At CochesdeMetal, we specialize in offering a wide selection of scaled miniature vehicles, ensuring the highest quality and authenticity in every model. Our Purchase Conditions are designed to provide you with a safe and satisfying shopping experience, ensuring transparency in every transaction. Below are the Purchase Conditions at CochesdeMetal:

1. Introduction

Welcome to CochesdeMetal. This document sets out the conditions that govern the use of our website and the contract that binds you (hereinafter, "the Customer") and us (hereinafter, "CochesdeMetal" or "the Seller"). These conditions detail the rights and obligations of both parties in relation to the products and services offered through www.cochesdemetal.es.

Please read these conditions and our Privacy Policy carefully before placing an order. By using this website or placing an order, you agree to be bound by these conditions and our Privacy Policy. If you do not agree with all the terms and policies, we recommend not placing any order.

We reserve the right to modify these conditions at any time, so it is advisable to review them before placing each order. If you have any questions related to the purchase conditions or the privacy policy, you may contact us through our Contact Form.

2. Use of our website

By using our website, the Customer agrees to:

  1. Make legally valid inquiries or orders.
  2. Not place any false or fraudulent orders. If we have reasonable grounds to believe that such an order has been made, we are authorized to cancel it and inform the relevant authorities.
  3. Provide truthful and accurate information, including your email address, postal address, and other contact details. By providing this information, you consent to us using it to contact you if necessary (see our Privacy Policy).
  4. If you do not provide all the necessary information, we will not be able to process your order.
  5. By placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into binding contracts.
3. How the contract is formalized

The information and details contained on this website do not constitute a sales offer, but rather an invitation to do business. There will be no contract between the Customer and CochesdeMetal regarding any product until your order has been expressly accepted by us.

To place an order, you must follow the online purchase procedure and click on "Place Order". Afterwards, you will receive an email confirming the details of your order, including the items purchased, applied discounts, shipping costs (if any), and the selected payment method.

Please note that this confirmation does not mean that your order has been accepted. All orders are subject to our acceptance, which will be confirmed by an email titled "Shipping Confirmation". The contract for the purchase of a product between the Customer and CochesdeMetal will only be formalized when we send you the Shipping Confirmation.

Only those products listed in the Shipping Confirmation will be subject to the contract. We are not obliged to supply any other products that may have been ordered until we confirm their shipment in a separate Shipping Confirmation.

4. Product availability

All product orders are subject to their availability. If there are difficulties in supply or if items are out of stock, we reserve the right to provide information about substitute products of equal or greater quality and value that you may order. If you do not wish to order those substitute products, we will refund any amount you may have paid.

5. 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 it. Although we will always do our best to process all orders, exceptional circumstances may occur that force us to reject the processing of an order after sending the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion.

We shall not be liable to the Customer or any third party for removing any product from this website, for canceling or refusing any order, or for canceling or suspending the supply of any product.

6. Right of withdrawal

If the Customer is contracting as a consumer, they may withdraw from the contract at any time within 14 days from the date of receipt of the products. In this case, we will proceed in accordance with our Return Policy.

The right of withdrawal will only apply to those products returned in the same condition in which the Customer received them. All instructions, documents, and packaging must be included. No return will be accepted if the product has been used or damaged, so please take proper care of the product(s) while in your possession.

Please handle the products with reasonable care while in your possession and keep, if possible, the original boxes and packaging in case of return.

7. Order modification

Once the Customer has placed an order and received the "New Order Confirmation", they may only make modifications to their order through the various contact methods: phone call, WhatsApp, email, or through the Contact Form on our website; provided we have not yet sent the "Shipping Confirmation".

8. Shipping

Several transport companies pick up shipments from our warehouse daily. Afterwards, we send an email to our customers indicating that their purchase is on its way.

Due to the efficiency of our delivery process, we do not usually inform customers of their tracking number, but it is always available upon request by phone or email. We will provide the tracking number, its status, and the website where it can be tracked.

