TERMS AND CONDITIONS
General Terms
The present general terms (hereafter, the “General Terms”) govern the use of the Internet website hosted at “ole.kaffeine-wp.com” (hereafter, the "Website”) made available to Internet users at no cost by Kaffeine Wallpapers & More S.L., CIF B64659659 (hereafter, "KAFFEINE WALLPAPERS & MORE" or “we”).
The use of this Website implies granting of Website user status (hereafter, “User” or “Customer”) and full acceptance with no exceptions of all General Terms as published by Kaffeine Wallpapers & More at the time the User accesses the Website. Therefore, the User should read these General Terms carefully every time the User accesses this Website.
The use of certain services offered to Users through this Website may be subject to specific terms that may replace, complement, and/or modify, depending on the case, the present General Terms (hereafter, the “Specific Terms”). Therefore, prior to using such services, the User should also read carefully the Specific Terms that apply. Moreover, the use of this Service is subject to all warnings, rules of use and instructions made known to the User by Kaffeine Wallpapers & More that complement the terms set forth in the present General Terms in all matters in which they are not in conflict with the said General Terms.
2. Agreement made between Kaffeine Wallpapers & More and the User/Customer
2.1 Subject matter of the Agreement
The subject matter of this Agreement is the products and services listed in the order placed through the website hosted at “ole.kaffeine-wp.com”, and the products and services listed in our order confirmation, according to the prices established (see paragraph 6.1. below).
2.2 Terms of the Agreement
We manufacture the products (wallpaper and posters) ordered by you, hereafter, “the Customer” in accordance with your instructions, especially those concerning motifs, designs, dimensions and other.
If we are provided with the Customer’s own motifs (e.g. photographs), the quality of the final product (a poster or wallpaper) will depend mostly on the quality of the image and file provided, which refers to clarity, brightness, resolution, degree of compression, etc. Any existing damage in the original image provided by the Customer will be enlarged during the manufacturing process and will be more obvious on the poster or wallpaper. Similarly, any existing imperfection in the original image provided by the Customer will be enlarged during the manufacturing process and may be considerably visible on the poster or wallpaper. Kaffeine Wallpapers & More will not be bound to check the quality of the files provided by the Customer, and the Customer will be held sole responsible for the quality of the images provided to manufacture the corresponding wallpaper and/or poster (see table of the relationship between file size and the final image size in section Help Topics/Your Own Images/What resolution is required?)
Slight differences in colour between the image provided by the Customer and the final product may occur during the manufacturing process. Such differences are inevitable and may be due to the thickness, structure or material used for printing (woven or non-woven paper).
Due to technical reasons, the product images published on our website, “ole.kaffeine-wp.com” and other Internet websites, catalogues, samplers, brochures and other printing techniques may have imperfections. The final product may have a different appearance, especially in colour. Such differences may also be caused by the individual colour settings of the Customer’s monitor and computer, the lighting (natural light, artificial light, etc.) and other factors.
The products and services ordered from Kaffeine Wallpapers & More are subject to limitations of this kind and will not constitute a defect in the product manufactured.
Higher colour accuracy in the final product is possible if a sample of the image to be printed is requested when placing the order. However, slight differences in colour between the sample and the final product are also inevitable.
How to request colour samples:
The Customer can, after adding the selected product to the basket, click on the “Colour Sample” box displayed next to the image for which the sample is to be requested.
After updating the price, the total amount payable will be displayed, including the price of the colour sample.
The colour sample will be shipped to the address indicated by the Customer when placing the order. After receiving and examining the colour sample, the Customer must send an e-mail to Kaffeine Wallpapers & More at service@ole.kaffeine-wp.com to confirm whether the colour sample is satisfactory and the product is to be printed with the image used in the sample.
In the event that the Customer does not agree with the colour sample, the Customer will be able to request a second colour sample (which is included in the price for the colour sample), indicating the proposed colour changes.
In the event that the Customer does not agree with the second colour sample, the Customer will be able to either cancel the order placed (should this happen, the amount paid by the Customer for the colour samples and the corresponding shipping costs will not be refunded); or confirm the printing of the product by approving one of the colour samples received.
