Terms & Conditions
Products & Services
Orders & User Accounts
Prices & Billing
Warranties & Responsibilities
Communications & Comments
External Links & Computer Attacks
Intellectual Property & Other Rights
1. Scope of application
These Terms and Conditions (hereinafter, the “Terms”) govern access and use of this web page accessible through the domain https://chromatica.es/ (hereinafter, the “Website”) and the purchase of products and services in it.
By accepting these Terms, the User declares:
- That you have read, understand and accept what is stated here.
- That, in case you are about to contract a service or purchase, you have sufficient capacity for it.
- That, in case of acting on behalf of a legal person, you have sufficient and effective power of representation.
- That, in case of entering data of third parties, you have the necessary authorizations for the treatment of said data.
- That you are over 18 years old and have legal capacity to enter into contracts.
2. General website information
The sale of items through the Website is carried out under the name Chromatica Home, owned by Carlos Pérez López (hereinafter, “Chromatica Home”), with address at Paseo de la Chopera 85, 1D, 28100 Alcobendas, Madrid, with telephone 601422756, email firstname.lastname@example.org, and duly registered in the Special Regime for Self-Employed Workers (RETA).
3. User data and access to the website
Access to the Website is free except for the cost of the connection through the telecommunications network provider contracted by the User.
4. Use of our website
By using the Website and/or placing orders through it, the User agrees to:
- Make use of the Website exclusively to make legitimate enquiries or orders.
- Not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.
In any case, the User, in compliance with the provisions of these Terms, commits to maintaining a conduct that is in accordance with the law, good practices, adequate and correct. Any use that the User makes and that may have legal consequences that affect the rights and freedoms of third parties, other than the User, will be the person responsible for them and must exempt Chromatica Home from any type of responsibility.
PRODUCTS & SERVICES
5. Main characteristics of goods and services
The main characteristics of the products offered through the Website can be found in each of the product’s item description and details throughout the Website.
6. Customized Products
This Website offers the possibility of personalizing some of its products by means of selecting specific measurements or the inclusion of texts and characters selected by the User.
The User must take into account that, due to technical or other reasons beyond our control, the actual colors, textures and sizes (except when the size is precisely the object of personalization) may vary from those shown in the computer screen. Likewise, the User must take into account that personalized products cannot be returned or exchanged.
The User guarantees that he is authorized to use the texts and the rest of the elements that are part of the personalization of the products. Although we reserve the right to reject your personalization or to cancel orders for personalized products due to breach of these Terms, the User will be solely responsible for the personalization requested.
We may reject your personalization or cancel orders for personalized products in the event that we detect the personalization consists of, or includes, inappropriate elements, property of third parties or in any other illegal way. We do not assume obligation to verify, nor do we assume responsibility for, the texts or other elements that are part of the customization. We do not guarantee the legality of said texts, or other elements, and, consequently, we do not assume any responsibility for the damages and / or losses that may arise for any user (s) and / or any other third parties – whether they are individuals or entities public or private – derived directly or indirectly from the personalization of products or that have any type of direct or indirect relationship with said personalization and products.
7. Information and typographical errors
In some cases, the information on our Website may have typographical errors, inaccurate data, or omissions related to product descriptions, prices, shipping costs, and availability. Chromatica Home reserves the right to correct any error, inaccuracy or omission, and to change or update the information at any time without prior notice.
8. Clearance Products
Prices are final on all our clearance products, no additional discounts or promotions apply. Prices are subject to change without notice.
During the clearance period, no exchange or refund is allowed on any product. No warranty of any kind is applied for any damage to the product or any color variation from the photograph and the actual product.
No product passes through the Chromatica Home workshop.
Custom-made and personalized products are excluded from this offer.
ORDERS AND USER ACCOUNTS
9. Purchase procedure
The language in which you can formalize the contract is Spanish and English.
The procedure to buy products through the Website is as follows:
- From the desired product page, the User will find all the information related to it.
- Having consulted the product information, the User can start the purchase process. To do this, quantities and other specifics must be selected (if enabled for such a product), followed by clicking on “ADD TO BASKET”.
- At this time the User will have the option to “VIEW BASKET” where a summary of the products selected will appear. A coupon code can also be entered at this time and in order to continue to the next step, “PROCEED TO CHECKOUT” must be clicked.
