Terms of Service
TERMS AND CONDITIONS OF PURCHASE AND USE WWW.COCUNAT.COM
1. INTRODUCTION
This document (jointly with all the texts mentioned in it) establishes the terms and conditions governing the use of this website (www.cocunat.com) and the purchase of products through it (the “Terms and Conditions”), regardless of the application, digital channel, media or device through which it is accessed. Please read these Terms and Conditions carefully before using this website. By using this website or placing an order through it, you are accepting the COCUNAT Terms and Conditions of Purchase and Use, so you must not use this website if you do not agree to these Terms and Conditions.
If you have any questions about these Terms and Conditions or any other legal notice published on our website, please contact us using our contact channels.
The contract may be formalized, at your choice, in any of the languages in which the Terms and Conditions are available on this website.
*These terms and conditions have been drawn in accordance with the Spanish law. In any case, due to your status as a consumer, it is possible that your rights may be extended in accordance with the applicable national legislation of your country."""
2. OUR DETAILS
The sale of items through this website takes place under the name “COCUNAT” and is made by COCUNAT, S.L. (“COCUNAT” or “Us”), a Spanish company with registered address in Calle Casp 46, local, (08010) Barcelona, Spain, registered in the Commercial Register of Barcelona, in Volume 43912, Book X, Page 77, Sheet B441672, entry 1, Tax Identification Number (NIF) B-66100793, telephone number 0034 911 980 581 and email address [email protected].
Fiscal adress UK: D.B. House, Berry Hill Industrial Estate, George Baylis Road, Droitwich, Worcestershire, WR9 9RB, United Kingdom
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
Information or personal data provided to us will be processed in accordance with the provisions set forth in the COCUNAT Privacy Policy. For more information, please carefully read our Privacy Policy.
4. USE OF OUR WEBSITE
4.1. By using this website and placing orders through it, you undertake to:
- Make proper use of this website and only use it to make lawful inquiries or orders;
- Not place any false or fraudulent orders. If there are reasonable grounds to consider that an order of this nature has been placed, we are hereby authorized to cancel it and inform the relevant authorities;
- Provide us with your email address, mailing address and/or other contact information truthfully and accurately.
4.2. If you do not provide us with all the information that we need, we will not be able to process your order.
4.3. By placing an order through this website, you declare that you are over 18 years old and that you have the legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE
5.1. The items offered through this website are only available for delivery to Spain.
5.2. If you wish to place an order through this website from another country, you can of course do so. However, please bear in mind that we can only ship to a Spanish delivery address.
6. HOW TO PLACE AN ORDER
6.1. To place an order on our COCUNAT website, you must follow the online purchasing procedure, accept the COCUNAT Terms and Conditions of Purchase and click on the “Pay” button. After completing the purchase process, you will receive an email confirming receipt of your order (the “Order Confirmation”). Similarly, we will notify you by email when the product is being shipped (the “Shipping Confirmation”). If you do not receive this email, please check your Spam folder. If you cannot find it there either, please contact us at [email protected].
If you are a registered user, you can find the details of all orders place in the “My Account” section.
7. GUEST CHECKOUT
This website also allows you to make a purchase through the guest checkout feature.
When purchasing as a guest, COCUNAT will only ask for the details required to process your order.
8. RIGHT OF WITHDRAWAL AND REFUND POLICY
8.1. Right and deadline of withdrawal. If you are purchasing as a consumer, you have the right to withdraw from this contract within fourteen calendar days without needing to justify this.
The period for withdrawal will end after fourteen calendar days from the day on which you or a third party you appoint, other than the transport company, takes material possession of the items or, if the items that make up your order are delivered separately, fourteen days after the day on which you or a third party you appoint, other than the transport company, takes material possession of the last of these items.
8.2. How to exercise this right. You may exercise the right of withdrawal in the way that is most convenient for you through an unequivocal declaration (for example, using the form annexed to these Terms and Conditions or sending an email), notifying us of your decision to withdraw from the purchase at the address Carrer de Folgueroles 17, 08022, Barcelona, Spain or at our email address [email protected].
