You are responsible for ensuring that all details provided for the purpose of purchasing Goods are correct, that the credit or debit card or PayPal account used belongs to you and that those cards or accounts have sufficient funds to cover the cost of the Goods. We reserve the right to require confirmation of payment information prior to dispatch of the Order. 

  

4.6 By placing an Order on the Website you accept these Terms and Conditions as at the date of placing the Order. It is your responsibility to check the latest version of the Terms and Conditions when placing your Order. 

  

4.7 You agree to receive invoices and credit notes for your returns in electronic format only. 

  

4.8 The issue of your Order shall constitute the execution and effectiveness of a Contract for all purposes. For our part, we shall be obliged to send you the Products ordered and the Acknowledgement of Receipt of your Order. 

  

4.9 We will start the process of dispatching the Products when we issue the Order Confirmation. In the Order Confirmation we will provide you with information about the Products purchased, the reference number of your Order and the return code of your Order. In the event that the Products are not available, we will contact you in order to cancel the Order or offer you alternative Products (in which case you will need to place the Order again). If you do not receive the Order Confirmation, please contact us. 

  

4.10 The document called the Order Confirmation Email will contain full details of your purchase. Upon acceptance of your Order, you will receive an invoice, which will not affect your obligation to pay the purchase price in advance. 

  

4.11 If you discover any errors in your Order after you have completed it, please contact us by emailing us here immediately. We cannot guarantee that we will amend the Order according to your instructions. If you wish to cancel an Order for non-defective products, please refer to clause 7 below. 

  

4.12 COOLWAY reserves the right to change the prices of its products. The purchase price will be the price in effect at the time of closing the transaction. 

  

4.13 The Contract relates only to the Products that we list in the Order Confirmation Email. We are not obliged to dispatch any of the Products listed in your Order until we have sent you the Order Confirmation Email in respect of those Products. 

  

4.14 You must provide us with accurate and not misleading information on our Website. You must also inform us of any changes to your details. 

1. DELIVERY

  

5.1 We will deliver the Products to the delivery address stated on your Order. 

  

5.2 We cannot guarantee an exact delivery date either at the time of placing your Order or in the Order Confirmation Email. The delivery time is usually between 3 and 5 working days from the date we accept the Order, but we cannot give a fixed delivery date. 

  

5.3 To the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages or charges arising from such delay. 

  

5.4 Upon delivery of the Order, the signature of the recipient may be required. Please check the Product for obvious faults, defects or damage before signing and retain the delivery slip for future reference. 

  

5.5 We deliver throughout Spain and to the following countries in Europe: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Scotland, Slovakia, Slovenia, Spain, Sweden, United Kingdom and United States of America. 

  

5.6 You assume the risks relating to the Products in the Order from the time of delivery, except in the event of delay in delivery due to breach of your obligations. In this case, you shall bear the risks at the time at which delivery would have taken place had it not been for such default. After the assumption of risk, we shall not be liable for the loss or destruction of the Products. 

  

5.7 Make sure that you do not damage the contents of the package when you open it, especially if you use sharp instruments. 

  

5.8 You must ensure that you are able to receive the Order, without undue delay and within a reasonable time. 

  

5.9 If you are not available to receive the Order, you will be contacted by the carrier with instructions for reshipment. 

  

5.10 It is your responsibility to ensure that the Products are sufficient and suitable to meet your requirements. For our part, we ensure that the Products distributed conform to the characteristics specified by the manufacturer but we cannot guarantee that they will meet your individual requirements. You are aware that the Products are of standard manufacture and are not tailor-made to meet your individual needs. 

  

1. NON-AVAILABILITY OF THE PRODUCT

  

6.1 If the Product is unavailable for any reason whatsoever and the Order Confirmation has already been issued, we will contact you immediately with a view to offering you a similar Product or terminating the Contract. 

  

6.2 In the event of cancellation of the Order or if the Products are sold out, we will refund you the amount paid by the same method of payment with which we received it. 

