General Terms of Service(Question # 112)
Updated on: 24/05/2018
WEBSITE TERMS OF SERVICE
These terms and conditions (the “Terms”) will apply to you if you are using the Website, either as a guest or as a User, and to the provision of the Services to you. Use of our Website includes without limitation accessing, browsing, or registering as a User. By using our Website and/or our Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website or our Services.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause A26. Every time you wish to use the Website or the Services, please check these Terms to ensure you understand the terms which will apply at that time.
“Account” means a User’s account created after registration on the Website.
"Account Details" refers to any information held by Tostadora about a User, such information having been submitted by the User when (or after) registering and creating an Account on the Website.
“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; and “Intellectual Property” means any artistic, musical, dramatic or literary work, invention, sign, symbol, logo, sounds, slogan, colour, computer program or other materials on which any person has Intellectual Property Rights.
"Material" refers to any information, data, content, file, link, text, message, image, sound or Account Details transmitted through the use of the Website.
“Personal Store” means the webpage in our Website associated with an Account where the User can display and sell its products to other Users.
“Services” mean the provision of online services through the Website, including sale of goods and the provision of services to create personalised items such as t-shirts, sweatshirts, hoodies, bags, underwear, etc. and to purchase or sell such items through the Website;
"Terms" refers to the terms and conditions set out in this document;
"Tostadora", is the trading name of Tostadora.com, belonging to Nextalia Ventures S.L, a spanish establishment.
"User" refers to any person who registers their details with the Website to create an Account and thereby agrees to comply with these Terms;
"Website" means the website http://www.tostadora.com;
"You" or "Your" means a guest or a User using our Services or accessing our Website.
2. Information about us
2.1 We are Tostadora.com a [website] belonging to Nextalia Ventures S.L. (CIF: B-63771349), a company with a business address of, C/Eduard Maristany 352-354 08019 Badalona, Barcelona, Spain.
Our VAT number is ESB63771349. We operate the website https://www.tostadora.com.
2.2 To contact us, please see our Contact Us page. You can also write to us at Tostadora.com, Nextalia Ventures S.L., C/Eduard Maristany, nº 352-354, 08918 Badalona (Barcelona), Spain. Phone Number: +1 646 934 66 59 or email us at [email protected]
3. Privacy and Protection of personal data
In data protection, LATOSTADORA applies the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016).
4. Accessing our Website
4.1 We do not guarantee that Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
4.2 You are responsible for making all arrangements necessary for you to have access to our Website.
4.3 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5. Changes to our Website
5.1 We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
5.2 We reserve the right to modify the distribution, organisation and appearance of our Website and Services, and may change or discontinue any aspect of our Services and/or prices without prior notice and without any liability to any party.
5.3 We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
6.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
6.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
6.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
7. Linking to our Website
7.1 You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
7.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7.3 You must not establish a link to our Website in any website that is not owned by you.
7.4 Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
7.5 We reserve the right to withdraw linking permission without notice.
7.6 If you wish to make any use of content on our Website other than that set out above, please contact [email protected]
8. Third Party Links and Resources in our Website
8.1 We will not be held responsible for websites or resources that may be accessed through our Website, as these linked websites and resources are the responsibility of their respective owners. We have no control over the contents of those sites or resources.
8.2 We neither approve nor endorse the products, services, content, information, data, files and any kind of material on such websites or resources and we are not responsible for the quality, legality, reliability and usefulness of the information contained and services available on linked websites.
8.3 In the event that the websites or resources are deemed inappropriate by us or that a competent authority have confirmed the illegality of such websites or resources and we are expressly notified of this, the links will be immediately removed.
9. Registration as a User
9.1 In order to use the Services you must register and create an Account on the Website. Upon completing the registration process you will create an Account and receive a password, a username and an account number.
9.2 Your Account is personal and shall not be transferred to any individual. In the event that another individual accesses the Account due to you having provided any of your Account Details, you shall be liable for this individual's access. You shall compensate us for all and any losses, damages, costs and expenses we may suffer as a result of any failure by you to keep your Account Details confidential.