To meet the withdrawal deadline, you simply need to send the letter in which you exercise this right before the withdrawal deadline indicated in Point 8.1 section 2 has passed. COCUNAT will notify you without delay of the receipt of your withdrawal notification.
8.3. Consequences of withdrawal. In the event of withdrawal, we will refund all the payments you have made, including delivery charges, but excluding the additional costs resulting from your decision to choose a delivery method other than the less costly ordinary delivery we offer, without any undue delay, and in any case, no later than fourteen calendar days after the date on which you inform us of your decision to withdraw from this contract.
We will refund the money using the same payment method you used for the initial transaction, unless you have expressly declared otherwise and as long as that does not involve any fees being incurred as a result of the refund. Notwithstanding the above, we may delay the refund until we have received the items.
8.4. Refund process. You must return or deliver to us, directly or through a messenger/courier, the products that you want to return, sending them to the following address: COCUNAT S.L., Calle Newton 22, 08635 SANT ESTEVE SESROVIRES, Barcelona, Spain.
To do this, you must contact us through our contact form or by emailing us at [email protected].
8.5. Care and attention. We ask you to take good care of the products while in your possession. It is important that you return the item in the original COCUNAT packaging and include any instructions and other documents that came with it. The use of the purchased products, beyond simply opening them, providing that they are not sealed products, could result in the application of that established in point 8.7 and, where appropriate, COCUNAT not being able to accept the cancellation of the purchase. As a result, when returning goods, you must follow all the instructions set out in the email accepting their return.
8.6. Costs. You will be liable for the direct cost of returning the items for which you have exercised the right of withdrawal.
8.7. Value reduction. You will be responsible for any reduced value of the items resulting from handling other than that required given the nature, characteristics or operation of the items.
8.8. Refund. Please note that COCUNAT may withhold your refund until it has received the items or until you have provided us with proof of their return, whichever happens first.
Your right of withdrawal may be affected if you have exercised it after the established deadline, if one or more items in the order from which you have withdrawn have not been returned and in other circumstances that may arise.
As a result, COCUNAT will inform you if you have the right to a refund of the amounts paid in the corresponding circumstances and after the appropriate checks in accordance with the provisions of the Consolidated Text of the General Law for the Protection of Consumers and Users.
8.9. Right of withdrawal exceptions. You will not have the right of withdrawal from any contract involving the supply of any of the following products:
- Personalized items;
- Items sealed for health and safety reasons if they have been unsealed after delivery.
8.10. Returns in the Canary Islands and other regions. If you wish to exchange or return a product delivered to the Canary Islands, you can do so by contacting us through the email address [email protected] and we will provide information on how to perform the return or exchange.
If you have placed an order through this website from a member state of the European Union other than Spain, the conditions for exercising the right of withdrawal will apply equally. Similarly, please note that we will not be obliged to refund delivery charges other than those incurred to reach the original delivery address in Spain or expenses for returns from a location outside Spain.
9. TECHNICAL METHOD TO CORRECT ERRORS
9.1. If you notice that there has been an error when entering your personal details during the process of registering as a user on this website, you can change these in the “My Account” section.
You may also correct errors related to the personal details provided during the purchase process by contacting the customer service team through our email address [email protected].
9.2. This website displays confirmation windows at various stages of the purchase process that do not allow you to continue with the order unless the details in these sections have been entered correctly. Similarly, this website offers details of all the items added to your basket during the purchase process so that you can change the details of your order before you complete the payment.
If you detect an error in your order after the payment process has been completed, please contact our customer service team immediately by sending an email to the above address so that we can correct the
error.
10. PRODUCT AVAILABILITY
10.1. All orders are subject to product availability. COCUNAT will make every possible effort to supply the purchased products in accordance with your order summary. However, at times COCUNAT may not be able to supply these products. This may be due, for example, to these products not being in stock or to an error having been identified in the price or description of the product, etc. In these circumstances, COCUNAT will contact you to notify you of this and, where appropriate, propose substitute products that meet your needs. If you are not interested in these substitute products, COCUNAT will cancel your order for the products that cannot be supplied and you will receive a refund for the amount paid for this item.
