Terms and Conditions
Article 1: Definitions
- In these 7.ROOMS General Terms and Conditions ("Terms and Conditions"), capitalized words, abbreviations and expressions have the meaning given in Article 1.3 of these Terms and Conditions or the meaning given in the Agreement.
- The word "including" shall mean, inter alia, without prejudice to the generality of any description, definition, term or phrase preceding that word, and the word "include" and its derivatives shall be construed accordingly.
-"Consumer" means a natural person who is not a natural person acting in the course of a professional business.
-"Customer": means the business entity or natural person or natural person, who is a natural person acting in the exercise of a profession or business, who enters into an Agreement with 7.ROOMS or plans to purchase the 7.ROOMS.
-"Parties": 7.ROOMS and Customer.
-"Products": all products sold by 7.ROOMS through its website: http://www.7rooms.es
- "Website ": http://www.7rooms.es
Article 2: Offers
- All offers, propositions, proposals, discounts either in the shop or on the website and other expressions of 7.ROOMS are optional and non-binding, unless otherwise stated in writing by 7.ROOMS.
- The Customer shall guarantee the accuracy and completeness of the information it submits to 7.ROOMS and on which 7.ROOMS bases its offer.
- 7.ROOMS shall not be bound by its offer, if the Customer would have understood that the offer or part of it contains an apparent error or typing error.
- The offers and proposals of 7.ROOMS do not automatically apply to future orders.
- If 7.ROOMS sends an offer, price list or brochure, 7.ROOMS is not obliged to deliver or accept an order.
Article 3: Acceptance of order / conclusion of agreement
- An order / agreement on the part of the Customer shall come into effect on the date on which 7.ROOMS confirms the order in writing or by e-mail, provided that none of the exceptions in this Article apply.
- 7.ROOMS reserves the right not to accept your order in the event that, for example, we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the item ordered is out of stock or does not meet our order. quality control standards and is withdrawn.
ROOMS reserves the right to cancel any order prior to shipment if we find that the price is incorrect. In such a case, we will notify the Customer by email and give the Customer the option to place a new order for the correct price. If we are unable to contact you, your order will be automatically cancelled.
- An order confirmation from 7.ROOMS is considered an accurate and complete representation of the order. If 7.ROOMS commences, the delivery of the Products or the sending of an invoice, these acts are deemed to have the same status as the order confirmation.
- If the Customer, who is not a Consumer, does not contest the order confirmation within eight (8) days in writing or by email, the Customer is subject to this confirmation.
- The Customer shall guarantee the accuracy and completeness of the information he/she sends to 7.ROOMS at the time of the order. 7.ROOMS is not liable for any damages as a result of information provided by the Customer that is not complete or accurate.
Article 4: Delivery
- 7.ROOMS shall deliver the Products ordered to the address provided by the Customer to 7.ROOMS.
- The Products shall be at the Customer's own risk and expense from the time the Customer has received the Products.
Article 5: Delivery period or date
7.ROOMS shall use its best endeavours to deliver the Products within three (3) to seven (7) working days from confirmation of the order in Spain. 7.ROOMS determines any delivery date or term appointed or agreed by 7.ROOMS based on its best knowledge and information available at the time of order confirmation. A delivery date or term is never a strict delivery period or deadline and cannot be construed as a deadline, resulting in 7.ROOMS' liability for damages incurred by the Customer.
If the Product due to any delay in delivery cannot be delivered in its entirety within seven (7) business days, nor within a period of twenty-one (21) days from order confirmation, 7.ROOMS will notify the Customer and the Customer has the right to cancel the order without cost and without being liable to 7.ROOMS. After termination, 7.ROOMS shall refund any amount already paid by the Customer.
- In the event that the Parties agree to a strict delivery time or deadline, 7.ROOMS shall in no event be in default than after 7.ROOMS has failed to comply with a notice of default containing a reasonable time to comply with the order.
7.ROOMS is entitled to partial delivery, unless the Parties explicitly agree otherwise in writing or the nature of the order does not provide for partial delivery. In case of partial delivery, the invoice for the partial delivery must be paid in accordance with the payment terms in the invoice, unless the Parties explicitly agree otherwise in writing.
Article 6: Price and payment
- All prices on the website, the shop, the order confirmation and in any documentation or correspondence are in Euros and include any value added tax (VAT).
- Unless otherwise stated, the Customer must pay any amounts due within seven (7) days of the date of order confirmation.