All shipments, both domestic and international, are sent with tracking numbers and insured for the total purchase amount.

If for any reason we are unable to meet the delivery date indicated in the shipping method, we will inform you of this and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund. Please note that we do not deliver on Saturdays or Sundays.

For the purposes of these conditions, "delivery" will be deemed to have occurred or the product(s) will be considered "delivered" upon signing for their receipt at the delivery address.

9. Customs

Some countries may require additional documentation from the customer or be subject to customs duties and/or other charges in the destination country. In such cases, the customer is fully responsible for providing any required documentation and/or making the necessary payments to the customs authorities of the destination country.

All our shipments include a customs declaration invoice detailing the contents of the package and the value of the insured merchandise.

10. Inability to Deliver

We monitor all pending deliveries daily. If we detect any issue, we will contact the recipient or the carrier as appropriate. Therefore, it is essential that you provide a phone number where we can reach you to arrange a new delivery date.

Returns to our warehouse of undelivered items incur an additional charge equivalent to the shipping cost.

If we are unable to contact you, the order will be returned to our warehouse. From there, we will attempt to contact you again to inform you of the status and location of your order. If you want it reshipped, you will need to pay the additional shipping and return costs.

If contact cannot be established, procedures established by current legislation will apply.

11. Transfer of Risk and Ownership

The risks of the products become your responsibility from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due, including shipping costs, or upon delivery if this occurs at a later time.

12. Price and Payment

The product price will be as stipulated at any given time on our website, except in cases of obvious error. Although we strive to ensure that all prices on the website are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and any amounts paid will be fully refunded.

We are not obliged to supply any product at an incorrect lower price (even after we have sent a Shipping Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as such.

Website prices include VAT but exclude shipping costs, which will be added to the total amount. Depending on the shipping area/region, the applicable shipping costs for your order may vary; you can view the cost of your shipping on the Shipping Rates page.

Prices may change at any time, but (except as noted above) such changes will not affect orders for which we have already sent a Shipping Confirmation.

13. Value Added Tax (VAT)

In accordance with current regulations, all purchases made through the website are subject to Value Added Tax (VAT).

14. Withdrawal

You have a period of 14 calendar days to exercise your right of withdrawal. If you wish to cancel the contract within the specified period and return all or part of an order, you must contact us immediately via any of the available contact methods: phone call, WhatsApp, email, or the Contact Form on our website, providing the details of the product(s) you wish to return.

Additionally, customers may always exchange received products for others of equal or greater value available in our store, provided the product to be exchanged is in the same condition as it was sent. All costs associated with the exchange will be borne by the customer.

After inspecting the returned item, we will inform you whether you are entitled to a credit voucher for the corresponding amounts, excluding shipping and return costs, which will not be refunded under any circumstances. Please return the item using or including its original packaging, along with any instructions, documentation, or wrapping it came with. Exchanges or returns will not be accepted for products not in their original condition or that have been used beyond merely opening the product.

15. Responsibility and Disclaimer of Liability

Our liability in relation to any product purchased on our website is strictly limited to the purchase price of said product.

Nothing in these Conditions of Sale excludes or limits our liability in the following cases:

  • In case of death or personal injury caused by our negligence;
  • In case of fraud or fraudulent misrepresentation;
  • In any matter where it would be illegal or unlawful for us to exclude, limit, or attempt to exclude or limit our liability.

Without prejudice to the preceding paragraph and to the extent legally permitted, and unless otherwise stated in these Conditions, we will not accept any liability for indirect damages that occur as a secondary effect of the main loss or damage, including but not limited to:

  • Loss of income or revenue;
  • Loss of business;
  • Loss of profits or contracts;
  • Loss of anticipated savings;
  • Loss of data; and
  • Loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise.