In such cases, COCUNAT will only be required to refund the amount paid by you, without you having the right to claim any additional amounts.
10.2. There is also the potential for COCUNAT not to accept your order. In this circumstance, it will contact you as soon as possible through any of the channels that you have provided when placing the order and will propose substitutes.
11. DELIVERY
11.1. Before completing the order, you will have the opportunity to select the delivery method that best meets your needs. We will send your order consisting of the products listed in each Shipping Confirmation without undue delay and no later than 72 hours from the Order Confirmation date, except in the following circumstance.
Please bear in mind that there are circumstances resulting from the personalization of the products or unexpected or extraordinary circumstances that may affect the delivery date.
11.2. If for any reason we are unable to meet the delivery date, you will be kept informed and given the option of either continuing with the purchase with a new delivery date or cancelling it with a full refund of the amount paid. You should also bear in mind that we do not do home deliveries on Saturdays or Sundays.
For the purposes of these Terms and Conditions, it will be understood that the “delivery” has taken place or the order has been "delivered" when you or a third party indicated by you takes material possession of the goods, which is evidenced by means of signing the receipt of the order at the delivery address you have provided.
12. UNABLE TO DELIVER
12.1. You undertake to ensure that you, or another appointed person, are at the address indicated to receive the order from COCUNAT. If you are not there, the transport company will attempt delivery again or, if this is not possible, will contact you.
12.2. In the event of being unable to deliver, your order will be returned to our warehouse with the corresponding refund of the payment made less any delivery or return charges incurred, which will be payable by you.
If fifteen days after your order was ready for delivery it has finally not been delivered for reasons not attributable to COCUNAT, but rather because of your lack of interest or failure to collect it, we will assume that you wish to withdraw from the contract and we will consider it terminated. As a result of the termination of the contract, we will refund all payments made by you, excluding delivery charges, as well as additional costs resulting from your decision to choose a delivery method other than the less costly ordinary delivery we offer, without any undue delay, and in any case, no later than fourteen calendar days after the date on which the contract is considered to have been terminated.
13. PRESALE OF ITEMS
13.1. When purchasing presale items, these will be delivered to the address you have selected in the time periods indicated on our website.
Please bear in mind that these items are subject to longer delivery times, which will be shown on the website, but in any case, they will be delivered a maximum of thirty days from the Order Confirmation date.
13.2. In the case of mixed orders consisting of ordinary sale and presale products (“Mixed Orders”), items that may have been ordered by you in the same order will be delivered separately and with different delivery deadlines in accordance with the availability of the presale products at any time and in accordance with these Terms and Conditions.
Once the presale products have been prepared, we will contact you to notify you that they are being shipped (“Shipping Confirmation”).
If you purchase a presale product, all the provisions of these Terms and Conditions will similarly apply, without prejudice to that set out in this clause.
14. SYSTEM FOR SUBSCRIBING TO THE “UNBEATABLE // HAPPY HAIR” PRODUCT
14.1. To take advantage of a new UNBEATABLE // HAPPY HAIR, in addition to registering on the COCUNAT website, you must also subscribe by choosing the subscription option based on the frequency with which you wish to receive the COCUNAT product: weekly or every 4, 8, 12 or 16 weeks.
Subscribing to UNBEATABLE // HAPPY HAIR requires you to click on the subscribe button, found on the page https://cocunat.com/es-es/product/unbeatable, and choose your preferred frequency.
Next, you must select the “Add to Basket” button and complete the order form.
14.2. The UNBEATABLE // HAPPY HAIR delivery date is generated automatically, based on the date on which the subscription is completed. For example, if you subscribe on February 15 and choose the monthly option, you will receive the UNBEATABLE // HAPPY HAIR on March 15. However, COCUNAT wishes to make clear that the delivery date is an estimate and you should be aware that there may be delays in the delivery of the UNBEATABLE // HAPPY HAIR, so you will not have the right to any refund for any delays that may occur or unforeseen events that are outside COCUNAT’s control.
