This document contains the terms and conditions of use of this website and the contract that is binding on you and on us (hereinafter the "Terms and Conditions"). These Terms and Conditions set out the rights and obligations of all users (hereinafter “You”/“your”) and those of QUERIDA CARMEN (hereinafter “we/“us”/“our”/“the Vendor”) relating to the products/services we offer on this website or any other website to which we may redirect you via a link (hereinafter referred to comprehensively as "Querida Carmen's Services"). Please read these Terms and Conditions and our Privacy Declaration before clicking on the “I authorise payment” button to place your order. When using this website or placing an order on it, you agree to all the Terms and Conditions and with the Privacy Declaration and therefore, should you not agree with all the Terms and Conditions and with the Privacy Declaration, please do not place any order.
These Terms and Conditions may be changed and therefore you must read them before placing each order.
These Terms and Conditions are the only ones that apply to the use of this website and replace any others, save express prior written consent by the Vendor. These Terms and Conditions are important both for you and for us as they have been designed to create a legally binding agreement between us, protecting your rights as a customer and ours as a company. On placing your order you declare that you have read and accept all these Terms and Conditions without reservation.
You accept that:
This information and the details contained on this website do not constitute an offer of sale, but rather an invitation to do business. No contract will exist between you and us in relation to any product until we have expressly accepted your order (even if the price has already been charged to your account). If your order is not accepted and any charge has been made to your account, the amount of this will be repaid to you in full.
To place an order, follow the online purchase procedure and click on "I authorise payment". Next, you will receive an email confirming receipt of your order (the "Order Confirmation"). Remember that this does not mean your order has been accepted, as this order is an offer you are making to us for the purchase of one or more products. All orders are subject to our acceptance and we will confirm this acceptance in an email confirming that the product is being shipped (The Shipment Confirmation). The contract between us for the purchase of a product is only formalised when we send you the Shipment Confirmation.
Only the products listed in the Shipment Confirmation will be included in the Contract. We are not obliged to supply you with any product you have ordered until we confirm shipment of the same in a separate Shipment Confirmation.
All product orders are subject to availability and if for this reason difficulties should arise in product supply or if articles go out of stock, we reserve the right to inform you of replacement products of equal or superior quality that you can order instead. If you do not wish to order these replacement products, we will reimburse any sum you may have paid.
We reserve the right to withdraw any Product from this website at any time and/or to remove or modify any of its material or content. Although we will make every effort to process all orders, exceptional circumstances may arise that oblige us to refuse to process an order after sending the Order confirmation and we reserve the right to do this at any time, at our sole discretion.
We will not be responsible vis-à-vis you or any third party for the withdrawal of any product from this website, irrespective of whether or not this product has been sold, for the removal or modification of any site material or content or for refusing to process an order once we have sent the Order Confirmation.
If you are purchasing as a consumer, you can cancel the Contract at any time within 30 days of the date you receive the products. In this case, you will be reimbursed for the price paid for the said products in accordance with our Returns Policy (see Clause 13).
Your right to cancel the Contract will only apply to products returned in the same condition as received by you. You must also include all the products’ instructions, documents and packaging. No reimbursement will be made if the product has been used or damaged and therefore you must be careful with the product or products while they are in your possession.
You are not entitled to cancel a Contract for the supply of the following Products:
Please handle products with all due care while they are in your possession and, if possible, keep the original boxes and packaging in case you should return them.
You will find further details about this legal right and an explanation of how to exercise it in clause 13 of these Terms and Conditions and you will be sent a summary of the same along with the Shipment Confirmation.
This provision does not affect consumer rights enshrined in applicable legislation.
Without prejudice to the provisions of Clause 5 above and save in the event of extraordinary circumstances, we will try to send the order for the product(s) listed in the Shipment Order by the delivery date detailed on the same, otherwise, Delays may be due to one of the following reasons:
If we cannot meet the delivery date for any reason, we will inform you of this situation and will give you the option either to continue with the purchase, setting a new delivery date, or to cancel the order with total reimbursement of the price paid. In any case, bear in mind that we do not deliver on Saturdays and Sundays.
By accepting this delivery service, you are accepting that staff responsible for the deliveries will come into your home. Please remove anything that could be damaged when the delivery is made. Except where due to our negligence, we will not be responsible for any property not duly removed if you could have taken reasonable steps to eliminate or minimise the risk.
Please make sure that the products ordered fit into your home in the places you intend to place them or in the delivery zones. If the product(s) do not fit, at this time you can still either accept the delivery or return the products, taking into account that the return will be charged to you (for further details, see our Returns Policy).
For the purposes of these Terms and Conditions, “delivery” will be understood to have been made or the fact that the products have been “delivered” will be acknowledged at the moment you sign for receipt of the same at the agreed delivery address.
If it is impossible for us to make the delivery, MRW will keep your order safely stored. We will leave you a note explaining where your package is and how to go about getting it resent. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
Responsibility for product risks will be transferred to you at the time of delivery.