  

RIGHT OF WITHDRAWAL 

  

- RIGHT OF WITHDRAWAL 

  

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days after the day on which you or a third party indicated by you, other than the carrier, acquires physical possession of the last of these goods. 

After this period, the customer shall be entitled to claim up to double the amount due. 

To exercise the right of withdrawal, you must notify us (to GRUPO YORGA. C/Charles Robert Darwin, 34-36, 46980, Paterna (Valencia). Tlf: (+34) 963 49 10 33) your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post, fax or e-mail). You may use the model withdrawal form below, although its use is not compulsory. In order to meet the withdrawal period, it is sufficient that the communication concerning your exercise of the right of withdrawal is sent before the withdrawal period expires. 

 

- CONSEQUENCES OF WITHDRAWAL 

  

In case of withdrawal by you, we will reimburse the payments made by you, including delivery costs, without undue delay and in any case not later than 14 days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to effect such reimbursement using the same means of payment used by you for the initial transaction. You will not incur any fees as a result of the refund. 

You have the option to electronically complete and submit the model withdrawal form or any other unequivocal statement through our website (www.coolway.com). If you make use of this option, we will inform you without delay on a durable medium (e.g. by e-mail) of the receipt of such withdrawal. 

We may withhold reimbursement until we have received the goods, or until you provide proof of return of the goods, whichever condition is met first. 

You must return or deliver the goods to Grupo Yorga, C/Charles Robert Darwin 34-36, 46980 Paterna (Valencia) without undue delay and, in any event, no later than 14 days from the date on which you communicate your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before the end of the 14-day period. 

You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 

Model withdrawal form (you only have to fill in and send this form if you wish to withdraw from the contract) 

- To the attention of Grupo Yorga, C/Charles Robert Darwin, 34-36, 46980, Paterna (Valencia). Tlf: (+34) 963 49 10 33 

- I/we hereby inform you (*) that I/we withdraw from my/our (*) contract of sale of the following good/provision of the following service (*) 

- Ordered on/received on (*) 

- Name of consumer(s) 

- Address of the consumer(s) 

- Date of 

  

- WITHDRAWAL EXCEPTIONS 

  

We will not proceed to refund if the order does not meet the following requirements: 

1. The product must be unused.
2. In the case of a complement, no refunds will be made for reasons of hygiene.
3. For the return of the bags it is essential that the security seal has not been tampered with.
4. It must be returned in the same conditions in which it was sent. If the original packaging is not available, it must be replaced by one of similar size and capacity.
5. It must be delivered to our headquarters within 15 days.
6. The cost of the shipment must always be paid by the customer.
7. The return will always be made in the same method of payment.
8. We do not accept in any case shipments to postage due.

 

1. DEFECTIVE PRODUCTS

  

8.1 We warrant that: 

(a) The Product will be delivered in perfect condition and in the quantity ordered. 

1. B) The Product will be delivered in perfect condition and in the quantity ordered.

  

8.2 You must take into account the instructions most recently established by the manufacturer or those indicated on the Product itself. It is your responsibility to follow such instructions strictly. 

  

8.3 Prior to shipment, we may make minor adjustments to the color, material, weight, measurements, design and other characteristics of the Product, to the extent reasonable. 

  

8.4 We make every effort to deliver the Products in an optimal condition. However, if you receive a Product that you believe to be defective, you must keep it in its current condition for us (or our agent) to check it within a reasonable period of time. In case of a defective product, the seller shall proceed, as appropriate, to the repair, replacement, price reduction or termination of the contract, which shall be free of charge for the consumer and user. The seller is liable for any lack of conformity that becomes apparent within two years from delivery, being from the sixth month the customer who must prove that the defect of the footwear is manufacturing and not use (Art.123.2 General Law Consumers and Users). The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. This clause will be applied taking into account the nature of the marketed good. 

 

8.5 In order to be able to provide you with remedies in respect of the defective Product, we may need your cooperation and may ask you to promptly provide us with the following information regarding the Product: Reasonably detailed explanation of the defects or damage to the Product including photographs of the Product. 