All communications regarding colour samples and their approval, as well as the confirmation of the order based on such samples, will be sent by e-mail to service@ole.kaffeine-wp.com exclusively.
Please follow carefully our instructions of use and application recommendations when using our products. Under no circumstances will we be held responsible for the labour handling our products.
2.3 Customer’s Obligations (especially regarding their own designs and motifs)
Our products are manufactured following the Customer’s instructions indicated when placing the order, regarding the image chosen, the cropping of images or patterns, the dimensions of the product and other considerations concerning the customer’s own designs (e.g. a photograph provided by the Customer). For this, the Customer must provide this information appropriately, using the order procedure designated for such purpose on ole.kaffeine-wp.com, where all relevant instructions can be found.
We presume that all information provided by the Customer is correct, and that the Customer holds all applicable rights (authorship, image, personal and similar) to the designs, motifs, photographs, drawings, etc. provided (hereafter, their “own design”). When a Customer provides us with their own design to be used in the manufacturing of a product, the Customer claims to be in possession of all rights to such design or, at least, the right to its reproduction by Kaffeine Wallpapers & More and the right to use the future product manufactured by Kaffeine Wallpapers & More for the Customer
The Customer will be responsible for any costs or damages arising from the fact that the Customer does not hold these or other rights.
The Customer guarantees that, in the event that a claim is made against Kaffeine Wallpapers & More or any of its collaborators by a third party as a result of the lack of permission or rights of the Customer to use their “own design”, Kaffeine Wallpapers & More and its collaborators will not be held responsible for the costs arisen from such claim (especially those related to legal defence) or the damages attributable to the Customer.
3. Termination of the Contract
3.1
A contract is entered into by the Customer and Kaffeine Wallpapers & More when a binding purchase order is placed by the Customer to acquire one or more products and/or services (standard or to order) through the automated procedure available at ole.kaffeine-wp.com, and Kaffeine Wallpapers & More accepts the said order by issuing a binding order confirmation (normally by e-mail). Acceptance by Kaffeine Wallpapers & More of the order placed by the Customer is necessary for the manufacturing and delivery of such products and/or services.
Immediately after placing an order, the Customer will receive a confirmation from us by e-mail. This e-mail does not imply the acceptance of the order, but it only confirms that the Customer’s request has been received. The confirmation contains all relevant details of the order for future reference.
3.2 Technical Steps to enter into an agreement and correct errors
During the ordering process and before a final order is placed, the Customer can go back to any previous page, in the event of an error, by following the “back” link on the bottom left of the page.
a. The Customer selects and adds the photo mural, pattern or wallpaper poster to the basket. The number of panels or the image of any photo mural and/or pattern may be changed.
b. Then, the Customer introduces the invoice details and shipping address, as well as the chosen payment method. A personal account may be created (“my account”) with the Customer’s details to be retrieved and used in future orders.
c. Both the order and the Customer’s details appear on screen for the Customer’s verification.
d. Finally, the red “Order” button on the bottom of the screen must be clicked on to confirm the order and complete the purchase. After this, the Customer will receive a confirmation with the order number and an e-mail containing the details of the order placed, which will be sent to the address provided by the Customer. This e-mail address will also be used to receive later confirmation of the order and payment instructions.
3.3 Contract Details
After completing the order, the contract entered into will not be saved or stored. It is important that the Customer keeps the order confirmation for future reference.
3.4 Obligation to verify products and claim any defects and errors
We kindly ask Customers to inform us immediately of any damages that may have occurred to the products during transport or due to other reasons; however, this may not be a valid condition under the warranty terms and, therefore, the right to a replacement is not guaranteed.
In the event of detecting any defects in the obligatory initial inspection of the products, the Customer may submit a written complaint (See Paragraph 5b below) a maximum of three (3) working days from the reception of the product. Complaints of this nature will not be accepted unless the product is packed correctly in its original packaging.
The Customer is also responsible for verifying the product once open and making claims about any defects detected before installing the product by submitting a written complaint (See Paragraph 5b below), providing full details about every defect detected in the product, a maximum of seven (7) working days from the reception of the product.
