Purchasing Conditions

1. Introduction

The present document contains the Conditions that regulate the use of this website and the contract by which we are bound – You and Us – (hereinafter the “Conditions”) . These Conditions establish the rights and responsibilities of all the users (hereinafter “You”/”your”) and MadeInCanaryIslands.com (hereinafter “us”/”our”/”the seller”) regarding the products we offer through our website. Please read carefully the present Conditions and our Privacy Statement before clicking on “Authorize Payment” to carry out your purchase. The use of this website or any purchase you may carry out through it constitutes your agreement to be bound to all the Conditions and to the Privacy Statement, therefore, if you do not agree with all the Conditions and the Privacy Statement, do not make any purchase.

These Conditions may be changed, so you must read them before carrying out each purchase.

If you have any questions regarding the Purchasing Conditions or the Privacy Statement you may consult our webpage or contact us through our Contact Form. Up2Dreams Servicios Web S.L., which operates under the denomination MadreInCanaryIslands.com, is a limited company with Social Identification number B76060227.

You accept that:

  1. Only you can use the website to carry out any queries or purchases legally valid.
  2. You cannot carry out any purchase that is speculative, fake or fraudulent. If we have reasonable motives to consider that a purchase of this kind has been made we will be authorized to cancel it and inform the relevant authorities.
  3. It also binds you to give us, in a true and correct manner, your email address, your postal address and/or any other contact data, and you agree that we may make use of this information to contact You if necessary (see our Privacy Statement).
  4. If you don’t give us the information we need, we won’t be able to process your order.

By carrying out a purchase in this website, You assure us that you are over 18 years old and that you have legal capacity to sign binding contracts.

3. How to formalize a Contract

The present information and details contained in this website does not constitute a selling offer, just an invitation to do business. There won’t be a contract between you and us regarding any product until your purchase has been agreed expressly by us. If your offer is not accepted and you had already been charged to your account, the exact amount will be fully reimbursed.

To carry out a purchase, you must follow the proceeding of online purchase and click on “Authorize Payment”. After this, you will receive an order confirmation in your e-mail (the “Order Confirmation”). Take into account that this does not mean your order has been accepted, as it constitutes an offer that You make to us to purchase one or more of our products. All orders are subject of acceptance and we will confirm that acceptance by sending an e-mail where we confirm that the product is being delivered (the “Delivery Confirmation”). The contract for the purchase of a product with us (Contract) will be formalized exclusively when we send the Delivery Confirmation.

The contract shall contain exclusively those products related in the Delivery Confirmation. We won’t be obliged to supply You with any other product that may have been subject of purchase until we confirm the delivery in a separate Confirmation of Delivery.

4. Product Availability

All the product orders are subject to their availability, if any difficulties to their supply may produce itself, or if there aren’t any goods in stock, we reserve the right to provide you with information regarding the substitute products of quality, of equal or superior value, that You may order. If you don’t wish to make and order with the substitute products we will reimburse any amount You may have already paid.

5. Refusal to process an order

We reserve the right to remove any Product of the website at any moment and/or to remove or modify any material or content in it. Although we will do our best to always process all of our orders, there may be exceptional circumstances that make us refuse the processing of an order after the Delivery Confirmation has been sent, and we reserve the right to do so at any time, in our sole discretion.

We won’t be responsible before you or before a third party for removing any product from our website, regardless of the fact that the product has been sold or not, removing or modifying any material or content in the website, or for refusing to process and order once we have sent the Confirmation of Delivery.

6. Right to withdraw the purchase

If You are contracting as a consumer, you will be able to withdraw from the Contract at any moment in a 7 day period since the Confirmation of Delivery has been sent. In this case, you will reimbursed the paid price for those products in accordance with the Returns Policy (see Clause 13).

Your right to withdraw from the Contract will be applied exclusively to those products that are returned in the same conditions as they were delivered. You must include, too, all the instructions, documents and packaging of the products. There won’t be any reimbursement if the product has been used or has suffered any damage, so you must be careful with the product/s while you have them in your possession.

Please, treat with reasonable care the products while they are in your possession and keep, if possible, the boxes and original packaging in case they are returned.

You will find more details on this right recognized by law, as well as the explanation on how to exercise it in Clause 13 of the present Conditions, and a summary on it when you receive the Delivery Confirmation.

This regulation does not affect the Rights recognised to the consumer under the current legislation.

7. Delivery

Without prejudice to the previous Clause 5 and unless any exceptional circumstances may occur, we will try to deliver the order of the product/s related in the Confirmation of Delivery before the delivery date that appears in the Confirmation of Delivery or, if no date is specified, in a 15 day period following the date of the Delivery Confirmation.