9.3 You are responsible for: (i) maintaining the confidentiality of the password and username; (ii) not permitting others to use your Account; (iii) not using the Accounts of other Users; (iv) refraining from selling, trading, or otherwise transferring your Account to another party; (v) immediately notifying us via email at [email protected] if you have any suspicion of unauthorised use of your password or Account or any other breach of security.
9.4 You must not provide false Account Details, which include but are not limited to your name, email address, age or location. In the event that we have reasons to believe that you have provided us with false Account Details, we reserve the right to terminate the provision of our Services to you and restrict your access, suspend or cancel your Account without prior notice. You agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
9.5 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
9.6 You warrant that the email address with which you register your Account is an active, valid email address controlled by you.
10. Use of our Services
10.1 By using our Services, Users can create and purchase products for their own use or sell such products in their own Personal Store.
10.2 We allow Users to browse our Website and buy products displayed on the Personal Stores. If the User wishes to purchase a product, the User can choose the following methods to send us an order:
(a) By placing an order through our Website;
(b) By telephone through the customer service: 1 646 934 6659; or
(c) By fax, letter or email.
11 Age requirement
11.1 You must be at least 16 years old to create an Account and use our Services, including maintaining a Personal Store. We will not provide these Services to you if you do not satisfy this age requirement. If you are under 16 years old, please do not attempt to use our Services.
11.2 By using our Services you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
12 How the contract is formed between you and us
12.1 Our Website pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
12.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 12.3.
12.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched (the “Dispatch Confirmation”). The contract between us will only be formed when we send you the Dispatch Confirmation.
12.4 If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount you paid including any delivery costs charged as soon as possible.
13 Price of products and delivery charges
13.1 The prices of the products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of product(s) you ordered.
13.2 Prices for our products may change from time to time, but changes will not affect any order you have already placed.
13.3 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
13.4 The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
13.5 Our site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a misplacing, we do not have to provide the products to you at the incorrect (lower) price.
14.1 You can choose to pay for purchases by credit or debit card (American Express, MasterCard, Visa, Visa Electron or any other indicated on the Website) cash on delivery or C.O.D. (in certain countries of the European Union).
14.2 Payment for the products and all applicable delivery charges is in advance.
14.3 We reserve the right to request a specific method of payment from a User where we believe there is any risk of fraud.
15 Delivery, Cost and Time
15.1 Delivery of an order shall be completed when we deliver the products to the address you gave us and the products will be your responsibility from that time.
15.2 You may choose among different shipping methods available for your specific shipping zone. Delivery times, quality of delivery services, point of delivery and costs will be different for each type of transport.
15.3 We will usually dispatch a product the day after receiving an order. However, any delivery dates we provide to you are an estimate. Time is not of the essence. There are several possible reasons that dispatch may suffer some delays, such as temporary unavailability of stock and prior confirmation with the customer.
15.4 Transport times may be affected by extraordinary incidents with the transporter and difficulties delivering the products. Occasionally our delivery to you may be affected by an event outside our control. See clause 28 for our responsibilities when this happens.
15.5 We are not responsible for any delays caused by the transit agency, but we will replace any order that has been damaged or lost by such agency in reasonable time.
15.6 This clause 15.6 only applies if you are a consumer.
(a) We will contact you with an estimated delivery date, which will be within 5-8 days after the date of the Dispatch Confirmation (“Delivery Deadline”).
(b) If we miss the Delivery Deadline for any products then you may cancel your order straight away if any of the following apply:
(i) we have refused to deliver the product;
(ii) delivery within the Delivery Deadline was essential (taking into account all the relevant circumstances); or
(iii) you told us before we accepted your order that delivery within the Delivery Deadline was essential.
(c) If we miss the Delivery Deadline and you do not wish to cancel your order straight away, or do not have the right to do so under this clause 15.6, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
(d) If you do choose to cancel your order for late delivery under this clause 15.6, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any reasonable sums you have paid to us for the cancelled products and their delivery.
15.7 Please note that there are restrictions on some products for certain international delivery destinations, so please carefully review the information provided to you in respect of such destinations before ordering products.
