General
This site is owned and operated by Cyberholic, Carlos Pinto whereas Qroft is the trading name. Operating Office: Cyberholic, c/o Carlos Pinto, Av. Francisco Vega Monroy 11 P1C, 35109 El Tablero, Gran Canaria. If you have any queries or comments about these terms & conditions please email us at carlos@qroft.com
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
Please read them as they contain important information.
Our Rights
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Privacy
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable spanish Data Protection and consumer legislation from time to time in place. When you shop on this Website, and only when you want to register as recurrent client, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We confirm that any Personal Information which you provide to us and any user Information from which we can identify you, is held in accordance with the registration we have with the spanish law.
We use your information only for the following purposes:
Processing your orders;
For statistical or survey purposes to improve this Website and its services to you;
To administer this website;
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights. When you create a shopping account while ordering online you will be given the option to receive information from Qroft by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. You may unsubscribe from our newsletter list at any time by following the links from the bottom of the emails or contact us at carlos@qroft.com
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so. Please check back frequently to see any updates or changes to our privacy policy. Questions regarding this Policy should be directed to our head office address
Cancelling or changing an order
We are sorry that in most circumstances it’s not possible to make changes to your order once you’ve placed it. If you’d like to add products to your order, please place a new order for these items. If you need to change details of your delivery address, remove items from your order or cancel it completely please email us on carlos@qroft.com. Please be ready to quote your order number and order date. If your order has already been dispatched or delivered, then you’ll need to follow our returns procedure in the event of any unwanted products.
Your purchase history
Within our shop, you are able to get access to an overview of all the orders you made with us. If you - for whatever reason - need these, you can download them from within that account after logging in.
Missing, incomplete or damaged orders
If your order hasn’t arrived, or arrives incomplete, first of all please view your order online, then contact us on carlos@qroft.com
If your order arrives and the goods are damaged, follow our Returns procedure
Returns Procedure
Returns and exchanges can be made via standard snail mail within 30 days of purchase. Fill out your reason(s) for return on the back of the delivery note and enclose the delivery note with the product, and package up securely. Obtain a certificate of postage from the Post Office.
Refunds policy
If for any reason you are unhappy with your purchase, please return the item along with proof of purchase (delivery note) within 30 days. You will only be refunded a delivery charge if you return a complete order. The delivery charge refunded will be for standard delivery only.
Faulty Items
If for any reason a faulty product slips through our Quality Control System, please return it to us with proof of purchase (delivery note) within 90 days of purchase. Your satisfaction is very important to us. You will not be charged return postage on faulty items
Condition of returns
It’s important that returned items are in the best possible condition, so please take reasonable care of them.
Delivery charges
We’ll only refund the standard delivery charge, provided you return the full order (Spain orders only).
User Information or registration
You warrant that: The Personal Information which you are required to provide when you want to register as a customer is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Orders safety
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows: You place the order for your products on the Website by pressing the checkou button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website. We will send to you an order acknowledgement via e-mail detailing the products you have ordered. This is not an order confirmation or order acceptance from Qroft. As your product is shipped from our warehouse or we start the personal delivery we will send you a despatch confirmation by e-mail. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it via e-mail.
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock.
For postal delivery: Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
Payment
Payment will only be accepted via the website, via our secure PayPal gateway, Cash on delivery or if you take advantage of the “Local pick-up store” option.
Products
Qroft has taken every care with the contents of this website to ensure that at the time of publishing all prices have been quoted correctly and product descriptions fairly described. All prices displayed include VAT. The dimensions given are approximate only. We have made every possible effort to display the colours of our products as accurately as possible on our website. However as the actual colour you will see will depend upon your monitor and browser, we cannot guarantee that the colour you see on your monitor will perfectly match the colour of the item delivered. Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
Damage to your computer
Qroft makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any website accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Qroft shall not be made liable for any loss or damage which may arise to computer equipment as a result of using this website.
To the extent permitted by applicable law, Qroft disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Qroft shall not be liable to any person for any loss or damage which may arise from the use of any of the information in any of the materials on this website.
Gift Vouchers
Gift vouchers may not be exchanged for cash. Credit cannot be given online therefore it is encouraged that the customer spend the total of the gift voucher.
Promotional discounts
Coupons, discounts and promotional discount codes offered by Qroft are valid only for use as part of a purchase made via the Qroft shop, unless otherwise stated. Qroft reserves the right to withdraw coupons, discount codes and promotional discount codes with out notice.
Ownership of rights
All rights in this website are owned by or licensed to Cyberholic. Any use if this website or its contents without permission of Cyberholic is prohibited. You may not modify, distribute or re-post anything on this website for any purpose.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract
Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses.
Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Qroft and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Law
The Conditions shall be governed by and construed in accordance with the laws of Spain and you irrevocably submit to the exclusive jurisdiction of the courts of San Bartolomé de Tirajana, Gran Canaria, Spain.