You are responsible for updating the delivery details for the order if your address changes.
14.3. The price of UNBEATABLE // HAPPY HAIR in subscription mode does not include delivery charges. Please note that, prior to the delivery of the next UNBEATABLE // HAPPY HAIR, you will receive an email allowing you to add other COCUNAT products to your basket, should you wish to do so, so that the order reaches the minimum amount required for free delivery.
The subscription to UNBEATABLE // HAPPY HAIR is automatically renewed for the same time periods as initially established, unless you cancel your subscription or change its frequency.
To cancel the subscription, you need to go to your account at www.cocunat.com, selecting the Cancel Subscription section.
14.4. Please note that, if you have chosen a monthly subscription frequency, any cancellation of the subscription will take effect in the month following the one in which you have requested that cancellation. If the selected subscription frequency is less than monthly, the cancellation of the subscription will take effect once the delivery immediately following the cancellation date has been completed. Whatever the selected subscription frequency, you may modify this through the online form available from your User Account.
14.5. COCUNAT reserves the right to cancel and/or amend the UNBEATABLE // HAPPY HAIR subscription system and will inform you of that circumstance should it arise.
15. SUBSCRIPTION SYSTEM APPLICABLE TO THE COCUNAT CLUB
15.1. COCUNAT CLUB consists of the delivery of 13 COCUNAT products pre-determined and specified in the Club section.
In order to benefit from the COCUNAT CLUB, in addition to registering on the COCUNAT website, you must purchase the CLUB subscription which has a duration of 6 months and involves 1 delivery of products/month. The subscription is unique per user, it is not possible to subscribe more than once.
To subscribe to the CLUB COCUNAT subscription, you must access the COCUNAT CLUB section of the website, where you can select the CLUB product for the first delivery by clicking on the BUY WITH CLUB button. Once the product has been selected, proceed to complete the order processing. Once the order is completed, you will receive a confirmation email.
15.2. The delivery date of the CLUB products is automatically generated once a month. Likewise, on the same date of the monthly shipment of the aforementioned products, the payment of the subscription fee shall take place. However, COCUNAT informs you that the shipping date is an estimate and warns you that you should take into account that there may be delays in the shipment of orders of CLUB products, so you will not be entitled to any reimbursement for any delays that may occur or unforeseen events beyond COCUNAT's control.
In case of change of address, the updating of the shipping information of the orders is your responsibility.
15.3. The CLUB subscription price does not include shipping costs. You are informed that, prior to the shipment of the next order of products, you will receive an email by which you can add to your cart, if you wish, other COCUNAT products so that the order can reach the minimum amount required in order to be shipped free of charge.
After the last delivery of products, once the 6-month period of the CLUB subscription has elapsed, the subscription will be automatically extended on a monthly basis until you cancel it.
To cancel the subscription, you have to access your account at www.cocunat.com, Cocunat Club section, selecting the Cancel Subscription section. You can also contact our customer service team at: [email protected] https://contact.gorgias.help/forms/oxbg8r5w
15.4. The cancellation of the subscription may be made at any time, but respecting the period of permanence indicated in this clause. Nevertheless, you are informed that CLUB is a one-time subscription and that, in the event of cancellation, you will not be able to resume it in order to continue enjoying all its advantages.
The duration of the subscription will be 6 months, and you may cancel the subscription after the fifth delivery of products.
We remind you that you must request the cancellation of the subscription before the fifth order leaves our warehouse, respectively, so that such cancellation can be duly managed by our team. Upon cancellation of the subscription, you will no longer receive deliveries of CLUB products, as long as the 6-month subscription period, respectively, has expired.
16. TRANSFER OF RISK AND OWNERSHIP
You will be liable for the risks of the products from the moment they are delivered.