You will acquire ownership of the products either when we receive full payment of all the sums due for them, including shipment charges, or at the time of delivery (depending on the definition contained in clause 8), whichever comes later.
The price of the products will be as listed at any time on our website, save in the event of an obvious error. Though we try to make sure that all the prices listed on the site are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option either to reconfirm your order at the correct price or to cancel it. If we cannot get in contact with you, the order will be considered cancelled and you will be fully reimbursed for any sums paid.
We will not be obliged to supply you with the product(s) at the lower incorrect price (even if we have sent the Shipment Order) if the error in the price is obvious or unequivocal and could reasonably have been recognised as such by you.
The prices on the website include VAT but exclude shipment charges, which will be added to the total sum due as detailed in our Shipment Charges Guide.
Prices may change at any time, but (save as previously set out) changes will not affect the orders of customers who have already been sent a Shipment Confirmation.
Once you have made your purchases, all the articles you wish to purchase will have been added to your basket and the next step will be to process the order and make the payment. To do this:
You can pay with Visa, MasterCard, American Express cards and by PayPal. Your credit card details will be encrypted to minimise the risk of unauthorised access. The payment must be authorised when you submit the order. However, no charge whatsoever will be made to your credit card until your order has been shipped, except when the payment has been made by PayPal, in which case you will be charged at the moment you submit the order.
By clicking on “I Authorise Payment” you are confirming that the credit card is yours.
We use VeriSign to make sure that the payment has been made securely.
Credit cards will be checked and authorised by the issuer, but if this issuer does not authorise the payment, we will not be responsible for any delay in delivering or failure to deliver and we cannot enter into any Contract with you.
In accordance with applicable law, any purchase made via the website will be subject to Value Added Tax (VAT), except those to be shipped to the Canary Islands, Ceuta and Melilla.
In this respect and in accordance with Chapter I of Heading V of Council Directive 2006/112, of 28 November 2006, regarding the common VAT system, deliveries will be understood to be located in the Member State figuring in the delivery addresses of the articles as provided in each order, and the rate of VAT applicable will be the current legal rate in each Member State to which the articles in each order are to be shipped.
In accordance with the law applicable in each jurisdiction, for deliveries of goods made in certain European Union member states to a business or professional addressee, the “reversal of taxpayer” rule (article 194 of Directive 2006/112) may apply, which would mean that ITX E-Commerce Ireland Limited would not be liable to pay VAT, without prejudice to the addressee’s obligation to pay the remaining tax due in the operation.
In orders to be shipped to the Canary Islands, Ceuta and Melilla, deliveries would be exempt of VAT by application of the provisions of article 146 of the said Directive, without prejudice to the application of the corresponding taxes and duties in accordance with the laws of each.
Returns in exercise of the right to cancel the purchase.
General policy: if you wish to cancel the Contract within the period detailed in clause 7 above, you can contact us by means of our contact form.
In this case, once you have received the merchandise in its original packaging and in perfect condition, we will reimburse you the corresponding sum to your credit card. You will nevertheless be charged the transport costs. You must also include a copy of the delivery note in the package.
After examining the article we will inform you whether you are entitled to the reimbursement of the sums paid. Reimbursement will be made as soon as possible and always within 30 days of the date on which we received notification from you of your intention to cancel. Reimbursement will be made to the same credit card you used to make the purchase. You will assume the cost and risk of returning products to us, as indicated above.
Exchange or return of products that are not in the same condition as received or that have been used beyond merely opening and inspecting the product will not be admitted.
Return of defective products
You must send the product back to us at the address detailed on the product’s delivery note.
We will carefully examine the packaged product and let you know by email within a reasonable period whether a return or replacement is admissible (as appropriate). The article will be returned or replaced as soon as possible and always within 30 days of the date on which we send you an email confirming that the return or replacement of the non-compliant article has been admitted.
The sums paid for products returned due to a real defect will be reimbursed to you in full, including the delivery costs and any costs you had to pay in order to return it to us. Reimbursement will be made to the same credit card you used to make the purchase.
The rights recognised by applicable legislation remain unaffected.
Our responsibility in relation to any Product acquired on our website will be strictly limited to the said Product’s purchase price.
Nothing in these Terms and Conditions of Purchase excludes or limits our responsibility in any way:
Without prejudice to the provisions of the above paragraph and insofar as legally permitted, and save where provided otherwise in these Terms and Conditions, we will not accept any responsibility for indirect damages caused by secondary effects of the principal losses or damages, in whatever form they arise and whether caused by a civil offence (including negligence), non-fulfilment of the contract or other, even if these were foreseeable, including, but not limited to, the following:
Due to the fact that this is an open website and that it is possible that errors will occur in the storage and transmission of digital information, we do not guarantee the correctness or security of the information transmitted or obtained via this website save where expressly detailed otherwise in the site.
All the product descriptions, information and material contained in this website are provided “as posted” and without any kind of express, implicit or any other type of guarantees.
Insofar as legally admissible, we exclude all guarantees save those that cannot legally be excluded vis-à-vis consumers.