1. a) The Product will be delivered in perfect condition and in the quantity ordered.
2. b) Delivery note number and other information that may be reasonably useful to us.

  

8.6 If, under the Contract, you wish us to repair or replace the Product or refund the amount paid, you must ensure that the Product: 

(a) Has not been misused or neglected, has not been mishandled or mishandled in an improper or reckless manner and has not been subjected to abnormal or harmful conditions. 

1. b) Has not been involved in any accident or been damaged in any attempt to repair or modify it.
2. c) Has not been used in a manner contrary to the manufacturer's instructions for the Product.
3. d) It has not deteriorated due to natural wear and tear after receipt. In the event that the Product does not meet any of the above requirements, we may decide, at our discretion, not to repair or replace the Product or to refund the amount paid and/or we may ask you to reimburse the full costs of transport and servicing incurred at the current standard rates. In order to carry out such reimbursement, we may charge the above costs to your credit or debit card account or use the payment details provided when placing the Order. To the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages or expenses that may result from the process. 8.6 If, under the Contract, you wish us to repair or replace the Product or refund the amount paid, you must ensure that the Product:

(a) Has not been misused or neglected, has not been mishandled or mishandled in an improper or reckless manner and has not been subjected to abnormal or harmful conditions. 

1. b) Has not been involved in any accident or been damaged in any attempt to repair or modify it.
2. c) Has not been used in a manner contrary to the manufacturer's instructions for the Product.
3. d) It has not deteriorated due to natural wear and tear after receipt. In the event that the Product does not meet any of the above requirements, we may decide, at our discretion, not to repair or replace the Product or to refund the amount paid and/or we may ask you to reimburse the full costs of transport and servicing incurred at the current standard rates. In order to carry out such reimbursement, we may charge the above costs to your credit or debit card account or use the payment details provided when placing the Order. To the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages or expenses that may result from the process.

  

1. DISCOUNT COUPONS

  

9.1 You may use discount coupons as a form of payment for your Orders on the Website. 

  

9.2 We may send you emails containing discount coupons. We are not responsible for any errors in the email address of the recipient of the coupon. 

  

9.3 The discount coupons are transferable and you may assign their use and your rights to another person. 

  

9.4 In case of fraud, attempted deception or suspicion of possible illegal activities related to the redemption of coupons on the Website, we have the right to close your account and/or ask you to use another form of payment. 

  

9.5 We are not responsible for the loss, theft or illegibility of discount coupons. 

 

9.6 Condiciones para canjear cupones de descuento 

1. a) De vez en cuando emitimos cupones de descuento que puede utilizar en la Web. Se los enviaremos por correo electrónico y sólo podrá canjearlos en la Web.
2. b) Los cupones de descuento sólo son válidos durante el periodo indicado en los mismos, son de un solo uso y no pueden utilizarse junto con otros cupones promocionales. Pueden no ser aplicables a determinadas marcas."

  

  

  

1. RESPONSABILIDAD LIMITADA

  

10.1 Esta cláusula 10 prevalece sobre todas las demás cláusulas y describe toda nuestra Responsabilidad y sus únicos y exclusivos recursos con respecto a: 

(a) El cumplimiento, incumplimiento, presunto incumplimiento o retraso en el cumplimiento de estos Términos y Condiciones o del Acuerdo o del Sitio Web (ya sea en su totalidad o en parte). 

1. b) Cualquier aspecto de estos Términos y Condiciones o la entrada en vigor o el cumplimiento de estos Términos y Condiciones.

  

10.2 Nada de lo dispuesto en las presentes Condiciones limitará o excluirá: 

(a) Nuestra Responsabilidad con respecto a (i) fraude o negligencia grave; (ii) muerte o daños personales causados por nuestro incumplimiento de obligaciones; (iii) cualquier incumplimiento de obligaciones en virtud de la Ley 7/1196, Real Decreto 1906/1999, Real Decreto Legislativo 1/2007; o (iv) cualquier Responsabilidad que no pueda ser limitada o excluida de la legislación aplicable. 

