Purchasing policy

1. Preamble and definitions

The following sales conditions (specified as “Sales conditions”) are governed by the law of transactions formalized through the www.culturalmemories.com webpage, the rights and obligations arising under these, and the contractual relationships between any user of the www.culturalmemories.com webpage wishing to make a purchase through such website (hereinafter The Client) and the company CULTURAL MEMORIES (hereinafter The Company).

The data concerning The Company is as follows:

• – Company Name: LaundryLabs, S.L.
• – Commercial Name: CULTURAL MEMORIES
• – CIF: B71071062.
• – Address: C/ Sastrín, 10. Polígono Alkaiaga. 31770 Lesaka (Navarra).
• – Phone number and email address: 948630127, info@culturalmemories.com

The Company’s primary activity is the design, manufacturing and marketing of longboards through other means under the www.culturalmemories.com webpage. The sales transactions done through such webpage correspond to the products offered in such, and The Company’s disponibility of them, as well as the terms and conditions contained in this document and the content of the targeted offers.

The sales terms and conditions are the only applicable terms and conditions and replace any other conditions, except in the event of a preceding cancellation, spoken and written. The Company can, at any time, find itself obliged to amend some of the dispositions in these general conditions. It is therefore, necessary to know the updated version, on the day you place your order on the www.culturalmemories.com webpage (hereinafter “The Webpage”). These modifications may affect the Client purchasing the products through their online publication and it will be applied to all orders from the date of the publication. Each purchase on The Webpage is submitted and in agreeance with all of the terms and conditions in effect at the date the order is placed.

The Client, by placing any kind of order through The Webpage, expressly declares, by the simple act of placing the order, to be over 18 years of age and having the legal capacity and attributions necessary to access The Webpage, as well as for the purchase and sale transactions done through such.

The Client will not be able to validate their order until the sales terms and conditions in this present document are known and accepted by checking the corresponding boxes found in The Webpage when each order is being validated which will lead to the declaration of full knowledge, understanding and full agreement of these terms of use and the terms and conditions of sales expressed here. The acceptance of the conditions of sales regulated in the present document, through the validation of an order, will lead to the formalizing of the sales contract, which is formalized as such under Spanish legislation.

The Webpage offers the corresponding information on the items to be purchased, their characteristics, and prices. The Company reserves the right to withdraw, replace or change the items offered through The Webpage, by the mere changing of the content in such, in such way that the items offered at any given moment by The Webpage, are the ones for which the corresponding purchases and orders can be placed.

All contents on The Webpage are available in Spanish and English, enabling the formalizing of all purchases and orders in such languages.

2. Purpose

The purpose of these conditions is to define the terms of sales being formalized through The Webpage, the rights and obligations derived from such, and hence the legal relationship established between The Company and The Client through the formalized sale.

3. Characteristics, images and product descriptions

The products offered through The Webpage reflect as strictly as possible, the basic and major characteristics of the products, through technical descriptions and photographs and/or videos of the products, all depending on technology and respecting the highest market quality standards.

Nevertheless, at times the technology might not reflect with through accuracy the representation of the products exposed on The Webpage, in particular as a consequence of differences in the resulting colors available on different Internet navigation equipment and software and/orn display monitors. The Company will not be held responsible for the inaccuracy of the photographs displayed on The Webpage, The Client accepting the extent of inaccuracy here defined.

The technical descriptions of products are those governing in the relationship between The Company and The Client, being that any other of The Client’s expectations on elements that are not part of the description of a product, will not grant The Client the right for a claim or return, this is without prejudice to the right of withdrawal.

4. Prices

The prices indicated on The Webpage are shown in Euros and include VAT yet they do not include the shipment and delivery transportation fees, these will be shown through the purchasing process, once the shipment method and delivery address have been obtained, and confirmed when the order is validated, The Client will be able to know the total price of the transaction.