You will take ownership of the products when we receive full payment of all the amounts due in relation to them, including delivery charges (if the minimum order amount is not reached), or at the moment of delivery (as defined in Clause 11) if this takes place at a later date.
17. PRICE AND PAYMENT
17.1. The prices on the website include VAT but exclude delivery charges, which will be added to the total amount.
Product prices may be subject to change, but any changes will not affect orders for which the Order Confirmation has already been sent.
17.2. Once you have selected all the items you wish to purchase, they will be added to your basket and the next step is to place your order and make the payment. For this, you must follow the steps involved in the purchasing process, completing or checking the information requested at each stage.
Similarly, you may modify your order details during the purchase process but before payment.
17.3. As the means of payment, you can use the following cards: Visa, Mastercard, American Express, Affinity Card, PayPal, Amazon Pay, Apple Pay, Android Pay and Klarna (https://cocunat.com/info/klarna). If you choose to pay with a credit/debit card, the order will be processed as soon as the payment has been authorized by your bank or building society.
By clicking on the "Pay” button, you are confirming that the credit card is yours or that you are authorized to use it. However, if the Security Department suspects irregularity or fraud, COCUNAT reserves the right to cancel the transaction for security reasons.
Online payment with a credit/debit card takes place through the “Secure Socket Layer” security system, which encodes your bank details when they are transferred over the Internet. Credit cards will be subject to checks and authorizations by the bank issuing them, but if this bank does not authorize the payment, we will not be liable for any delivery delays or failures and we will not be able to formalize any contracts with you.
Under its security policy, COCUNAT will verify all orders paid using a bank card.
Generally, COCUNAT also accepts cards that use the Verified by Visa or 3-D Secure secure payment systems.
18. PROMOTIONS AND VOUCHERS
All promotions and vouchers have a specific expiry date and this is indicated in the promotion itself.
Promotions consisting of discount vouchers will only and exclusively apply to the value of the product.
COCUNAT reserves the right to cancel its promotions for those users who abuse them or who obtain multiple promotional items under different identities.
COCUNAT, S.L., hereinafter "COCUNAT", with Tax ID number B-66100793 and registered office at Carrer Folgueroles, 17 08022 Barcelona, shall carry out a discount campaign from December 26, 2022 to January 1, 2023 on the products marketed by the Company.
18.1. BLACK FRIDAY
Promotion valid during the month of November 2024 in web and store or while stocks last.
During the promotional period the company will apply variations of discounts on its products. These variations will be communicated through the company's channels.
Discounts will be applied directly on the price of the product and are not cumulative with other promotions.
Orders over €80/$90/GB70 will receive a free mini bottle of The Glow Body Milk within their order.
COCUNAT reserves the right to make changes to the promotion's terms or period at any time and/or to end the promotion early if necessary for just cause, without any liability arising from such changes.
INTEREST FREE PAYMENT IN INSTALLMENTS
All orders over 75€ placed during the promotional period will have the possibility of paying in 3 months without interest through the SeQura payment platform. This payment method is only applicable in countries with Euro currency (€) and the offer is limited to the 3-month installment payment option. Any other payment terms will not be subject to the promotion.
FLASH SALES
During the promotional period there will be special offers on certain products with a duration of 24h. In order to access these offers it is essential to be registered in Cocunat's communication channels.
COCUNAT CLUB:
Club members will enjoy the same discounts that are active on the web on those products they wish to include in their shipment for the months of November..
19. VALUE ADDED TAX AND INVOICING
In accordance with Law 37/1992, of 28 December, on Value Added Tax and any other provisions applicable where appropriate, the delivery of the items will be understood to take place in a location subject to Spanish VAT if that location is in Spain but not the Canary Islands. The applicable VAT rate will be that legally in force at each moment depending on the specific item in question.
For orders being delivered to the Canary Islands, deliveries will be exempt from VAT due to the application of the provisions of Law 37/1992, but will be subject to the corresponding taxes and duties in accordance with the legislation in force in each of these locations.
