All text, graphics, photographs, logos, trademarks, artwork, user interfaces, visual interfaces and computer code (the "Content") belongs to Easycosta (or is licensed to Easycosta). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Easycosta' prior written permission.
1. Product Descriptions on our Website
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our products.
2. Product Availability
2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then Easycosta shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
2.2 If, due to unforeseen circumstances or in the event of supply difficulties it is necessary to substitute a perishable product (please note that this includes perishable products supplied as part of a hamper), the Product will be of equal or greater value than that which it replaces, albeit at no extra cost to you. If you receive the substitute product and do not want to accept it, then we will reimburse you for the cost and return of that product.
3. Pricing Policy
3.1 Product prices shown on the Website are in Euros and US Dollars and are inclusive of Spanish value added tax ("IVA") (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the website. Product prices shown on the website in US Dollars are based on the price of the product (in Euros) set at the beginning of each season and applying the existing currency exchange rate. Product prices shown on the website (irrespective of which currency you choose to pay in) may change from time to time, for example, if the applicable currency exchange rate changes before your order is accepted or the product you are ordering is subject to a promotional discount or offer which is either applied or withdrawn during the selling period.
3.2 Although we try to ensure all our products prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a product you have ordered we will be unable to accept your order and shall contact you as soon as possible in order to give the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced product as cancelled.
4. Order process
4.1 Easycosta takes all reasonable care, in so far as possible, to keep the details of your order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any personal information you provide when accessing or placing an order on the website.
4.2 We shall be entitled to supply products ordered as part of one order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that products are dispatched or available for collection separately. We also reserve the right to supply only part of an order.
5. Payment and payment methods
5.1 If you choose to pay for your order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.
5.2 By placing your Order and making an offer to buy a product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your order to your nominated delivery address.
6.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to, but also the name of its recipient. We cannot be liable for the delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
6.2 All parcels will be delivered by us and will require a signature on delivery.
6.3 Please note that delivery of your Order may take longer during sale or other busy periods, but you will be notified if this is the case. That will not affect downloadable products which can be downloaded rightafter the payment.
6.4 We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. Easycosta shall not be liable for any delay or failure by us to deliver your order within the estimated timescales as a result of such delays.
7. Returns Policy
7.1 Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact. We reserve the right to consider the condition of any product that you wish to return and make any deductions if there are indications that the product, its tags, security devices or seals have been used, removed, broken or tampered with.
7.2 Please note that your right to cancel or return a Product does not apply to personalised, perishable or time critical Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return:
a) Products which have been made to measure, altered, or personalised to your specification;
b) Newspapers, periodicals or magazines (with the exception of a subscription contract for such publications);
c) Event tickets;
d) Hampers, food, beverages and other perishable goods.
e) Unsealed beauty items including toiletries and cosmetics which have been opened, tested or partially used.
7.3 Where lingerie, swimwear and cosmetics are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided if the hygiene seals have been removed, broken or tampered with.
7.4 Please note that clauses 7.2 and 7.3 do not apply to faulty or incorrectly supplied products where your statutory rights are unaffected.
How to return an item:
7.5 If your order was delivered to you within Spain and you now wish to return it then please follow the steps below:
a) Take the delivery note that accompanied your order and fill in the relevant sections to indicate which product(s) you wish to return. Please be sure to indicate the quantity of a particular product that you are returning to us as well as the reason for your return. Please select one of the appropriate "return codes" (as described on the delivery note) to indicate the reason for your return.
b) Having completed the delivery note, please be sure to include it in your returns package along with the relevant product(s).
c) Please use the returns address label (found at the bottom of your delivery note) and attach it to the outside of your returns package. Please note that Easycosta cannot be liable for any products that go missing as a result of your failure to use this label.
7.6 Please note we will not reimburse any costs incurred by you in returning your order. You can either send back the package or return the goods personally to our department: Calle Picasso 1, 29780 Nerja. Please ensure that you bring the delivery note that you got with your order and your payment card (unless you paid by gift card, e-voucher or PayPal).
8. Liability and Indemnity
8.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
8.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
8.3 Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:
a) contact us for a full refund within thirty (30) days of delivery;
b) contact us for a repair or replacement.
8.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or content on the Website, a Product, or the conduct of other Users of the Website, even if Easycosta has been advised of the possibility of such damages.
8.5 The Website may also contain links to other websites, which are not operated by Selfridges. When you activate any of these you will leave the Website and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website which is not under our control.
8.6 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the website, or the use by any other person accessing the website using your Easycosta Account and/or your Personal Information.
9.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
9.2 Easycosta reserves the right to amend, remove or vary the website, any page of the website, any content on the website, or any service offered on the website at any time and without notice.
These terms and conditions shall be governed by and construed in accordance with the laws of Spain and you irrevocably submit to the exclusive jurisdiction of the courts of Spain.