16. Industrial and Intellectual Property

You acknowledge and agree that all copyright, trademark, and other intellectual property rights on the materials or content provided as part of the website belong at all times to us or those who license us to use them. You may use such material only in the manner expressly authorized by us or our licensors.

17. Written Communications

Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most of our communications with you will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information, and other communications we send to you electronically comply with legal requirements to be in writing. This condition does not affect your statutory rights.

18. Notifications

Notifications should be sent to us preferably via our Contact Form. In accordance with the provisions of clause 17, and unless otherwise stated, we may send communications to you either by email or to the postal address you provide when placing an order.

Notifications will be deemed received and properly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postmark date of any letter. To prove that a notification has been made, it is sufficient to prove, in the case of a letter, that it was properly addressed, stamped, and posted, and in the case of an email, that it was sent to the email address specified by the recipient.

19. Transfer of Rights and Obligations

The contract is binding on both you and us, as well as on our respective successors, assigns, and heirs.

You may not transfer, assign, encumber, or otherwise dispose of a contract or any of your rights or obligations under it without obtaining our prior written consent.

We may transfer, assign, encumber, subcontract, or otherwise dispose of a contract or any of our rights or obligations under it at any time during its term. For the avoidance of doubt, such transfers, assignments, encumbrances, or other disposals will not affect your statutory rights as a consumer or cancel, reduce, or otherwise limit any express or implied warranties that we may have given you.

20. Events Beyond Our Control

We shall not be liable for any failure or delay in the performance of any of our contractual obligations caused by events beyond our reasonable control ("Force Majeure Event").

Force Majeure Events shall include any act, event, failure to act, omission, or accident beyond our reasonable control and shall particularly include (without limitation) the following:

  1. Strikes, lockouts, or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
  4. Impossibility of the use of trains, ships, aircraft, motor transport, or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. Acts, decrees, legislation, regulations, or restrictions of any government.
  7. Strikes, failures, or accidents in maritime or river transport, postal transport, or any other type of transport.

Our obligation to perform under any contract shall be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform our obligation for the duration of that period. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution by which we can perform our obligations under the contract despite the Force Majeure Event.

21. Waiver

If, during the term of a contract, we fail to insist upon strict performance of any of your obligations under it or under these conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract or these conditions, this shall not constitute a waiver of such rights or remedies nor shall it relieve you from compliance with such obligations.

No waiver by us of any specific right or remedy shall constitute a waiver of any subsequent breach. No waiver by us of any of these conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notifications section above.

22. Severability

If any of these conditions or any provision of a contract is determined to be invalid, illegal, or unenforceable to any extent by a competent authority, it shall be severed from the remaining terms, conditions, and provisions, which shall continue to be valid to the fullest extent permitted by law.

23. Entire Agreement

These conditions and any document expressly referred to in them constitute the entire agreement between you and us relating to the subject matter of the contract and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing.

You and we acknowledge that, in entering into this contract, neither of us has relied on any statement, representation, assurance, or warranty given by the other party or implied from anything said or written during the negotiations between us before the contract, except as expressly stated in these conditions.

Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently), and the only remedy available to the other party shall be for breach of contract as provided in these conditions.

24. Our Right to Modify These Conditions

We reserve the right to revise and amend these conditions at any time. You will be subject to the policies and conditions in force at the time you place each order, unless we are required by law or governmental authority to make changes to such policies, conditions, or Privacy Policy, in which case, such changes will also apply to orders previously placed by you.

25. Applicable Law and Jurisdiction

Contracts for the purchase of products through our site shall be governed by Spanish law. Any dispute arising from or related to such contracts shall be subject to the non-exclusive jurisdiction of the courts of Logroño.

If you are contracting as a consumer, nothing in this clause shall affect the rights conferred to you by applicable legislation.

26. Comments and Suggestions

Your comments and suggestions are welcome. Please send them to us through our Contact Form.

Thank you for trusting CochesdeMetal. Your satisfaction is our priority.

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