- The User will be able to access their cart to see their order in the event that they decide to continue selecting more products. At that time the User can update the cart, add more quantities or delete them; after that, the User can return to the previous step and finish the processing of the order.
- At this time the User will be transferred to the external Paypal payment gateway where the corresponding account details must be entered in order to process the payment. Chromatica Home does not keep any data related to the User’s card number or the Paypal account, all being carried out at the same payment gateway provider.
- Finally, the User can confirm the processing of the order. An email will be sent to the User acknowledging receipt of the order (the “Order Confirmation”). When order has been dispatched, another email will be sent to the User (the “Shipping Confirmation”). An electronic ticket with the order details will also be attached to the Shipping Confirmation (the “Order Receipt”).
The order is firm, for the buyer, from the moment it is confirmed. For Chromatica Home, from the validation and confirmation of the payment.
The User is responsible at all times for the custody of the account password, assuming consequently any damages that may arise from its misuse, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and / or use of the services and contents of the Website made under the User’s password will be deemed to have been made by the User.
11. Correction of errors in the input of user data
When the User forgets to correctly fill in any data indicated as mandatory in the corresponding form, advancement to the next step will not be possible until all required data has been completely filled out. A message on the screen will warn the User of this circumstance.
By accessing the ‘My Account’ section, the User may modify and / or update at any time the data provided when registering as a user of the Website. The User can also modify and / or update at any time the data provided during the purchase process, before its completion.
If an error is detected after completion of the payment process, the User must contact us immediately through the contact form or at the email address in section 2, to correct the error.
12. Buying items as a guest
The functionality of buying items as a guest is also available on the Website. For this type of purchase, the User will only be asked for the essential data to process their order. While in the ‘Billing Details’ page, the User will be offered the possibility of creating an account or continuing as an unregistered user.
PRICES AND BILLING
13. Price of the products
The prices on the website include Value Added Tax (VAT) but exclude shipping costs, shipping insurance or any other additional services. They are expressed by default in Euro (€) currency. Such expenses, insurance, services and additional services will be detailed before finalizing the purchase, will require the User’s consent and will be added to the total amount.
Prices may change at any time, but possible changes will not affect orders that have already been confirmed via the “Order Confirmation”.
14. Shipping costs
Shipping costs depend on the type of product and destination. We will inform you of these costs in the purchase process before finalizing the order.
The shipping cost is for a home delivery as long as the means of access to it are optimal. If the use of a crane or any means of access is necessary, the User will be responsible for the extra costs involved.
15. Value Added Tax
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that which is legally in force at any given time depending on the specific article in question.
In orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations. in each of these territories.
The User expressly authorizes Chromatica Home to issue the invoice electronically. However, the User can indicate at any time the willingness to receive a paper invoice, in which case, we will issue and send the invoice in this format. The invoice addressed to the User will use the data entered in the User’s customer account. The User can modify this data at any time.
If the User has made the purchase as a guest and wants to receive a copy of the invoice on paper, they must contact us through the contact form or at the email address in section 2 and we will send it to the address specified.
17. Product availability
All product orders are subject to their availability and in this regard, in the event of supply difficulties or because items are no longer in stock, Chromatica Home reserves the right to inform about substitute items of an equal or higher quality and value which the User can order. In the event that the User rejects the offer to replace the product, Chromatica Home will reimburse the amounts that may have been paid.
18. Order Delivery
The shipping time varies depending on the product, but approximately the home accessories have an estimated processing time of 3 to 7 working days and the lighting products have an estimated processing time of 5 to 20 working days. On dates marked as sales, Christmas and other promotions, the estimated processing time may be modified.
We work with transport agencies outside Chromatica Home, we do not have our own transport. The estimated times mentioned above do not include transit times as they may vary depending on the transport agency contracted for the shipment.
Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product/s related in each Shipping Confirmation, in the period indicated above, according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
If for any reason we are unable to meet the shipping date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new shipping date or to cancel the order with a full refund of the price paid. Please note, in any case, that we do not make deliveries on Saturdays or Sundays.
For the purposes of these Terms, it will be understood that the “delivery” has occurred or that the order has been “delivered” at the moment in which the User or a third party indicated by the User, acquires material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address. However, in case the User is in charge of selecting the transporting method or the chosen carrier is not among those proposed by Chromatica Home, the risk will be transmitted to the User at the time Chromatica Home delivers the goods to the carrier.
