Terms of Sale

last updated: 1 June 2019

Terms of Sale

PLEASE READ THESE TERMS OF SALE (THESE “TERMS”) CAREFULLY BEFORE PURCHASING PRODUCTS FROM ALCOCAT LABS S.L. (“Alcocat,” “we”, “us”, or “our”).These Terms govern your purchase of our Products (“Order”) from our Sites and App. By purchasing products from us, you agree to be bound by these terms in addition to our Terms of Use and any other terms that are incorporated by reference. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INCLUDING THE TERMS IN OUR TERMS OF USE, DO NOT PURCHASE PRODUCTS FROM US. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Terms of Use.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes, we will notify you by revising the date at the top of these Terms. Every time you order Products from Alcocat, the Terms in force at that time will apply to such purchases. We encourage you to review these Terms each time you make a purchase from us to ensure you understand the terms and conditions that apply to such purchase.

  1. PLACING YOUR ORDER

These Terms of Sale only apply to Products purchased from the Alcocat website (www.alcocat.com). Alcocat Products purchased from anywhere else will not be covered under the rights and provisions of any Alcocat policies, terms or conditions. 

To process your Order, you will be required to provide certain billing and shipping details so that your Order can be fulfilled. These details include your name, email address, physical billing address, physical shipping address and phone number. Please note that when you provide your credit card details for payment, you are providing them to our third-party payment service provider, who will process the payment for your Order. It is also important that the billing address that you provide corresponds with the party who paid for the Alcocat product(s). This is necessary to satisfy credit card processing requirements and to prevent fraud. For this reason, billing details cannot be changed once your Order is completed.

  1. PRICING AND AVAILABILITY

By placing an Order, you agree to pay the amount displayed on your Order checkout page. Although the Services may be accessible worldwide, the Products and Services are not designed and tested for use in all countries. All Products are subject to availability and we reserve the right to impose quantity limits on any Order, cancel all or any part of an Order, and discontinue Products without notice, even if you have already placed your Order. All prices are subject to change without prior notice.

  1. PAYMENT AND BILLING INFORMATION

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your Order may be suspended or cancelled if you do not resolve the issue promptly. In the event you want to change or update payment information associated with your Alcocat account, you can do so at any time by logging into your account and editing your payment information.

You acknowledge that the amount billed may vary due to promotional offers, changes to your Order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

  1. ORDER FULFILLMENT

All Orders must be accepted by Alcocat. Hence an email that you receive from Alcocat acknowledging that your Order has been received does not mean that your Order has been accepted. Your Order is only accepted when you are sent confirmation of shipping information with a tracking number. Until this tracking information is sent to you, all aspects of your Order including prices, are yet to be accepted. While we do everything in our power to prevent errors in Orders, in the event of an error in Alcocat communication, we reserve the right to correct such error and revise, cancel or refund your Order if necessary.

Please note that Products purchased by you are to only be for personal or gift use - any other use is not permitted under the Terms. All Orders are subject to availability. As part of Order processing, Alcocat may screen Order requests and reserves the right to reject all or part of an Order, in cases such as:

  • Insufficient stock or discontinuation of an item
  • If the party receiving the Order is suspected to be a reseller, suspected of fraud or is in a location that is not serviced by Alcocat shipping provider
  • Errors in Order details or credit card processing

You may also be contacted via the email address that you provide in your Order, to confirm Order details. Alcocat takes illegal activity very seriously and reserves the right to cancel Orders and accounts, in instances of illegal activity.

  1. ANTI-FRAUD

Alcocat will engage in fraud prevention activities to protect the rights of legitimate customers and so as not to profiteer from fraudulent transactions. Alcocat reserves the right to monitor transactions for signs of fraud, such as: number of units ordered, time of Order, country of Order and information from the payment gateway. If a transaction is flagged for potentially being fraudulent, Alcocat reserves the right to cancel the transaction, refund any monies received and potentially bar the credit card and customer from future purchases. 

  1. SHIPPING AND HANDLING

Alcocat Products are specially packed for shipping in environmentally friendly Alcocat packaging and a suitable box. Shipping boxes may be different for larger Orders. Shipping and handling charges are provided at the time of ordering, when details are entered via the Alcocat checkout page. You agree to check all charges before submitting your Order. You agree to pay any shipping and handling charges presented to you at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. When you place your Order, you will also be provided with an estimated range of time that it will take your Order to reach you; please note that these dates are only provided as an estimate. Your Order is shipped to you via Alcocat third-party shipping provider and a local carrier. This means that title to, and the risk of loss for, all Products passes to the buyer upon our delivery of the Products to the third-party carrier. In no event will Alcocat be liable for any loss, damage, or penalty resulting from a delay in shipment or delivery.

  1. TAXES

We will collect applicable taxes and duties on Orders for which we determine we have a duty to collect. If an Order is subject to sales tax or duties, you agree that the amount of taxes and duties shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

For U.S. Customers: The sale of these goods is made to you outside of the U.S. We will arrange for a third-party company to act as your importer of these goods and our broker will pay your applicable import duties and taxes. As purchaser, you are responsible to check your sales and use tax liability in your own state and report/pay any taxes on this purchase where necessary.

  1. ERRORS

We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all Product descriptions, photographs, pricing or other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, at a physical retail location, in an Order confirmation or in processing an Order or delivering a Product, we reserve the right to correct such error and revise your Order accordingly (including charging the correct price) or to cancel the Order and refund any amount charged. Your sole remedy in the event of an error is to cancel your Order and obtain a refund.

  1. RETURN POLICY

In certain cases, you may be entitled to return your items from your Order. For details on when and how to return items from your Order, please visit our Returns Policy. 

  1. LIMITED PRODUCT WARRANTY

To the fullest extent permitted by applicable law and subject to any applicable consumer guarantees that cannot be excluded, modified or restricted by law, Alcocat warrants that your Alcocat Products shall, as of the date of delivery, be free from material defects for a period of two (2) year. The date of delivery is considered the date that our delivery service has recorded delivering your Alcocat Product as per delivery tracking, not any other date. As your sole and exclusive remedy and Alcocat sole liability for any breach of the foregoing warranty, Alcocat will repair or replace the affected Product in accordance with its Product Warranty. For details on Alcocat limited warranties, please visit our Warranty.

  1. INDEMNIFICATION

To the fullest extent permitted by applicable law, and in addition to the indemnification obligations set forth in the Terms of Use, you agree to indemnify, hold harmless and defend Alcocat and the Alcocat Parties from and against all claims, damages, losses, liabilities, costs and expenses, including but not limited to, attorneys’ fees, that are caused by, arise out of or are related to (a) your purchase or use of any Product in a manner that is illegal, tortious, or violates the rights of another, or that constitutes a misuse of the Product; (b) your breach of these Terms; or (c) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Alcocat reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms and your use of the Products. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Alcocat.

  1. GOVERNING LAW AND VENUE

U.S. Customers. These Terms are governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Los Angeles County, California and the United States, respectively, sitting in Los Angeles County, California, for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in Section 15.

Non-U.S. Customers. These Terms are governed by the laws of Barcelona, Spain, without regard to conflict-of-law provisions. To the extent that you reside in a country that will not apply the laws of Barcelona, Spain, then your country's laws will apply to such disputes related to the Products or these Terms. Any Dispute between the parties that is not subject to arbitration will be resolved exclusively in the courts located in Barcelona, Spain.

  1. CONTACTING ALCOCAT

We want to help you get the most out of Alcocat Products and Services. If you have any questions, please contact us via legal@alcocat.com

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