GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE

December 2019

1. INTRODUCTION
This document establishes the general terms and conditions that govern the use of this website (www.canellahostal.com) and the purchase of products on it.
We urge you to read the Conditions and our Privacy and Cookies Policy carefully before using this website. When using this website or placing an order onit, you are bound by these Conditions and our Privacy and Cookies Policy. If you don’t agree with the Conditions and with the Privacy and Cookies Policy, do not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant Contract shall be those that apply.
If you have any query regarding the Conditions or the Privacy and Cookies Policy, you may contact us by using the contact form.

2. OUR DETAILS
Sale of goods through this website is carried out under the name Canella Hostal by CANELLA HOSTAL GARMENTS TRADING, a
limited liability company incorporated and validly existing under the laws of the United Arab Emirates, having its registered office at Umm Suqueim 2 villa 22., Dubai, United Arab Emirates, with e-mail address [email protected] and with
telephone number +971559891617

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us shall be processed in accordance with the Privacy and Cookies Policy. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.

4. USE OF OUR WEBSITE
When you use this website and place orders through it, you agree:
i. To use this website to make enquiries and legally valid orders only.
ii. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such order have been placed, we shall be entitled to cancel the order and inform the relevant authorities.
iii. To provide us with your correct email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary (see our Privacy and Cookies Policy).
If you do not provide us with all the information that we need, we may not be able to complete your order.
By placing order through this website, you warrant that you are over the age of 18 and are legally capable to enter into binding contracts.

5. FORMALISING THE CONTRACT
To place an order, you must follow the online purchasing procedure and click on “Authorise payment”.
After doing so, you will receive an email confirming receipt of your order (the “Order Confirmation”). You will be informed via email that the order is being sent (the “Shipping Confirmation”). These Conditions and the Contract constitute a written agreement between us. An electronic receipt with the details of your order will also be attached to the Shipping Confirmation (the “electronic receipt”).

6. TECHNICAL MEANS TO CORRECT ERRORS

In case you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify them in the section “My Account”.

If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, via the email address above to correct the error.

7. AVAILABILITY OF PRODUCTS
All product orders are subject to availability and in this regard, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information 
on substitute products of the same or higher value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.

8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from on this website. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.

9. DELIVERY
Notwithstanding Clause 8 above regarding product availability and except for extraordinary circumstances, we will endeavor to fulfil your order consisting of the product(s) listed in each Delivery confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation. Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not make home deliveries on Fridays or bank holidays.
For the purpose of these Conditions, the “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.

10. UNABLE TO DELIVER
If we are unable to deliver your order, we will attempt to find a safe place to leave it and if we cannot find a safe place, your order will be returned to our warehouse.

If after 14 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, excluding delivery charges (except for any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at
any rate, within 14 days of the date on which this Contract has been terminated.
Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.

11. PRICE AND PAYMENT
The price of the products will be as stipulated at all times on our website, except in the case of obvious error. Although we make every effort to ensure that the prices featured on this website are correct and accurate, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.

We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.

Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket and your next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in “My Account” area.
You may use, as payment method, the following cards: Visa and MasterCard. Furthermore, you can pay for your order to the courier in cash when the order is delivered.

When you click “Authorise payment”, you are confirming that the credit card is yours.
Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.

12.  VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to Value Added Tax (VAT). All prices displayed on this website include VAT.

13. EXCHANGE/RETURN POLICY

If you are contracting as a consumer, you have the right to withdraw from the Contract, within 14 days, without giving any reason.

14. INTELLECTUAL PROPERTY
You recognise and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the licence for their use. 

15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you. 

16. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Conditions at any time.
You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy and Cookies Policy. In this case the possible changes will also affect orders made previously by you.

17. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by the laws of Dubaï and the United Arab Emirates.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Dubaï Courts.
If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognised in any applicable legislation in this area.

18. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send any comments and suggestions through
our contact form.