The Company reserves the right to modify its prices at any given moment, but the products shall be priced in accordance to the rates in force when the order is registered and validated by The Client with the indicated price, subject to availability on such given date.

For all items on sale, the sales price and the validity of such will always be indicated next to its basic characteristics.

5. Order procedure and modality

The Client must place the orders and formalize purchases through the web page www.culturalmemories.com, accessible 24 hours a day through the 7 days of the week.

The information communicated by The Client and registered by The Company through the formalizing of an order, and specially the validation and acceptance of the order, constitute as proof of the sales contract between The Company and The Client.

The purchasing process is defined in the steps of product identification, selection of such, confirmation and validation of the order with the indicated total price, in the way contained on The Webpage.

After The Client has validated the order and finalized the purchasing process, The Client will receive a confirmation email to notify him/her that the pertaining order has been registered correctly. It is imperative that The Client provides a valid email address during the purchasing process. If 24 hours after the conclusion of the order, The Client has not yet received a confirmation, he/she must contact The Company over the phone through our Customer Assistance number 948630127 or via email at orders@culturalmemories.com

The Client will receive the order at the address provided during the purchasing process, within a timeframe of 15 days at the most, since the moment of payment confirmation on The Company’s account or the acquisition of the corresponding amount, by any of the payment methods regulated in the present Conditions of Sales.

The Client will have access to order history by accessing “My Account”, which is a section for consultation which permits management, allowing the user to eliminate the registered information which he/she considers unnecessary on the display.

When receiving the product at the provided address, The Client will receive an invoice receipt for the purchase order.

The Company reserves the right to not deliver or to deny an order in case that The Client has neglected to partially or fully paid for a previous order, if there has been a supposed return on the debit or credit card in which the order was charged, and until receiving the payment of such order in The Company’s account, by the corresponding bank transfer, and under the authorization of the qualified payment centers if the payment are to be made with a card, or because a dispute exists between the parties regarding the payment for a previous order.

6. Reservation of ownership and risks

The Company retains the ownership of the goods or products sold until the payment of the total cost of the order becomes effective and is received by The Company in its account, whether by means of a bank transfer according to the current time-limit stated in these Conditions, or through the authorization of competent payment centers in case of a purchase made using a card.

From the moment in which the goods or products are delivered to The Client, all risks of loss or damage of the goods as well as any kind of damage that can be produced by them are transferred to The Client.

7. Availability

The orders placed by The Client will be accepted by The Company according to the available stocks and those of their manufacturers and suppliers, this information shall be noted on The Webpage at any moment, as well as at the moment of placing an order.

In the case of a product not being available after the order has been confirmed, The Company will inform The Client via email or phone of the partial shipment of his/her order or the annulment of such, in the timeframe of 5 business days until the confirmation of the order. If such is the case, The Company will offer The Client the possibility of suministerling, without a raise in the price of the order, of a product with similar characteristics, or else the possibility of a refund of the corresponding quantity as a purchase coupon or else through a bank transfer, check or the issuing of credit back to the card account provided by The Client throughout the purchasing process, the method is to be chosen by The Client.

8. Payment methods

The payment of orders can be made through any of the following methods:

• · Through credit or debit card, either VISA or MASTERCARD Transactions through VISA and MASTERCARD debit and credit cards will be charged the corresponding processing fees.All operations containing personal and banking information are handled through the RedSys secure payment gateway , a platform developed through standard technological security allowing all sensitive information to travel through the web in a safe encrypted environment. The Client’s banking card information is introduced directly through the corresponding bank’s Webpage at the POS (Bank’s Point of Sale terminal) and is never introduced or registered on any of the Company’s servers. For payments processed through VISA or MASTERCARD the following information will be requested: card number,expiration date, verification code coinciding with the last three numbers printed in italics and located at the back of the card, as a way of guaranteeing and offering a secure transaction. The Client’s purchase order will be validated only after the required amount has been processed and credited to the Company’s account either by the corresponding payment center or through a wire transfer. If the charges are declined or if the wire transfer is not credited within the agreed period, the Client’s purchase order will not be accepted and it will be cancelled.
• · Through PAYPAL option following the link configured on our Webpage.
• · Through Wire Transfer: The Client will have to choose accordingly by following the link on our Webpage after which he will receive an electronic mail with a pre-confirmation of the order as well as the amount and instructions to proceed with the wire transfer.The Wire Transfer should be completed no later than three days after receiving our pre-confirmation email , otherwise the order will be cancelled.