7.ROOMS shall be entitled to ask the Customer for payment in advance. Delivery of the Products shall not commence before the Customer has paid the advance payment in accordance with Article 8.2. In the event that the Customer is a consumer, 7.ROOMS is not entitled to request advance payment of more than fifty (50%) percent.
If the Customer contests the invoice, he must submit the protest against the invoice within seven (7) days after the date of the invoice and mention the reasons for his protest clearly and completely. If the Client does not protest against the invoice within the aforementioned period, the Client is deemed to have accepted the invoice.
If the Customer does not pay the amounts due or does not pay the amounts due in a timely manner, the Customer is due, in the case of a Consumer, only after receiving a demand or notice of payment from 7.ROOMS to pay the outstanding amount within fourteen (14) days, statutory (commercial) interest and 7.ROOMS may charge all extrajudicial expenses in addition to the full amount. In case the Customer is a Consumer, 7.ROOMS may charge extrajudicial legal costs with a minimum of 40 EUR, -.
- 7.ROOMS is entitled to suspend / postpone the delivery of the Products until such time as the Customer has paid the outstanding amount, including interest and costs, in full.
- Price increases within three (3) months after confirmation of the order / conclusion of the agreement are only permitted if they are a direct result of Spanish laws or regulations.
- ROOMS may increase prices after three (3) months after confirmation of the order / conclusion of the agreement if they are a direct result of Spanish laws or regulations. In this case, the Customer has the right to cancel the order / agreement on the date on which the price increase becomes effective.
Article 7: Consumers right of cancellation
- The consumer has the right in case of an online purchase on the website to terminate the agreement / order without reason ("right of cancellation") within a cooling-off period ("cooling-off period") of fourteen (30) days after receipt of the product. 7.ROOMS has the right to request the reason for cancellation, but the consumer cannot be obliged to provide the reason.
- If 7.ROOMS fails to provide the Consumer with the legally prescribed information on the Right of Cancellation or fails to provide the Consumer with the model withdrawal form for the execution of the Right of Cancellation, the Cooling-Off Period shall end twelve (12) months after the cooling-off period set out in Article 7.1.
- If 7.ROOMS provides the Consumer with the information referred to in Article 7.2 and/or the model withdrawal form within twelve (12) months after the start date of the original Cooling-Off Period, the Cooling-Off Period shall end fourteen (14) days after the Consumer receives the information and/or the model withdrawal form.
- Article 7.1 also applies to Customers, not being a Consumer.
Article 8: Obligations of the Consumer during the cooling-off period.
- The Consumer shall take due care of the Product and packaging during the cooling-off period. The Consumer shall only unwrap and use the Product to the extent necessary to assess the nature, characteristics and functioning of the Product. The starting point for the Consumer's assessment is the inspection that the Consumer would carry out if purchasing the Product in a physical store.
- The Consumer is only liable for the devaluation of the Product, which is the direct result of misuse beyond the permitted use in Article 8.1.
- The Consumer is not liable for any devaluation according to Article 8.2 if 7.ROOMS has not provided the required information about the Cancellation just before or at the time of the conclusion of the agreement.
- Article 8.1 and Article 8.2 also apply to Customers, not being a Consumer.
Article 9: Enforcement of the consumer's right of cancellation
- ROOMS within the cooling-off period by using the model withdrawal form or by means of another clear and unambiguous statement to: firstname.lastname@example.org
- As soon as possible, but no later than fourteen (30) days after the day following the notification referred to in Article 9.1, the Consumer shall send the Product back to the address indicated by e-mail.
- 7.ROOMS has a service and return policy: http://www.7rooms.es/pages/envio-y-devoluciones
- In any event, the Consumer has returned the Product on time if he/she returns the Product before the end of the Cooling-Off Period.
- The Consumer returns the Product with all delivered accessories, including but not limited to the attached seal and label, and in its original condition and packaging, in compliance with 7.ROOMS' reasonable and clear instructions:
Place the items in the original shipping box or any other solid cardboard box.Complete the return form and include it inside the box.
Close the box and tape it shut.Send the package with the return form to the address provided by email.
- The risk and responsibility for proof of timely and accurate execution of the Right of Cancellation rests with the Consumer.
- The Consumer discovers the costs of returning the product to 7.ROOMS, unless the Consumer is not informed about the costs.
- When returning products that include a free gift, be sure to include the free gift with the return or the refund amount will be adjusted to deduct the retail price of the free gift.