You expressly authorize us to issue the invoice in electronic format and send it to you by email to the address provided to COCUNAT, although you may at any moment notify us of your wish to receive a paper invoice, in which case we will issue and send you an invoice in that format. You may request this by contacting our customer service team through any of the channels made available to you and free of charge.
20. GUARANTEES
20.1. If you enter into a contract as a consumer and user, we offer you complete health, technical and storage guarantees for the products that we sell through this website, under the terms legally established for each type of product taking into account that our products do not spend longer than six months in our warehouses.
Please note that, as a consumer, you have a period of two month to tell us about any lack of conformity, counted from the moment you became aware of it.
In any event, any lack of conformity must have become evident within a maximum of two years from the delivery of the product, in accordance with that established in Clause 21.
20.2. It is understood that the products conform with the contract provided that (i) they meet the description provided and possess the characteristics described on this website, (ii) they are suitable for the use usually made of products of this type, (iii) they have the standard quality and features for a product of the same type that can reasonably be expected, (iv) the product has remained closed given that it is a perishable good that has a PAO (“Period After Opening”) according to the product’s formulation, which can be less than 2 years, (v) if the product has been opened, that the lack of conformity has occurred within the PAO ("Period After Opening") indicated on the packaging, (vi) that the storage conditions fall under those recommended by the Spanish Agency of Medicines and Medical Devices (AEMPS - Agencia Española del Medicamento y Productos Sanitarios) in relation to the storage of cosmetics and (vii) that the product has been used in a correct and reasonable manner.
The main recommendations made by AEMPS in terms of the right storage conditions (point (vi) above) are:
- Store the products at a temperature of 18 - 25ºC, away from direct sunlight and any source of heat. Avoid storing them in areas with high humidity;
- Store the product in the original packaging and close it tightly after use;
- Do not mix the product with water or other products;
- Do not use the product for any purpose other than that specified by the manufacturer;
- Respect the date of minimum durability or period of use of the product after opening (PAO), indicated in months or years within the PAO symbol;
The main rules for the correct and reasonable use of the product (point (vii) above) are:
- Wash your hands before using it;
- Follow the directions for use shown on the label;
- Respect the warnings shown on the label and in the information sheet where appropriate;
20.3. If any of the products does not conform with the contract, please notify us following the procedure described in Clause 8 and through any of the means of communication established for that purpose or by emailing us at [email protected].
20.4. The products we sell often take on the characteristics of the raw materials used in their manufacture. These characteristics, such as variations in color, texture and aroma, will not be considered to be defects or faults. On the contrary, they should be expected and appreciated as they are a sign that the product is natural. We only select the highest quality raw materials, but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
21. PRODUCTS THAT ARE DEFECTIVE OR DO NOT CONFORM TO THE CONTRACT
21.1. If you consider that the product delivered to you does not have the features or qualities indicated on our website, has any sort of manufacturing defect, may be in poor condition due to problems related to transport or otherwise, or related to cosmetic monitoring issues (and therefore used or open), please contact us immediately through our contact channels providing the details of your order and indicating the defects which, in your opinion, exist in the product delivered, so that we can instruct you on how to proceed.
In the presence of a lack of conformity in the product and in general, the consumer has the right to the repair of the product (when possible) or to its replacement, to a price reduction (where appropriate) or to the termination of the contract which implies the return of the product by them and the corresponding refund of the amount paid. However, please note that these options are not always possible and depend on the type of product and company policy, respectively.
Given the type of products sold by COCUNAT, you will have the option of the item being replaced or a direct refund of the amount you paid and the return of the defective item if the first option is not possible.
21.2. Please note that if the lack of conformity is minor, the contract will not be terminated.
21.3. In these circumstances, COCUNAT will carefully examine the returned product and contact you by email within a reasonable time period to explain whether it will be replaced free of charge or, if this is not possible, whether you will receive a refund of the amount paid for the product.