1. b) Sus derechos legales como consumidor.

  

10.3 En el cumplimiento de nuestras obligaciones en virtud de las presentes Condiciones Generales, nuestro único deber es actuar con diligencia y destreza razonables. 

 

10.4 COOLWAY makes every effort to avoid any errors in the content that may appear on this site. In order to purchase the products offered on the ulanka website, the user must accept the relevant terms and conditions. The information, content and data of any kind on the pages of this website or its promotional campaigns are reviewed prior to publication. However, it is not possible to guarantee that they are absolutely free of typos, typographical errors, typesetting defects and equivalent problems, and ulanka therefore recommends that users be aware of any updates or corrections that the website may incorporate. 

  

10.5 Except in the cases referred to in clause 10.2, we do not accept and hereby exclude any Liability for breach of obligations other than Liabilities arising under these Terms and Conditions. 

  

10.6 Except as provided in clause 10.2, we shall not be liable for: 

(a) Loss of income 

1. b) Loss of actual or anticipated profits
2. c) Loss of contracts
3. d) Loss of use of money
4. e) Loss of anticipated savings
5. f) Loss of business
6. g) Loss of operating time
7. h) Loss of opportunities
8. i) Loss of customers
9. j) Loss of reputation
10. k) Loss of, damage to or corruption of data
11. l) Any indirect or consequential loss.

  

The exclusion of such Liabilities includes both cases where they are foreseeable, known or foreseen and cases where they are not. For the avoidance of doubt, clauses 10.6(a) to 10.6 (1) apply in the case of direct, indirect, consequential or any other loss. 10.7 Except as provided in clause 10.2: 

(a) Our total Liability in respect of any Contract shall not exceed, in the aggregate and under any circumstances, the total amount of: i) EUR 100; or ii) 110% of the value of the Contract corresponding to the action arising. 

  

10.8 The limitation of Liability set out in clause 10.7 has effect both in relation to any Liability expressly referred to in these Terms and Conditions and in relation to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions. 

 

10.9 In these Terms and Conditions: 

(a) "Liability" means liabilities in respect of breach of the Contract or obligations, misrepresentations and restitution or any action of any nature whatsoever arising out of or in connection with these Terms and Conditions. Such liabilities include, without limitation, those expressly set out in these Terms and Conditions or arising by reason of the invalidity or unenforceability of any of the terms of these Terms and Conditions (subject to this definition, any reference to "these Terms and Conditions" shall include any collateral Contract). 

(b) "Breach of Duty" means a breach of (i) any obligation, express or implied by the terms of a Contract, relating to reasonable care or skill in the performance of the Contract or (ii) any common law obligation relating to reasonable care or skill in the performance of the Contract. 

  

1. WARRANTY AND CLAIMS HANDLING

  

11.1 We will perform the obligations set out in these Terms and Conditions with reasonable care and skill. 

  

11.2 The satisfaction of our customers is of the utmost importance, so you can contact us at any time. The user may contact us via email: otros@grupoyorga.com where we will resolve any disputes that occur. Our contact details are listed in clause 1.1 of these Terms and Conditions. We will try to redirect your queries in a reasonably prompt manner and will inform you of any developments regarding your query or complaint. Warranty issues are often directly linked to the manufacturer and may require a longer consultation time. 

  

Furthermore, COOLWAY accepts that online disputes are resolved through the ODR Platform created by the European Commission to help consumers resolve disputes relating to online product purchases. 

 

11.3 In the event of a complaint, it would be helpful if you could provide us with as precise a description as possible of the reason for your complaint and, if any, a copy of your Order or the Order number given in the Confirmation Email. If you do not receive a reply within 5 working days, please contact us again. On certain occasions, it may happen that your e-mails are automatically redirected to our spam mailbox or that you do not receive our e-mails for the same reason. 