The delay may be due to the following reasons:

  1. Customization of the product;
  2. Specialized items;
  3. Unforeseen circumstances; or
  4. Delivery area.

If for any reason we are not able to meet our deadline, we will inform you of the situation and will give you the option to continue with the purchase establishing a new date or to cancel the purchase obtaining full reimbursement of the paid price.

Take into account that in any case we do not deliver on Saturdays or Sundays. For the purpose of these Conditions, it is to be understood that the “delivery” has been carried out or that the product/s have been “delivered” at the moment of signing the receipt in the agreed address.

8. Impossibility of delivery

If we find it impossible, after two attempts, to deliver, we will try to find a safe place to leave the package. We will leave a note explaining where you can find it and how you can collect it. If you are not going to be in the place of delivery at the agreed time, we kindly ask you to contact us to schedule a new appointment.

9. Prices and payment

The product’s price will be that assigned at each moment in the website, except for the event of manifest error. Regardless of the fact that we will try to assure that all our prices that appear in the website are correct, errors may occur. If we discover an error in the price of the product you have ordered, we will inform you as soon as possible and will give the option to reconfirm the order at the correct price or cancel it. If we cannot reach you, the order will be considered as cancelled and you will be fully reimbursed the paid amount.

We will not be obliged to supply the product/s to the incorrect inferior price (even if we have already sent the Delivery Confirmation) if the error in the price is obvious and unequivocal and could have been recognised in a reasonable way by You as an incorrect price.

The prices in the webpage include VAT but exclude the postage expenses that will be added to the total amount due as it is explained in our Buying Guide: Shipping.

The prices may be changed at any moment, but (except for in the previously established) the possible changes will not affect the orders to whom we have already sent the Delivery Confirmation.

Once you have made your purchases, all the items you wish to buy will be added to your Cart and the next step will be to process the order and make the payment. To do so:

  1. Click on the button “My Cart” at the top of the page.
  2. Click on “Checkout Now” .
  3. Fill in or check Contact Information, the data of your order and the address where you want the bill to be sent.
  4. Introduce the payment method choosed and in case the method is by Credit Card, introduce the information of your credit card.
  5. Click on “Authorize Payment”.

If your choosed method is by Credit Card, you could make the payment with Visa, MasterCard, American Express, Affinity Card and PayPal. The charge in your card will be made when your order leaves the warehouse. By clicking on “Authorize Payment” You are assuring the Credit Card is yours. The Credit Cards are submitted to verification and authorization by their issuing entity, but if such entity does not authorize the payment, we won’t be responsible for any delay or lack of delivery and we won’t be able to formalize any Contract with You.

If your choosed method is by Bank Transfer or deposit in the account of Madeincanaryinslands, your order will be pending until we have good-knowledge of the deposit in the account. The transfer or deposit must be effective before 3 days from the date of the ordering.

10. Liability and exemption of liability

Our responsibility regarding any Product purchased in our website is strictly limited to the purchasing price of such Product.

Nothing in the present Purchasing Condition excludes or limits in any way our responsibility:

  1. In the event of death or personal injury due to our negligence;
  2. In the event of fraud or fraudulent falseness; or
  3. In any matter in which it were illegal or illicit that we exclude or limit, or try to exclude or limit, our responsibility.

Regardless of the previous paragraph, inasmuch as the law allows it, unless otherwise is stated in the present Purchasing Conditions, we will not accept any responsibility for the indirect damage that may occur as a secondary effect in losses or primary damage that occur in any way, and if they occurred due to civil illicit (including negligence), breach of contract or any other, even if they may have been foreseen, including, but not limited to, the following:

  1. Income or sales losses;
  2. Business losses;
  3. Expectation damages or contract loss;
  4. Foreseen savings loss;
  5. Data loss; and
  6. Loss of management time or office hours.

Due to the open nature of our website and the possibility that errors may occur in the storage and transmission of the digital information, we cannot guarantee the precision and security of the transmitted or obtained information in the webpage unless otherwise is expressed in it.

All product descriptions, information and materials that appear in the webpage are supplied “in the state in which they are” and without guarantee, express, implicit or in any other way.

As far as it is allowed by the law, we exclude all the guarantees saving those that cannot be legally excluded before the consumers.

This Clause will not affect your Rights recognised by the law as a consumer, nor your right to cancel the Contract.