Any failure to comply with the terms set forth above will be considered as a tacit acceptance by the Customer of the product’s perfect condition (faultless and errorless) at the time of reception.
4. Product Warranty
4.1 Agreed Quality
We kindly ask Customers to take notice of the observations made in Paragraph 2.2. (See Paragraph 2.2. above) regarding the quality of our products and services. Our products and services have the quality standards described therein. Any inevitable differences within these standards will not constitute a fault or defect in our products and services, but are part of the quality standard agreed between the Customer and Kaffeine Wallpapers & More.
4.2 Warranty
The warranty to which the Customer is entitled will be subject at all times to the Governing Law in Spain, and both parties agree with the rights and obligations under the said Governing Law.
5. Customer’s right to a refund
Under any circumstances, the right to a refund will only be considered if the product or service acquired is faulty or contains errors. The right to a refund will not be considered under any other circumstances, as Kaffeine Wallpapers & More manufactures every order according to the Customer’s individual needs, especially in the case of customised products containing an image provided by the Customer or in the case of custom-sized products.
Instructions for obtaining a refund in the event of defect or error:
a. Reporting the defect or error following the instructions set forth/out in Paragraph 3.4. (See Paragraph 3.4. above).
b. Any requests for a refund must be directed to the following e-mail address: service@ole.kaffeine-wp.com
c. If accepted, the refund will be notified by e-mail and the merchandise will be collected at your address.
Important: for a refund, we kindly ask you to pack the product correctly to avoid further damage during transport.
6. Payment and Delivery Methods
6.1 Payment Method: Prices and Payment Obligation
All prices displayed on our Website are the final price in Euros, inclusive of any tax applicable by law.
In the case of products manufactured under request, the price will be communicated in a Quote prior to entering into a purchase contract. This price is not inclusive of shipping costs. When shipping outside the Iberian Peninsula, any additional costs that may apply, such as customs duties or other taxes, will be borne by the Customer and/or the Recipient of the merchandise.
The total amount payable is to be settled fully in advance once confirmation of the order has been received by the Customer. Such settlement is to be made by bank transfer to the bank account provided by Kaffeine Wallpapers & More in the order confirmation or by credit card, depending on the payment method chosen by the Customer at the time of the order. Under no circumstances are we obliged to begin preparing the order until payment and/or proof of payment (if required) has been received by us.
6.2 Merchandise Delivery: Shipment and Delivery Times
The merchandise will be dispatched to the address provided by the Customer. Any extra costs incurred in the shipping costs (e.g. return of the merchandise to the Sender) that are attributable to the Customer (e.g. a wrong address was provided or the merchandise was not received by anybody after several delivery attempts, etc.) will be borne by the Customer. If applicable, the Customer will also be responsible for the costs of having the merchandise shipped again.
Approximately fifteen (15) working days are necessary for the production of the products advertised on our Website from the reception of payment or proof of payment for the total amount of the order. Delivery times are approximate and Kaffeine Wallpapers & More will not compensate the Customer if delivery occurs later than the expected date (due to a delay in production, transport or otherwise).
7. Conditional Sale (under special circumstances)
The products manufactured and delivered by Kaffeine Wallpapers & More will remain under the possession of Kaffeine Wallpapers & More until payment has been received in full.
Exceptions may apply to this general rule; such exceptions will be contained in an exhibit attached to these Terms and Conditions after being approved by both Parties.
8. Governing Law, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the Spanish Law as long as it is not in conflict with European Law. When European Law has no jurisdiction over the subject matter, Spanish Law shall govern exclusively. Any controversy or dispute arisen between Kaffeine Wallpapers & More, S.L. and the Customer shall be settled in the courts of Badalona (Barcelona, Spain). The Customer irrevocably submits to the jurisdiction of such courts and waives any objection it may have to the jurisdiction or venue of such courts.
10. Severability
In the event that any provision of this Terms and Conditions Agreement shall be determined to be invalid or unenforceable, then such determination shall not affect any other provisions of this Agreement. The Customer hereby agrees to the replacement of the provision held invalid or unenforceable by another valid provision which is the most similar possible to the original provision.