The refunding or replacing of the item will be performed as quickly as possible and always within fourteen days following the date of sending the email confirming whether the non-conforming item will be replaced or the price paid for it will be refunded.
21.4. The amounts paid for those products being returned as a result of a fault or defect, when this actually exists, will be refunded in full, including the charges incurred in delivering the item to you and any charges that you, where relevant, have incurred in returning it to us. The refund of the price paid will be performed through the same means of payment that you used to make the purchase.
21.5. Generally, you may return the defective product free of charge, handing it to the courier that COCUNAT sends to the address provided, after having asked for the product to be collected.
To process this type of return, please send us an email to [email protected] or call us on 0034 911 980 581.
22. LIABILITY AND DISCLAIMERS
Except where expressly stated to the contrary in these Terms and Conditions, our liability in relation to any product purchased through our website will be limited strictly to the price paid for that product.
23. INDUSTRIAL AND INTELLECTUAL PROPERTY
23.1. The domain name, as well as the entire content of the COCUNAT website, blog and social media (e.g., web design, photographs, drawings, texts, denominations, marks, images, videos, etc.) are owned by COCUNAT.
COCUNAT has the sole right to use the corresponding intellectual property rights, because it either owns them or has express authorization to use them, so any partial or full reproduction of the content using any procedure and in any media must have the prior express authorization of COCUNAT.
23.2. Users are strictly prohibited from using the website or any part of it for purposes other than their personal, private and commercial use, in particular through the downloading, reproduction, transmission, representation or dissemination of its content.
23.3. The creation of hypertext links to any of the website’s pages or the elements that comprise them is prohibited unless prior written authorization has been received from COCUNAT, which may revoke this at any moment.
This will not prevent them from using this website to the extent necessary to copy the information about their order or contact details.
24. VIRUSES, HACKING AND OTHER CYBERCRIMES
24.1. You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or damaging program or material. You must not attempt to gain unauthorized access to this website, to the server on which this website is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial-of-service attack or distributed denial-of-service attack.
24.2. By breaching this Clause, you may be committing a criminal offense under the applicable legislation. We will report any breach of that legislation to the relevant law enforcement authority and cooperate with them to discover the identity of the attacker. Similarly, in the event of a breach of this Clause, you will immediately cease to be authorized to use this website.
24.3. COCUNAT accepts no liability for any loss or damage resulting from a denial-of-service attack, virus or any other technologically harmful or damaging program or material that may affect the user’s computer, IT equipment, data or materials as a result of the use of this website or the downloading of its contents or those contents to which it redirects the user.
25. LINKS FROM OUR WEBSITE
If our website contains links to other third-party websites or materials, these links are provided for information purposes only and we have no control over the content of those websites or materials. Therefore, COCUNAT accepts no liability for any damages or losses arising from their use.
26. WRITTEN COMMUNICATIONS AND COMMUNICATION CHANNELS WITH COCUNAT
26.1. We will contact you by email or provide you with information by placing notices on our website. For contractual purposes, you consent to use this electronic means of communication and accept this means of communication between you and COCUNAT.
Any notifications that you send us must reach us through our email address [email protected] or via the form that can be found on our website.
26.2. In accordance with the provisions of the first section and unless stipulated otherwise, we may send you notifications either by email or to the mailing address you provided when placing the order.
27. EVENTS OUTSIDE OUR CONTROL
27.1. We will not be liable for any failure to perform, or delay in performance of, any of the obligations adopted when this is caused by events outside our reasonable control (“Cases of Force Majeure”).
Cases of Force Majeure include any act, event, non-occurrence,
omission or accident outside our reasonable control, including the following:
a) Strikes, lock-outs or other industrial action.
b) Civil commotion, riot, invasion, terrorist attack or threat, war (declared or not) or threat or preparation for war.
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
d) Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
e) Inability to use the public or private telecommunications networks.
f) The acts, decrees, legislation, regulations or restrictions of any government or public authority.
g) A global pandemic similar to SARS COVID19.