11. Intellectual Property

You admit and agree that all copyright, trade mark and other intellectual properties’ rights over the materials or contents provided as part of the webpage belong to us at all moments or to whom granted us licence for its use. You may make use of such material exclusively in the way we, or those who granted us license, authorize you to. This won’t stop you from using the webpage in the necessary to copy the information of your order or Contact data.

12. Written Communication

Current legislation demands that part of the information or communication is sent in writing. By using this website, You accept that most of the communication between us is going to be electronically. We will contact You through electronic mail or providing the information by posting Warnings on the webpage. To contractual effects, You agree to use this electronic mean of communication and recognize that all contract, notification, information and other communication we send to you electronically meet the legal requirements as to being in writing.

This condition will not affect your Rights recognized by law.

13. Notifications

The notifications You may send to us must be preferably through our Contact Form. According to Clause 16, and unless agreed otherwise, we will be able to send communications either to your email or to the postage address provided when You were processing the order.

We will understand that notifications have been received and have been correctly made at the same moment in which they are posted in our website, 24 hours after being sent the email, or three days after the postage date. To prove that the notification has been made, it will be enough with proving, in the case of a letter, that the address was correct, was correctly sealed and was duly delivered in the Post Office or in the mailbox and, in the case of e-mail, that it was sent to the e-mail address provided by the receptor.

14. Events that lie outside our reasonable control

We won’t be responsible for any breach or delay in the compliance of any of the obligations we assume under the Contract, when the cause is due to events that lie out of our reasonable control (“Force Majeure Circumstances”).

The Force Majeure Circumstances included in any act, event, lack of exercise, omission or accident that lies outside our reasonable control are specially (without limitation), the following:

  1. Strikes, lockouts and other actions due to labour dispute.
  2. Act or circumstance of terrorism, riot, civil commotion, war (declared or not) or imminent threat of war.
  3. Fire, explosion, storm, flooding, earthquake, sinking, epidemic or any other natural disaster.
  4. Impossibility of using trains, boats, airplanes, motor transport or any other means of transport, public or private.
  5. Impossibility to use public or private telecommunication systems.
  6. Acts, decrees, legislation, regulations or restriction of other governments.
  7. Strikes, failures or accident in the sea or river transport, postal transport or any other kind of transport.

It will be understood that our obligation of compliance according to the Contract will be suspended during the period during which the Force Majeure Circumstance continues, and will be provided with an extension in the deadline to comply with our obligation for as long that period lasts. We will put in use all reasonable means to end the Force Majeure Circumstance or to find a solution by which we can comply with our obligations arising from the Contract regardless of the Force Majeure Circumstance.

15. Renunciation of Rights

If during the validity of the Contract we stopped insisting in the strict compliance of any of the obligations arising from the Contract or any of the present Conditions, or if we stopped exercising any of our rights or resources that we are entitled to exercise or appeal according to our Contract or these Conditions, such fact will not constitute a renunciation to those rights or resources nor will it exonerate You from complying with such obligations.

The renunciations that we may make of demanding the compliance will not constitute a renunciation on our part of demanding future compliances.

No renunciation on our part on any of the following Conditions will take effect, unless it is otherwise stated expressly that it is a renunciation and is notified to You in writing in accordance with the previous Notification paragraph.

16. Severability

If any of the present Conditions or any provision of the Contract were considered invalid, illegal or unenforceable in any way by the competent authority, they will be separated from the remaining conditions and provision that will still be valid inasmuch as the law allows it.

17. Complete Agreement

The present Conditions and all documents to which it may refer expressly constitute a complete agreement existing between You and us given the subject-matter of the Contract and substitute any other pact, agreement or promise previously agreed between You and us verbally or in writing.

You and us recognize having accepted to celebrate the present Contract without trusting any statement or promise made by the other party or that may be assumed from any statement or writing in the negotiations between the two of us before this Contract, unless it is expressly mentioned in the present Conditions.

Neither you nor us will be provided with the necessary resources before any false statement made by the other party, verbally or in writing, before the Date of Contract (unless that false statement was made in a fraudulent manner) and the only resource that will be provided to the other party is the noncompliance of the contract according to the present Conditions.

18. Our right to modify these conditions

We have the right to revise and modify the present Conditions at any time. You will be submitted to the politics and Conditions valid at the time in which you carried out your order, unless that by law or governmental decision, we must change the politics, Conditions or Privacy Statement, in which case, the possible changes may affect too the orders You had previously carried out.

19. Governing law and jurisdiction

The product purchasing contracts through our website shall be governed by the Spanish law.

20. Comments and suggestions

Your comments and suggestions will be well-received. Please send the comments and suggestions through our Contact Form.