In the event that the shipment is to a destination outside the EU, the User is responsible for any customs and import duties.
19. Unable to deliver
If we are unable to deliver, we will try to find a safe and secure place to leave the parcel. If we cannot find a safe and secure place, the items will be returned to our warehouse. We will leave a note explaining where the parcel is and how to rearrange delivery. If the User is not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day
If after 30 days from the date the order is available for delivery, the order could not be delivered for reasons not attributable to Chromatica Home, we shall assume that the User wishes to withdraw from the contract and it will be terminated. As a result of the termination of the contract, we will refund all payments received from the User, including delivery costs (except for any additional costs resulting from the User’s choice of any delivery method other than the standard delivery method we offer) without any undue delay, and at any rate, within 14 days of the date on which the contract has been 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.
The inability to deliver the Products on the agreed date by the carriers, due to the absence of the User or information about the need to resort to specific means of delivery, may give rise to the payment of additional delivery costs and/or the cancellation of the order by Chromatica Home.
20. Transfer of risk and ownership
The risks of the products will be transferred to the User from the time of delivery. The User 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 (as defined in section 18 above), whichever is the later.
21. Right of withdrawal
21.1. Deadline for exercising the right of withdrawal
The User has the right to withdraw his purchase through the Website, within a period of 14 calendar days without justification.
The withdrawal period will expire after 14 calendar days of the day:
- In the case of a sales contract: in which the User or a third party indicated by the User, other than the carrier, acquires material possession of the goods.
- In the case of a contract for the delivery of multiple goods ordered by the User in the same order and delivered separately: in which the User or a third party indicated the User, other than the carrier, acquires material possession of the last of those goods.
- In case of delivery of a good made up of multiple components or parts: in which the User or a third party indicated the User, other than the carrier, acquires material possession of the last component or part.
21.2. Exceptions to the right of withdrawal
In accordance with the provisions of article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the User will not be able to withdraw from the following contracts:
- The supply of goods made according to the specifications of the User or clearly personalized.
- The supply of goods that may deteriorate or expire quickly.
- The supply of sealed goods that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery.
- The supply of digital content that is not provided on a physical medium when the execution has begun with the prior express consent of the User with the knowledge on their part that they consequently lose their right of withdrawal.
21.3 How to exercise the right of withdrawal
To exercise the right of withdrawal, the User must notify Chromatica Home of their decision to withdraw from the contract through an unequivocal statement by writing to us via the email or postal address listed in section 2.
The User may also use the Withdrawal Form as set out in the Appendix to these terms, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the User to let us know about the decision to withdraw from the order before the withdrawal period has expired.
21.4 Effects of the right of withdrawal
In the event of withdrawal by the User, Chromatica Home will return all payments received from the User, including the costs of our standard delivery option (except for any additional costs resulting from the User’s choice of any delivery method other than the standard delivery method we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which the User has informed us of the decision to withdraw from the contract.
Chromatica Home will proceed to make such refund using the same means of payment used by the User for the initial transaction, unless the User has expressly provided otherwise; in any case, the User will not incur any expenses as a consequence of the refund.
Chromatica Home may withhold the refund until the goods have been received, or until the User has presented proof of their return, depending on which condition is met first.
The User must send back the items to Chromatica Home at the postal address that appears in section 2, without undue delay and, in any case, no later than within 14 calendar days from the date on which the User has informed us of the decision to withdraw from the contract. The deadline will be considered fulfilled if the User returns the goods before the deadline has expired.
The User is responsible for the cost of shipping the items back to us. The User will only be liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items.
The User’s right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which the User received them. No refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered or that have suffered any damage, so the User must be careful with the product/s while in their possession. The User is requested to return the goods using or including all their original packaging, instructions and other documents that may accompany it.
22. Right of withdrawal and return of orders from abroad
If the User has placed an order through the Website from a Member State of the European Union other than Spain, clauses 21.1, 21.2, 21.3 and 21.4 above will apply.
Likewise, we are under no obligation to reimburse shipping costs to destinations outside Spanish territory.
23. Product damaged during shipping
Upon receiving the package, the User must review it thoroughly. If it has been damaged during shipping, the User must contact us immediately through the contact form or at the email address provided in section 2 where we will indicate how to proceed.