15.8 If you order products from our Website for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
15.9 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
16 Consumer guarantee
16.1 This clause 16 only applies to you if you are a consumer. This guarantee is in addition to, and does not affect, your statutory rights in relation to products that are faulty or not as described. We do not restrict our liability for loss or damage resulting from our negligence.
16.2 We provide a guarantee that on delivery and for a period of 24 months from delivery, the products shall be free from material defects. If you wish to exercise your right to the guarantee, you may choose to exchange your product or to be refunded in full, in accordance with our return policy in clause 18.
16.3 The guarantee in this clause does not apply to any defects arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to use the products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) products that are personalised or created in accordance with specifications provided by you.
16.4 If you wish to claim your guarantee you can e-mail us at [email protected], contact our Customer Services team by telephone on 1 646 934 6659 or by post to Tostadora.com, Nextalia Ventures S.L., C/Eduard Maristany, nº 352-354, 08918 Badalona (Barcelona), Spain.
17 Cancelation of your contract
17.1 This clause 17 only applies to you if you are a consumer. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of cancellation in this clause 17 or anything else in these Terms.
17.2 Your right of cancellation under this clause 17 does not apply to products that have been worn, washed, damaged or altered.
17.3 You can cancel your contract with us from the date of the Dispatch Confirmation until 30 calendar days after the day on which you receive the product. (the “Cancelation Period”).
17.4 During the Cancelation Period, if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund or an exchange of product, in accordance with our return policy in clause 17.5.
17.5 To cancel a contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website, and email us a copy. If you use this method we will e-mail you to confirm we have received your cancellation.
17.6 You can also e-mail us at [email protected] or contact our Customer Services team by telephone on 1 646 934 6659 or by post to Tostadora.com, Nextalia Ventures S.L., C/Eduard Maristany, nº 352-354, 08918 Badalona (Barcelona), Spain. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
18. Return policy
18.1 If you wish to cancel a contract or claim your guarantee, you should notify us in accordance with clauses 16 and 17 above and specify if you want an exchange of products (by a similar one) or a refund.
18.2 After receiving our confirmation of receipt related to the notification in clause 18.1 above, you shall send the product or products to Tostadora.com, Nextalia Ventures S.L., C/Eduard Maristany, nº 352-354, 08918 Badalona (Barcelona), Spain at your own cost.
18.3 In the case of a refund, we will refund the price you paid for the products (including your payment for delivery up to the amount of the least expensive delivery method offered by us) through bank transfer on the credit card or debit card used by you to pay for the product. If you used vouchers to pay for the product we may refund you in vouchers.
18.4 We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the product, 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us; or
(b) if you have not received the product, 14 days after you inform us of your decision to cancel the contract.
18.5 With the exception of clause 18.7 below, if you return a product, you will be responsible for the costs of returning the products to us.
18.6 In case of an exchange of products, we will dispatch a similar product to you at our own cost by the least expensive delivery method offered.
18.7 In case an incorrect, faulty or mis-described product has been delivered to you, we will bear the reasonable costs of the return and delivery of the correct product to you by the least expensive delivery method offered by us.
18.8 Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
19. Third parties’ services
19.1 We may use third parties to make certain services available through our Website. We do not control these third parties and their services, and you agree that we are not responsible for how you may use those services. These third parties have their own terms of service.
20. Personal Stores
20.1 Users who wish to sell through Personal Stores must accept the Terms of Service for Personal Stores.
21. Unauthorised use
21.1 When using our Services you warrant that you are in compliance with all relevant and applicable laws and regulations of whatever country you are physically located and with all our policies.
21.2 You agree not to disguise, or interfere in any way with, the IP address of the device you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP Address of the device you are using whilst accessing the Website.