It will be understood that the obligations will be suspended while the Case of Force Majeure
continues and we will have an extension of time for performance for the
duration of that period. We will make every effort to bring about an end to the Case of Force Majeure or find a solution that allows us to fulfil our obligations despite it.
27.2. As an exception and due to the global health crisis caused by Covid-19, refund periods may be interrupted due to incidents, mobility restrictions, etc. arising from the declaration by the Spanish Government of a State of Emergency, for as long as the Law establishes.
28. WAIVER
If we fail to insist upon strict performance by you of any of your obligations under a Contract or these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under that Contract or the Terms and Conditions, this shall not constitute any waiver of such rights or remedies and shall not release you from compliance with such obligations.
No waiver by us of any specific right or remedy shall constitute a waiver of any other rights or remedies arising from a contract or the Terms and Conditions.
No waiver by us of any of these Terms and Conditions or of the rights and remedies derived from a contract shall be effective unless it is expressly stated to be a waiver and it is formalized and communicated to you in writing in accordance with the section on Notices above.
29. PARTIAL INVALIDITY
If any of these Terms and Conditions or any provisions of a contract are determined to be invalid or without effect through a final ruling from a competent authority, the remaining terms and conditions will remain in force and will be unaffected by that declaration of invalidity.
30. FULL AGREEMENT
These Terms and Conditions and any documents expressly referred to therein constitute the full agreement existing between you and us in relation to their subject matter and replace any other pact, agreement or promise previously established between you and us verbally or in writing.
31. OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify these Terms and Conditions. The modifications introduced will not apply retrospectively.
If you do not agree to the amendments made, we recommend that you do not use our website.
32. APPLICABLE LEGISLATION AND JURISDICTION
32.1. These Terms and Conditions will be governed as established in Spanish law, without prejudice to the legal consumer and user protection regulations that may apply.
32.2. In the event of disputes arising from the use of our website or the purchase of our products, and without prejudice to the mandatory jurisdiction rules established by the legislation for the protection of consumers and users where this applies, the parties expressly renounce any other jurisdiction to which they may have the right and agree to submit to the courts of the city of Barcelona.
33. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
33.1. We welcome your comments and suggestions. Please send us these comments, suggestions and queries through our contact channels or to the mailing address indicated in Clause 2 of these Terms and Conditions. In addition, we have official complaint forms available for consumers and users. You may request them by writing to us at [email protected].
33.2. Similarly, you can send us your complaints and claims through our contact channels or to the email address [email protected] and these will be dealt with by our customer service team as quickly as possible and always within the legally established deadline. Similarly, they will be registered with a reference number that we will share with you and that will allow you to monitor them.
33.3. Similarly, COCUNAT informs you that the European Commission has enabled, for those consumers living in the European Union, an alternative online out of court dispute resolution process for any cases where a problem arises with your online purchases through our website. This can be accessed via the following link:
If you consider that as a consumer your rights have been violated, you can send us your complaints to the email address [email protected] in order to request an out of court resolution of the dispute.
34. CONTACT
Please bear in mind that the email address [email protected] has been provided to allow easy and direct access to the identifying data of COCUNAT S.L. as a company selling goods and to allow you to send us any complaints or claims that you deem appropriate.
For any comments, suggestions, queries or any matters other than those set out above, please use our normal contact channels, which are: the social media (Facebook and Instagram), our contact form at www.cocunat.com or by email to [email protected].
For more information, please see the “Contact” section of the website.
Last update: March 30, 2021
ANNEX
Model withdrawal form (Only to be completed and sent
if you wish to withdraw from the contract)
For the attention of COCUNAT, S.L., operating under the trade name “COCUNAT,” with an address for the purposes of returns at Calle Newton 22, 08635 SANT ESTEVE SESROVIRES, Barcelona, Spain and email address [email protected].
I hereby notify you that I withdraw from my sales contract for the following products:
Ordered on/received on (*):
Consumer’s name:
Consumer’s address:
Consumer’s signature (only if this form is presented in paper)
Date:
(*) Delete as appropriate