In case the package has clear signs of having been mishandled or tampered with during transportation, we ask the User to take photos of both the packaging before opening it and the damaged product, since these photos will serve as proof in the event that it is necessary to make a claim to the transport company.
The amounts paid for the products that have been damaged during transport will be reimbursed including delivery costs (except for any additional costs resulting from the User’s choice of any delivery method other than the standard delivery method we offer). The refund will be made in the same payment method used by the User for the initial transaction.
Notwithstanding the foregoing, if the User was responsible for choosing the transport company, or the transport company was not among those proposed by Chromatica Home, the User is responsible for the damages and losses that may occur from the moment in which Chromatica Home delivers the goods to the carrier, chosen by the User, without prejudice to the fact that the User can subsequently make a claim against the transport company.
24. Wrong product
In the event that we have made a mistake in sending the product, the User has 14 calendar days from the date of receipt of the order to return it to us. The User must immediately contact us through the contact form or at the email address that appears in section 2, to correct the error.
25. Defective product
If the item received is defective, the User must notify us immediately through our contact form or the email address that appears in section 2, providing: the product data, the description of the damage it suffers and photos where the damage or deterioration can be seen in detail.
We will carefully examine the photos of the product and notify the User by e-mail within a reasonable period of time if the refund or replacement is appropriate (if applicable).
The User may return the product by sending it to the postal address that appears in section 2. The refund or item replacement will be made as soon as possible and, within 14 days from the date we emailed the User notifying of the replacement or reimbursement of the defective product.
The amounts paid for the defective products confirmed as such, will be fully refunded, including the delivery costs incurred to deliver the item and the costs the User would have incurred to return it to us. The refund will be made in the same payment method used by the User for the initial transaction. These provisions do not limit any applicable statutory rights.
WARRANTIES AND RESPONSIBILITIES
26. Legal guarantee of conformity for products
The User is reminded that, in accordance with the provisions of articles 114 and following of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, all the products delivered by Chromatica Home must be in accordance with the contract concluded, responding to the User for the lack of conformity that appears within a period of two years from the delivery of the product.
The products are understood to be in accordance with the contract provided that:
- Comply with the description given by Chromatica Home and possess the qualities that we have presented on the Website.
- Are fit for the purposes for which goods of their kind are normally used.
- Show the quality and performance which are normal in goods of the same type and that can be reasonably expected.
In this sense, if any of the products is not in accordance with the contract, the user must bring it to our attention following the procedure detailed in section 25 above.
There may be differences between the products delivered and those represented on the Website or catalog, mainly with regard to handicraft products, whose manufacturing homogeneity cannot be guaranteed due to the use of natural materials. These differences, such as the variation in the grain, in the weft and warp of a fabric, in the texture, in the knots and in the color, will not be considered faults or defects, nor can they justify a cancellation of the order or a refusal of delivery. Inconsistencies in these natural characteristics should be expected and appreciated. We select only items of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the item.
Furthermore, since an accurate representation of products on the Website and / or in catalogs cannot be guaranteed, in particular due to differences in color finish in Internet browsing software and / or on screens, Chromatica Home cannot be held responsible for the inaccuracy of the photographs that appear on the Website.
The scope and form of execution of the rights conferred on the User by said legal guarantee can be consulted in articles 114 and following of the aforementioned rule.
27. Liability and disclaimer
This Website and all its content does not grant any type of guarantee, implicit or explicit, and Chromatica Home will in no case be liable to the User for any loss or damage resulting from any use of this Website and its content. Nothing contained in these Terms should be understood as granting any right, title or interest in favor of the User with respect to Chromatica Home.
Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.
28. Events outside our control
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a contract that is caused by events that are beyond our reasonable control (“Force Majeure”).
The Causes of Force Majeure will include any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunication networks.
- The acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any contract is deemed to be suspended for the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
COMMUNICATIONS AND COMMENTS
29. Written communications
Applicable laws require that some of the information or communications we send to the User be in writing. By using the Website, the User accepts that communication with us will be mainly electronic. We will contact the User by email or provide the User with information by posting notices on the Website. For contractual purposes, the User agrees to this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that we provide to the User electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.