21.3 Without prejudice to the right of initiating legal proceedings or reporting the fact to the relevant authorities, in the event that we have reasons to believe that you are making any illegal and/or unauthorised use of our Website or the Services, we reserve the right to restrict your access, suspend or cancel your Account without prior notice. Illegal and/or unauthorised use of the Website or Services includes but is not limited to:
(a) using the Services without satisfying the age requirement of at least 16 years old;
(b) submitting false, inappropriate or inaccurate Account Details;
(c) engaging in any illegal and/or fraudulent activity;
(d) acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or a third party;
(e) promoting any illegal activities;
(f) promoting or sending messages which contain statements that we consider abusive, immoral, offensive, racist, harassing, threatening, homophobic, sexist, bigoted, or hateful;
(g) collecting information of Users without authorisation for whatever purposes, including the purposes of sending unsolicited email;
(h) expressing or implying that any statements made by you are endorsed by us;
(i) impersonating any person connected to our Website or any service provided on it or otherwise misrepresents your association with any such person;
(j) infringing Intellectual Property Rights belonging to us or to third parties, which includes but is not limited to copying, modifying or creating versions of any technology used on our Website;
(k) providing information to circumvent manufacturer-installed copy protect devices;
(l) providing, creating or disseminating computer viruses;
(m) providing instructional information about illegal activities, including but not limited to making or buying illegal weapons or drugs;
(n) violating a User’s privacy;
(o) soliciting passwords or Account Details;
(p) personally identifying information from other Users for commercial or unlawful purposes;
(q) transmitting "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
(r) Use any type of script, robot or technology to monitor the Website, except for counters or services such as "Google Analytics" for your Personal Store;
(s) promoting information that you know to be false or misleading; and
(t) engaging in commercial activities connected to the Website which are not part of our Services, including but not limited to sales, promotion or marketing of any kind, without our prior written consent.
21.4 You acknowledge and affirm that you are solely responsible for the contents of any Material that you transmit through the use of our Website.
21.5 We have no obligation to accept the transmission of any Material whatsoever and will decide at our sole discretion what Material may be transmitted through use of the Website. We reserve the right to remove any Material (or link to Material) that is offensive, immoral, unlawful in whatever jurisdiction, has potential to breach third party’s rights or violates any of our policies, which includes but is not limited to:
(a) pornographic or sexually explicit Material;
(b) Material that is detrimental to the conduct of our business or which may result in legal liability for you, us or a third party;
(c) Material that promotes any illegal activities or the content of which is abusive, immoral, offensive, racist, harassing, threatening, homophobic, sexist, bigoted, or hateful;
(d) Material that exploits people under the age of 18;
(e) Material that violates third party’s rights, including but not limited to Intellectual Property Rights;
(f) Material that contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page); or
(g) "junk mail", "chain letters" or unsolicited mass mailing or "spamming".
21.6 We reserve the right to use the Materials published by Users in our Website, including in the webpages questions, comments, forums, ideas and competitions, for the purposes of marketing or other promotional events without these communications being considered confidential information of the User.
22.1 We reserve the right, but have no obligation, to monitor transactions and communications that occur on our Website and any dispute between you and another User.
22.2 If we restrict your access, suspend or cancel your Account due to suspicion that you have breached these Terms, any law or rights of any third party, we will investigate the situation and inform you of our conclusions and proposed actions as soon as possible.
22.3 We reserve the right to report any fact that we are required by the governing authority, the judge or another public authority under the law and to provide User’s information, Account Details, and any information to the relevant authorities.
23. Complaints procedure and dispute resolution
23.1 If you are unhappy about any actions we take, including the conclusions of any investigations, or have any complaints, concerns or questions regarding our Services, you can contact us via email at [email protected] When contacting us, please include your username and account number in all correspondence.
24. Intellectual property rights
24.1 The Intellectual Property Rights on Intellectual Property related to the provision of Services and the Website, its functionality and appearance, are either owned by or licensed to us.
24.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
24.3 You are expressly prohibited from:
(a) reproducing, copying, sharing, editing, transmitting, uploading, modifying, altering, incorporating into any other materials, removing, commercialising or using any Intellectual Property related to the provision of Services and the Website, its functionality and appearance;
(b) doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website and/or our business; and
(c) doing anything that could be considered an infringement of the Intellectual Property Rights owned and/or licensed to us without first obtaining the written permission of the owner of the Intellectual Property.
24.4 You represent and warrant that all Intellectual Property Rights on the Intellectual Property that you publish or display on the Website are either owned by or licensed to you.
24.5 As a result of publishing or displaying any Intellectual Property on any area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display, distribute and sublicense such Intellectual Property for the purposes of providing our Services, which includes but is not limited to marketing, production and delivery of products.