In case of default or failure to deposit on account of the financial or banking system, the Company will demand a basic friendly compensation fee of 15 euros, additional to the amount on the invoice as well as the settlement of any other extra costs deriving from any financial charges debited to the Company’s bank account due to this transaction.

If the friendly and damage fees are not recovered within 10 days after the first message requiring payment has been sent,a second requirement including a return receipt will be sent through certified mail .If the amount claimed remains unpaid , the debt will enter a jurisdictional process . All amounts due, including interests, liabilities and legal fees will be covered by the Client.

9. Delivery methods

Shipping information

All purchased goods will be delivered through the shipping company we have hired, observing the methods and periods stated in our contract. Observance of time period will begin as soon as confirmation of credit of payment or wire transfer is received by the Company’s bank account, without limiting the following specifications:

Delivery in the Spanish State and mainland Portugal, except for Ceuta and Melilla:

• · Delivery will take place in no more than 15 days after due validation of the order and confirmation that the amount has been credited to the Company’s account in a period no longer than 14 working days.
• · Delivery periods will be pushed to the next working day on order confirmations and deposits received on workdays after 14:00 hrs or on holidays .
• · Holidays will not be taken into account as part of the considered delivery slots, nor will deliveries take place on Holidays.
• · Delivery will take place at the address provided by the Client at time of purchase.
• · Delivery is considered complete when the Product has been delivered to the address provided by the Client.
• · The Client will be held responsible for any risks regarding the Products (loss,damages,theft) immediately after the merchandise has been delivered and received at the furnished address.
• · Delivery address may be modified by the Client through the link provided on our Webpage. In this case the delivery slot will be reprogrammed and will begin on the date the address change took place.
• · Delivery and transportation fees will be specified during the shopping process.
• · If for any reason the Company is not able to comply with the delivery date,the Client will be notified and he will have the option to decide whether or not he wishes to move forward with the purchase by setting a new delivery date or cancel the purchase to receive a complete refund.

Delivery in other countries:

• · Delivery will take place in no more than 25 days after due validation of the order and confirmation that the amount has been credited to the Company in a period no longer than 14 working days.
• · Delivery periods will be pushed to the next working day on order confirmations and deposits received on workdays after 14:00 hrs or on Holidays.
• · Holidays will not be taken into account as part of the considered delivery slots, nor will deliveries take place on Holidays.
• · Delivery will take place at the address provided by the Client at time of purchase.
• · Delivery is considered complete when the Product has been delivered to the address provided by the Client.
• · The Client will be held responsible for any risks regarding the Products (loss,damages,theft) immediately after the merchandise has been delivered and received at the provided address.
• · Delivery and transportation fees will be specified during the shopping process.
• · If for any reason the Company is not able to comply with the delivery date,the Client will be notified and he will have the option do decide whether or not he wishes to move forward with the purchase by setting a new delivery date or cancel the purchase and receive a complete refund.

In every case the Shipper will proceed to deliver the merchandise at the address provided to the Company by the Client. If the Client is unavailable at this address at the time of delivery , the Shipper will leave a report and a phone number where the Client will get in touch with the shipper to arrange delivery of the product.

The Company will not be deemed responsible for undelivered merchandise due to restricted or difficult path accesses not alerted of in advance, or to the absence of the Client on the date appointed for delivery. The Company may bill the Client again for new delivery expenses. The merchandise will be returned to its origin if the delivery address is incorrect or incomplete or after two unsuccessful delivery attempts within a 5 day period.The charges will be covered by the client.