Article 10: Right of cancellation: Love Stories Intimates obligations
- If 7.ROOMS receives the notification referred to in Article 9.1, 7.ROOMS shall immediately confirm the cancellation in writing or by e-mail.
- ROOMS shall refund all payments made by the Consumer to 7.ROOMS in connection with the cancellation of the Product and shall also refund the shipping costs charged to the Consumer for the Product, within fourteen (14) days after notification of the cancellation. 7.ROOMS has the right to suspend payment until the Consumer provides proof that the Product has been returned to 7.ROOMS.
- The refund by 7.ROOMS shall be made by the same method of payment used by the Consumer, unless the Consumer accepts another method of payment. The refund will be made at no cost to the Consumer.
- If the delivery of the Product by 7.ROOMS was made by a more expensive form of delivery than the cheapest standard delivery, 7.ROOMS does not have to pay the additional costs over and above the standard costs.
- This article also applies to Customers, not being a Consumer. Article 11. Retention of title and rights.
- All Products delivered to Customer shall remain the property of 7.ROOMS until such time as all amounts owed by Customer to 7.ROOMS pursuant to the Agreement have been paid in full.
- All rights under this article are transferred to the Client on condition that the Client pays the agreed amounts on time and in full.
Article 11: Force Majeure
7.ROOMS shall not be obliged to perform any obligations, including any warranty obligations agreed between the Parties, and shall not be liable for any damages, if it is prevented from performing its obligations as a result of force majeure. Force majeure shall include:
- A force majeure situation encountered by 7.ROOMS' own suppliers, failure by secondary suppliers engaged by 7.ROOMS to comply with the Customer's instructions to properly perform its obligations, defectiveness of items, hardware, software or materials provided by third parties that 7.ROOMS has been instructed by the Customer to use, government measures, power failures, failures affecting the internet, computer network or telecommunications facilities, war, workload, strike, general transport problems and the unavailability of one or more members of staff.
- If a force majeure situation lasts longer than ninety (90) days, either Party shall have the right to terminate the Agreement in writing, without being liable to the other Party. The Customer shall not have the right to suspend or postpone payment for Products already delivered by 7.ROOMS, if necessary, it shall send an invoice to the Customer for these Products.
Article 12: Warranty
- The Products delivered shall be deemed to comply with the specifications agreed by the Parties in the agreement/order, unless the Customer proves otherwise. In any case, the Products shall be fit for normal use at the time of delivery.
- The Customer is obliged to inspect the Products at the time of delivery. The Customer is obliged to investigate the quantity and/or quality of the Products and to investigate whether the quantity and/or quality meet the requirements agreed in the agreement/order.
- If the Customer considers that the Products delivered do not meet the agreed requirements, the Customer must notify 7.ROOMS in writing and with all relevant details within fourteen (30) days after the Customer has detected the defects or flaws in the Products. The Customer's notification must include evidence that the Products delivered do not meet the agreed requirements.
- ROOMS shall, at the Customer's request, send the defective Product to the address provided by e-mail.
- The Customer shall at all times take care of the defective Products and, in the event that the Products are to be returned, shall arrange for sufficient packaging to prevent further damage.
- The Customer who is not a Consumer is not entitled to suspend or postpone payment for the Products delivered.
Article 13: Intellectual property
- All intellectual property rights provided by 7.ROOMS under the agreement with the Customer, including but not limited to trademarks, patents, copyrights, design rights, trade secrets, logos, software, source codes, data files, hardware or other materials such as analyses, designs, documentation, reports, quotations and related preliminary material developed shall remain exclusively with 7.ROOMS, its licensors or its Suppliers. The Customer shall only acquire the rights of use that are explicitly granted in the agreement/order, these Terms and Conditions and by law. Any rights of use granted to the Customer shall be non-exclusive, non-transferable, non-assignable to third parties and non-sublicensable.
Article 14: Liability
- ROOMS' total liability due to a failure attributable to the performance of the agreement/order or for any other reason, including explicitly the breach of a warranty obligation agreed with the Customer, shall be limited to compensation for direct damages not exceeding the sum of the agreement/order (excluding VAT in the event that the Customer is not a Consumer) or part of the agreement/order (e.g. the relevant defect Customer Product) from which the liability of 7.ROOMS derives.
- ROOMS is not liable for the incorrect use of the Products delivered by the Customer or for the use of the Products delivered for a purpose for which the Product or Service is not suitable.