  

11.4 To claim and enforce the legal warranty, the customer can contact COOLWAY within a maximum period of 2 years from the purchase, by sending an email to the following address: patricia@grupoyorga.com 

  

1. DATA PROTECTION

  

See the section "Privacy Policy". 

  

1. FORCE MAJEURE CAUSES

  

1. 1 We shall not be liable for any failure, impediment or delay in the performance of a Contract attributable to any force majeure cause, including without limitation any natural catastrophe, actions of third parties (including but not limited to hackers, distributors, local, supranational and quasi-governmental governments and authorities), insurrections, riots, civil commotion, wars, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, arrests by competent authorities, strikes, lockouts, epidemics, fires, explosions, storms, floods, drought, weather conditions, earthquakes, natural disasters, accidents, mechanical breakdowns, third party software, non-existence or problems with the supply of utilities (including power, telecommunications or internet supply), shortages or non-existence of supplies, materials, equipment or transport ("Force Majeure"), regardless of the foreseeability of such circumstances.

  

13.2 Both parties may terminate the Agreement immediately, by written notice, if the force majeure events do not cease within 2 working days. In such a case, neither party shall be liable for the termination (except for the refund of the amount of a Product paid for but not delivered). 

  

13.3 In the event that we have undertaken to deliver 2 Orders containing similar or identical Products and if we are unable to fulfil both obligations due to force majeure, we will decide, at our discretion, which deliveries we will make and to what extent. 

 

1. NON-PAYMENT OR DISSOLUTION OF THE COMPANY

  

14.1 In the event that you breach any of your obligations under a Contract, we may terminate such Contract immediately by notice in writing and withhold any amount in respect of the Order which you have paid in advance. In such event, you shall indemnify us for any damages, losses, liabilities and expenses of any nature whatsoever resulting from the termination of the Contract and pay any outstanding amounts immediately. 

  

14.2 Termination of the Contract shall be without prejudice to the accrued rights or remedies of either party and shall not affect the entry into or continuance in force of any provision which is expressly or impliedly intended to enter into or remain in force after termination. 

  

1. NOTICES

  

15.1 Any notice relating to a Contract shall be in writing and shall be delivered physically, by registered post, carriage prepaid or by e-mail to the relevant party, whose postal or e-mail address shall have been provided to it by that party. 

  

15.2 Notices to be sent by post must have been notified 2 working days prior to dispatch, provided that the sender's address is within Spanish territory. Notifications sent by e-mail must have been notified after receipt of said e-mail on the e-mail server of the addressee. In order to verify the issuance of such notification, it shall be sufficient to prove that it has been sent to the correct address and, as the case may be, that it has been sent by registered mail or carriage paid. 

 

1. GENERAL

  

16.1 We will keep a record of your Orders and these Terms and Conditions for a maximum period of six years from the acceptance of each Order. However, for future reference, we recommend that you print and keep a copy of these Terms and Conditions, your Orders, Acknowledgement of Receipt and Order Confirmation Email. 

  

16.2 No delay by either party in exercising any right under these Terms and Conditions or any contract shall affect or represent a waiver of any such right or any other right. Nor shall it prejudice any rights or remedies in respect of such right or modify or reduce any rights provided by these Terms and Conditions or by contract. 

  

16.3 If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the remaining provisions, in whole or in part, which shall remain in full force and effect so long as these Terms and Conditions or the Agreement remain in effect without the unenforceable provision. 

  

16.4 You shall not assign, transfer, transfer, substitute, entrust, subcontract, create a trust, rely on or use these Terms and Conditions or an Agreement or the rights and obligations under these Terms and Conditions or an Agreement. 

  

16.5 Nothing in these Terms and Conditions or an Agreement shall or may give rise to a partnership, agency or employer and employee type relationship between you and us. 

  

16.6 No third party not involved in these Terms and Conditions or the Contract shall acquire any rights or benefit from any such rights even if such third party has relied on or agreed to these Terms and Conditions or the Contract.