The Products we sell often display the characteristics of the natural materials used to manufacture them. These characteristics, such as variation in texture and colour, will not be considered defects. On the contrary, they should be expected and appreciated. We only select top-quality products, but natural characteristics are inevitable and should be accepted as part of the product’s individual appearance. The provisions of this clause do not affect your rights under consumer quality legislation, or your right to cancel the Contract.
You acknowledge and agree that any copyrights, registered trademarks and other intellectual property rights over the material and content provided as part of the website belong at all times to us or to those who have granted us a licence for their use. You may use this material only as expressly authorised by us or those who have granted us a licence for their use. This does not prevent you using this website to the extent necessary in order to copy the information about your order or Contact details.
Applicable law requires us to send you part of our information or communications in writing. When using this website, you accept that most of the communications you have with us will be via email. We will contact you by email or provide you with information by posting announcements on this website. For the purposes of the contract, you agree to use this electronic communication medium and recognise that any contract, notification, information and other communications we send you by email meet the necessary legal requirements to be considered as in writing. This condition will not affect your legal rights.
The notifications you send us should preferably be sent to our contact email address
. In accordance with the provisions of clause 16 and save where provided otherwise, we can send communications either by email or to the postal address you provided when you placed the order.
Notifications will understood to have been received and correctly made at the moment they are posted on our website, 24 hours after sending of an email, or three days after the franking date of any letter. In order to justify that the notification has been made it will be sufficient to prove, for letters, that it was sent to the correct address, was correctly stamped and duly delivered to the post office or to a mailbox and, for emails, that the latter was sent to the email address specified by the receiver.
The Contract between you and us is binding both for you and us, and also for our respective successors, transferees and assignees.
You may not convey, cede, encumber or otherwise transfer a Contract or any of the rights or obligations deriving from it in your favour or for yourself without our prior written consent.
We may convey, cede, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations deriving from it in our favour or for ourselves, at any time during the period of effect of the Contract. To avoid any doubt, these conveyances, disposals, encumbrances or other transfers will not affect your legal rights as consumers or cancel, reduce or limit in any way whatsoever any express or tacit guarantees we may have granted you.19. EVENTS BEYOND OUR CONTROL
We will not be responsible for any non-fulfilment or delay in the fulfilment of any of the obligations we assume under the Contract caused by events beyond our reasonable control ("Force Majeure").
Causes of Force Majeure will include any action, event, failure to act, omission or accident beyond our reasonable control and will include (but are not limited to) the following:
It is understood that our fulfilment obligation under any Contract will be suspended during the period the cause of Force Majeure continues and that afterwards the period for fulfilling our obligation will be extended for the same duration. We will make every reasonable effort to end the Cause of Force Majeure or to find a solution in order to fulfil our obligations under the Contract despite the Cause of Force Majeure.
If during a Contract’s period of effect we should fail to insist upon the strict fulfilment of any of the obligations assumed under it or under any of these Terms and Conditions, or should fail to exercise any of the rights or actions we are entitled to exercise or bring under the said Contract or these Terms and Conditions, this will not constitute a renunciation of the said rights or actions or exonerate you from fulfilling these obligations.
Any renunciations we should make of demanding fulfilment will not constitute a renunciation on our part of demanding fulfilment in the future.
No renunciation on our part of any of these Terms and Conditions will have any effect unless it is expressly stipulated that it is a renunciation and is communicated to you in writing in accordance with the provisions of the above Notifications section.
If any of these Terms and Conditions or any provision of a contract should be considered invalid, illegal, or impossible to fulfill in any way by the competent authority, it will be separated from the remaining conditions and provisions, which will continue to be valid within the limits allowed by law.
These Terms and Conditions and any document expressly referred to in them constitute an integral agreement between you and us in relation to the object of the Contract and replace any other previous pact, agreement or promise existing between you and us verbally or in writing.
Both parties acknowledge that we have agreed to sign this Contract without having put our trust in any declaration or promise made by the other party or that might be inferred in any declaration or deed in the negotiations made by both of us before the said Contract, save as expressly mentioned in these Terms and Conditions.
Neither party will have the right to claim against any untruthful declaration made by the other party, either verbal or written, before the Contract’s effective date (save where this untruthful declaration was made fraudulently) and the only claim the other party will be entitled to make will be for non-fulfilment of the Contract in accordance with the provisions of these Terms and Conditions.
We reserve the right to revise and amend these Terms and Conditions at any time.
You will be subject to the policies and Conditions applicable at the time of placing each order, save where by law or a decision of governmental bodies we are obliged to amend these policies, Terms and Conditions or Privacy Declaration, in which case any changes will also affect any orders you made previously.
Contracts for the purchase of products via our website will be governed by Irish law.
Any dispute that may arise or that relates to the said contracts will be subject to the non-exclusive jurisdiction of the Irish courts.
If you are entering into this contract as a consumer, nothing in this clause will affect your rights under applicable legislation.