If the Client wishes to make arrangements for a later delivery date than the programmed one, he must let the Company know by sending an email to orders@culturalmemories.com.

The Client will be responsible of verifying the merchandise upon delivery by the shipper , making sure it is in optimum condition. Any claims and observations regarding possible defects (damage,missing or broken parts, damaged packaging,etc) should be stated on the delivery invoice and sent to the Company’s address through certified postal services obtaining an acknowledgement of receipt within the first two days of delivery.

Any situations involving concealed defects will be covered by the warranty period ,but no claims or reserves will be accepted after the merchandise has been delivered if the Client does not follow the above detailed procedures.

In case these should be present, customs fees must be covered by the Client for countries outside the EU.

10. Purchase agreement withdrawal

In accordance with the Law, the Client will have 14 natural days starting on the date of the Product’s delivery to inform the Company of his his total or partial withdrawal from the purchase agreement.

After this fourteen day period (14 natural days) the Company will not accept any merchandise returns through a withdrawal of purchase agreement. At this time the Client should have proceeded to return the unwanted merchandise by sending it to the Company’s address in accordance to the guidelines that will follow.

The Client will not be allowed to withdraw from the purchase agreement in those cases established by applicable law, particularly the ones regulated either by the Consumers and Users Law or any other regulation that might substitute,modify or amplify it.

The Client shall notify the Company of his purchase withdrawal intentions by attaching a purchase withdrawal form that can be found on our Website through this link:

Download purchase withdrawal form

The Client will receive an electronic mail confirming receipt of notice of the purchase withdrawal as well as an attached Return Document in a length no longer than 48 hours maximum (considered for work days).

All returns within the stated period will not be penalized.Nevertheless , the Client will be responsible for the return shipping costs.

During this fourteen (14 ) natural day period beginning on the delivery date,the Client will ship the merchandise properly packed and in mint condition , accompanied by the Invoice as well as the Return Document which needs to be signed and sent to the Company through any mean providing proof of the exact date of shipping.

In case of returning the merchandise by a withdrawal of purchase agreement, the Client will be held responsible for the fees and risks involved during the return of shipment. Returned merchandise will only be accepted if new and complete .There will be no refunds towards Products harmed by the client or shippers, or whose original packaging is damaged beyond the act of simple unpacking.

If the merchandise has been returned on time and is found to be in perfect condition,the Company will proceed to refund the purchase amount as well as the original amount charged for the initial delivery fee disbursed by the client through the same channel as the amount was received, in a period no longer than fourteen (14) natural days,starting with the date of acknowledgement of receipt of the purchase withdrawal,but only if the Product was received in accordance with the period mentioned in our returns policy, thus terminating the contract.( charges for express delivery and charges for merchandise return are the Client’s responsibility).

The Company will inform the Client through certified mail and proof of acknowledgement if it considers that the returned merchandise was not returned in perfect conditions.If this is the case, the merchandise will be made available to the Client at the Company’s previously mentioned address.

The Company strongly recommends that the Client purchase specific insurance with the company in charge of shipping the returning merchandise for the commercial value of the products, in order to protect himself from any damages , plundering or loss during the shipping process. Insurance fees will be the Client’s responsibility.

11. Returning defective products

In accordance with the applicable law, the Client has the right to a total refund for the cost, shipping costs and shipping costs for returns of defective Products as well as Products which do not match the Client’s order.

Under these circumstances the process for returning the merchandise to the Company is described in the clause pertaining Withdrawal from Contract.

In regards to returning defective Products or Products that do not match the Client’s order, the Company will be responsible for all shipping charges involved in the process of returning the Product.