All notifications given by the User should preferably be sent through our contact form. Subject to and as otherwise specified in clause 29 above, we may send the User communications either by e-mail or at the postal address provided by when placing an order.
Notifications will be deemed received and properly served immediately when posted on our Website, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, stamped and duly delivered in the mail or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
31. User Comments
We are delighted to receive comments from our Website. In any case, all comments, suggestions, notes, messages, ideas and other communications (generally “comments”) sent to our Website will remain the exclusive property of Chromatica Home, as well as the rights of any type of these comments. Chromatica Home may use, reproduce, disclose, publish, and distribute any material sent to us for any purpose, without restriction or compensation of any kind. For this reason, we ask the User not to send us any comments that they do not want to give us, including confidential information or any creative material such as product ideas or original work.
EXTERNAL LINKS AND COMPUTER ATTACKS
32. Contents and services linked on the website
The Website may contain links that allow the User to access other Internet pages and portals (hereinafter “linked sites”). Chromatica Home will only be responsible for the content and services provided on the linked sites to the extent that it has effective knowledge of its illegality and has not deactivated the link to them with due diligence. In the event that the User considers that there is a linked site with illegal or inappropriate content, they can notify Chromatica Home.
In no case the existence of linked sites should presuppose the existence of relationships or formalization of agreements between Chromatica Home and the managers or owners thereof, nor the acceptance and approval by Chromatica Home of the content or services that that web/s offer/s to users. Unless expressly stated otherwise on the Website, Chromatica Home does not know the content and services of the linked sites and, therefore, is not responsible for any damages that may be caused to the User or to any third party.
The introduction, by the User, through a link owned by a third party to Chromatica Home, as well as the inclusion of a link to Chromatica Home, must meet the following conditions, which are only illustrative: the link links to the page , but it may not be reproduced in whole or in part; The links may not lead to error or confusion regarding the origin of the page content, or any other action contrary to law. The page that makes the link must be in accordance with current legislation applicable to this matter.
33. Viruses, hacking and other cyber crimes
The User must not make improper use of this Website through the intentional introduction of viruses, Trojans, worms, logic bombs or any other technologically harmful or malicious program or material. The User will not try to gain unauthorized access to this Website, to the server on which such Website is hosted or to any other server, computer or database related to our Website. The User agrees not to attack this Website through a denial of service attack or a distributed denial of service attack.
By breaching this provision you may commit a criminal offense under the applicable regulations. We will report any such breach to the relevant law enforcement authorities and we will cooperate with them to disclose the identity of the attacker. Likewise, in the event of such a breach, your right to use this Website will cease immediately.
We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other technologically harmful or malicious program or material that may affect your computer, computer equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.
INTELLECTUAL PROPERTY AND OTHER RIGHTS
34. Intellectual and industrial property rights
All the contents of the Website, understood by them, by way of illustration but not exhaustive, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as their graphic design and source codes, are the intellectual property of Chromatica Home or third-party licensors, and none of the exploitation rights recognized by the current regulations on intellectual property over them can be understood as assigned to the User. The trademarks, trade names and other distinctive signs published on the Website are the property of Chromatica Home or third-party transferors and / or licensors, without any right to them being understood to be assigned to the User.
The use of the contents of the Website in no case implies the transfer of the exploitation rights over them. None of these elements can be reproduced, modified, transmitted, communicated or used in any other commercial or public object, by any means, without prior written authorization from Chromatica Home.
Any alteration, change, modification or adaptation of this Website or any information it contains is expressly prohibited, except for the persons or entities expressly authorized to do so by Chromatica Home.
35. Our right to modify these terms
We reserve the right to modify these Terms & Conditions. The modifications introduced will not be retroactive. If the User does not agree with the modifications made, we recommend not using the Website.
If any clause included in these Terms is determined by any competent authority to be totally or partially invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
37. Applicable law and jurisdiction
The use of the Website and the contracts for the purchase of products through such Website will be governed and interpreted in accordance with Spanish legislation. Any dispute arising from, or related to the use of the Website or to such contracts shall be subject to the nonexclusive jurisdiction of the Spanish courts. If the User is contracting as a consumer, nothing in this clause will affect your statutory rights as such.
38. Alternative resolution of consumer disputes
The User is informed about the existence of the European Union’s online dispute resolution platform, which can be accessed here.
Download the Withdrawal Form in .pdf format here.