24.6 If you are in breach of this clause 24, your right to use our Website will cease immediately and you must, at our option, return or destroy any content you have created, copied or reproduced which infringes our Intellectual Property Rights.
25. Term and termination
25.1 These Terms will remain in full force and effect while you are a User of the Services.
25.2 If you wish to cease being a User, you can do so at any time by closing your Account in accordance with the step by step guide available in the relevant Website’s section. Alternatively you can send us an email at [email protected]
25.3 We may, for any reason and at any time, restrict your access, suspend or terminate your Account and remove any Material or Intellectual Property transmitted by you by sending notice to your email as indicated in your Account Details. We may at any time restrict your access, suspend or terminate your Account without provision of any notice if we have reasons to believe that you are in breach of these Terms, any law or rights of any third party.
26 Our right to vary these terms
26.1 We may revise these Terms from time to time. The Terms for the use of our Website in force at the time you use the Website will apply to you. The Terms for the purchase of products in force at the time you order a product will apply to you.
26.2 If we revise these Terms as they apply to you, we will contact you to give you reasonable advance notice of the changes. We will let you know how to terminate your Account or cancel any contract with us in respect of orders that were affected by the changes.
26.3 If you opt to cancel a contract with us in accordance with clause 26.2 you may do so by giving us at least three (3) days’ notice before the changes take effect by e-mail at [email protected] or contact our Customer Services team by telephone on 1 646 934 6659 or by post to Tostadora.com, Nextalia Ventures S.L., C/Eduard Maristany, nº 352-354, 08918 Badalona (Barcelona), Spain. You will have to return (at our cost) any products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
26.4 If after expiry of the notice period in clause 26.3 you continue to use the Website or the Services, you will be deemed to have accepted any changes to these Terms.
26.5 We reserve the right to make changes to the Website from time to time without any prior notice to you provided that such changes have no material adverse effect on you.
27.1 We will use reasonable endeavours operate the Website and provide the Services with the reasonable skill and care of an online service provider based on the relevant industry standard.
27.2 Whenever it is necessary to temporarily suspend the Services for operational or other reasons, we will use its reasonable endeavours to restore the Website and re-establish the provision of the Services. However, we shall not be liable for any loss, injury or damage caused in whole or part by:
(a) the provision of the Services (including any suspension of the Services); or
(b) the unavailability of the Website for any reason.
27.3 To the maximum extent permitted by law, we expressly exclude all representations, warranties in connection with the Services and the information provided on the Website which are not expressly stated in these Terms, including but not limited to warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, or otherwise. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
27.4 You acknowledge that we are not liable for our Users actions and do not screen our Users. Therefore you must take all appropriate precautions when making contact with other Users via the Website. You are solely responsible for your interactions with other Users.
27.5 We have no responsibility and shall not be liable for the conduct or materials transmitted by Users. Any views, opinions, advice, recommendations or instructions transmitted by the Users are strictly User’s responsibility and are not endorsed by us.
27.6 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
27.7 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
27.8 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
28. Events outside our control
28.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
28.2 In case such event takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to inform you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of such event.
29. Communications between us
29.1 When we refer, in these Terms, to "in writing", this will include e-mail.
29.2 If you wish to contact us in writing for any reason, you can write to us at Tostadora.com, Nextalia Ventures S.L., C/Eduard Maristany, nº 352-354, 08918 Badalona (Barcelona), Spain, call us on 1 646 934 6659 or email us at [email protected]
29.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by mail to the address or email you provide to us as in your Account Details.
29.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
30. Governing law and jurisdiction
30.1 To the maximum extent permitted by the applicable law, these Terms are governed by and construed in accordance with the laws of SPAIN. You and we both agree that the courts of Barcelona have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms (including non-contractual disputes or claims).
31. Other important terms
31.1 We may transfer our rights and obligations under these Terms to another organisation without notice to you, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a product as a gift, you may transfer the benefit of our guarantee in clause 16 to the recipient of the gift without needing to ask our consent.
31.2 These terms are between you and us.
31.3 If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permitted by law so as to give effect to the intent of the parties, and the remaining part of these Terms shall continue in full force and effect.
31.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.