- Except where performance by 7.ROOMS is permanently impossible, 7.ROOMS shall only be liable as a result of an attributable failure to perform an Agreement if the Customer gives 7.ROOMS an immediate notice of default in writing, setting out a reasonable period within which the breach can be remedied, and 7.ROOMS is still unable to perform its obligations after this period. The notice of default must contain as full and detailed a description of the breach as possible, in order to ensure that 7.ROOMS has the opportunity to respond adequately.
- A condition for the existence of any right to compensation shall in all cases be that the Customer notifies 7.ROOMS in writing of the loss or damage as soon as possible after it occurs, but no later than two (2) months after the establishment of the damage by the Customer. Any claim for damages against 7.ROOMS shall expire by the mere passage of twelve (12) months from the date the claim arose.
- The exclusions and restrictions to 7.ROOMS' liability, as described in the preceding paragraphs of this article, shall not affect the remaining exclusions and restrictions to 7.ROOMS' liability set forth in these Terms and Conditions in any way.
- The exclusions and restrictions referred to herein shall no longer apply if the loss is the result of intentional acts or deliberate recklessness on the part of 7.ROOMS, its management or its employees.
Article 15: Termination for breach
- Both Parties shall only be entitled to terminate the Agreement as a result of an attributable breach of the performance of this Agreement if the other Party, in all cases, after written notice of default, provides as many details as possible and sets a reasonable time limit within which the breach can be remedied, attributably fails to comply with its fundamental obligations arising from this Agreement. The Client's payment obligations and all other co-operation obligations imposed on the Client or a third party for the Client to engage the Client shall in all cases be deemed to be fundamental obligations arising from the Agreement.
- Either Party shall be entitled to terminate the Agreement in whole or in part, with immediate effect, in writing and without notice of default if the other Party is granted a moratorium on payments, provisionally or otherwise, if a winding up petition is filed in respect of the other Party, if the other Party's company is liquidated, the other Party's company is declared bankrupt or the other Party's company is terminated for reasons other than reconstruction or merger of companies, or if there is a change in the individual or board that has decisive control over the Client's company. ROOMS shall in no event be obliged to refund sums of money already received or to pay any compensation in the event of such termination.
Article 16: Terms and Conditions
- All offers, agreements and other statements under which 7.ROOMS shall deliver the Products to the Customer shall be subject to these General Terms and Conditions, unless otherwise specified in writing by 7.ROOMS. All offers or representations by 7.ROOMS are not binding on 7.ROOMS, except where 7.ROOMS specifies otherwise in writing.
- Additions to or deviations from these Terms and Conditions shall only apply when agreed in writing between the Parties.
- The Customer accepts the Terms and Conditions by placing an order for the delivery of Products with 7.ROOMS. 7.ROOMS has the right to alter, modify, change these Terms and Conditions. The amended Terms and Conditions shall apply to the Customer's next order.
- The enforceability of any of the Customer's Terms and Conditions of purchase or any other Terms and Conditions is expressly disclaimed, unless otherwise agreed in writing by 7.ROOMS.
- If 7.ROOMS makes use of a third party for the performance of the agreement, e.g. delivery of Products, these Terms and Conditions apply.
- If any provision of these Terms and Conditions is null and void or becomes null and void, the other provisions of these Terms and Conditions shall remain in force. In such an event, 7.ROOMS and the Customer will consult with each other to agree on new provisions to replace the null and void provisions. In doing so, the purpose and meaning of the null and void provision shall be taken into account as far as possible.
Article 17: Applicable law and disputes
- Agreements between 7.ROOMS and the Client are governed by Spanish law.
- Any dispute that may arise between 7.ROOMS and the Customer on the basis of an agreement concluded between 7.ROOMS and the Customer or as a result of other agreements arising from such an agreement, shall be brought exclusively before the competent civil court in Madrid, Spain.
- The Consumer has in deviation of Article 19.2 the right to bring any dispute between the parties before the competent civil court.
Article 18: Taxes and duties
- All European Union countries are shipped on a DDP (Delivery Duty Paid) basis, which means that taxes and duties are included in the final price. Important: some countries outside the European Union, e.g. the United States, require an import duty payment upon arrival of your order. ROOMS does not reimburse these costs.
Article 19: Important information
- All orders are fully traceable through your tracking code. Delivery times are provided as guidelines only and do not take into account possible delays caused by payment authorization and/or stock availability.