12. Hidden defects

The company will abide to all civil and commercial requirements regarding damage or hidden defects of the merchandise within a limit of time taking into consideration when the issues first started. The Client will notify the Company of these issues shipping the defective merchandise to the address provided by the Company through a certified postal service keeping an acknowledgement of receipt . The Company will analyse the merchandise and confirm the existence of defects or hidden vices.

In any case the defect or hidden vice will not be due to:

• · Abnormal or inadequate use;
• · Normal wear and tear of time;
• · An accidental event or generally an external cause ( the intervention of a third unauthorized party on the Product).

The Company will respond for all shipping charges involved in the return of the merchandise if there is proof of the existence of such hidden defects.

13. Guarantee

The Products offer a guarantee in full compliance with the implementing legislation, regarding lack of conformity for a period of two (2) years, valid from the date of delivery if the Client is aware of this lack of conformity, it is his duty to inform the Company in a period no longer than two (2) months.

The guarantee offered by our Company is consistent with the one established by the Royal decree-law 1/2007 dated on november 16, by which the consolidated text for the General Law for the Protection of Consumers and Users was approved.

The guarantee does not include deficiencies resulting from negligence, impact,atmospheric elements or any other external causes as well as improper use, or when applicable,installation or usage performed by a non authorized technician that does not comply with the instructions, service, materials, perishables or consumables subjected to the normal wear and tear. The guarantee will be void for any Products modified or repaired either by the Client or any other person who has not been authorized by our technical assistance service.

The Client will have no right to claim the guarantee:

• 1. a) If proof of purchase for the merchandise is missing.To claim the Product’s guarantee, the invoice is absolutely necessary.
• 2. b) If the identification number on the Product has been tampered with or if any part of the merchandise has been repaired without the knowledge or authorization of either technical services or the Company issuing the guarantee.
• 3. c) If any of the data issued on the Product’s warrantee or invoice is modified,altered or substituted.

The Client may claim guarantee on a Product in compliance with the applicable laws.The Client will contact the Company to get instructions on the necessary steps and information required to submit a proper claim.

The Company may not be able to guarantee that it can restore a non-compliant product. .Either way, if all necessary requirements issued by the Law for protection of Consumers and Users are met , the Company will accordingly refund either part or the complete amount of the cost of the non-conforming Product.

14. General liability regime

The Client is responsible of verifying that all personal information provided to the Company while filling out the purchase order agreement is right and complete, particularly the data concerning delivery address as well as credit and debit card information.The Client is responsible for providing the information that will facilitate these procedures.

Costs incurred for by any mistakes made by the Client , especially regarding location and delivery address,will be allocated to the client.

Liabilities arising from contracts and relations between the Company and the Clients will not exceed the sums paid or payable in accordance to the time of the transaction which is when accountability begins, regardless of the cause or action involved.

Unforeseeable incidents and circumstances , unpredictable and independent to the will of both parties, especially in the case of a total or partial transportations strike,natural disasters like fires or floods will be considered as fortuitous or force majeure events and will be deemed as exemptions of liability.

The Client will choose and purchase the products under his own and sole responsibility.Therefore the total or partial impossibility in the usage of the products due to incompatibility reasons will not be used to obtain any kind of compensation,refund or liability claim against the Company except in the event of proven hidden defect,lack of conformity or the right of withdrawal.

15. Ethical and reciprocity statutes

The Company hereby guarantees their Clients that the commercially available products do not violate the current spanish legislation in any way at the time the order is placed. The Company guarantees that the content on this website complies with the accepted principles of morality and good standing.

16. Applicable Law and Jurisdiction

The sales conditions and relations between The Company and The Client will be enforced and interpreted according to the spanish governing laws.

17. Clause severability

Should any clause in the general sales agreement be declared null,void, expired , illegal , or unenforceable because of a law , a regulation ,or a court ruling from a competent jurisdiction, the validity and legality of the remaining provisions will not be called into question and will in no way exempt the Client from meeting his contractual obligations.