Terms of service

TERMS OF USE AND GENERAL CONDITIONS 

This page establishes the conditions governing the use of http://www.theanimalsobservatory.com (the "Web" or “Website”) and the purchase of products on the same (the "Terms and Conditions") together with the Legal Notice, the Privacy Policy and the Cookies Policy, they form the legal framework applicable (the "Legal Terms of the Web") to the use of the Web and will be updated periodically, so they will be applicable those that are published when you use the Web.

The Legal Terms of the Web apply to transactions carried out on the Web from the date of publication, in relation to the products ("Product/s”) purchased at the time these conditions were available, remaining in force thereafter in all that is provided therein on a permanent basis. 

The use of the Website confers the status of User ("User" or "Users") to those who use it and the purchase of a Product confers the status of Customer (“Customer”). The acceptance of these Terms and Conditions by the User and Customer will be an indispensable requirement in order to formalize any contractual relationship between the User and The Animals Observatory.

The Animals Observatory offers a wide range of Products and sometimes, additional terms may apply such as shipping services ("Service Terms"). If these Terms and Conditions differ from the Service Terms, those Service Terms will prevail.

1. IDENTIFICATION

The Terms and Conditions expressly regulate the relations arising between TAO WORKERS, S.L. ("The Animals Observatory" or “We”) with VAT number B55217558, headquarters at Parc Científic i Tecnològic UDG Planta -1 Bloc C (C1/P-a), C/ Emili Grahit, 91, 17003 Girona, Spain, and contact e-mail address info@theanimalobservatory.com and Users or Customers who visit the Web who can register as Users and purchase Products through the Website http://www.theanimalsobservatory.com 

2. CONDITIONS OF USE

By using the Website and by purchasing (“Purchase”), as a User and/or Customer you agree to: 

  1. Use the Website only to make legally valid inquiries, Purchases or orders. 

  2. Not to make false or fraudulent Purchases. If it is reasonably believed that a Customer has placed such an order, The Animals Observatory will be authorized to cancel it and inform the relevant authorities.

  3. Provide truthful and accurate information necessary to process your Purchase. 

The Web is not directed to minors, for this reason, by purchasing through the Web, you declare that you are over 18 years of age. If you are under 18 you may use the Web only with the involvement of a parent or guardian.

3. HOW TO MAKE A PURCHASE

In order to Purchase a Product, you must select it, indicate the exact size, and add it to the bag by clicking the “add to bag” button.

When the Product is in the bag, you will be able to do the checkout. If you already have an account; you can sign in by clicking “Already have an account? Log in”.  Once you have accessed your account, you must confirm the address if you have entered it before, otherwise, if it is the first time that you Purchase a Product you must indicate the shipping address. If this is not the case and you don't want to Create a New Customer Account you can also purchase as a guest indicating contact and shipment information. Then, you must choose the shipping method. 

Having completed the above mentioned steps, you must select the payment method, those indicated at the time of payment.

We reserve the right to make changes to the Web and Legal Terms of the Web at any time. You will be subject to the Legal Terms of the Web in force at the time that you use the Web and Purchase any Product. If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

4. CONDITIONS OF PURCHASE

Please read these Terms and Conditions carefully before placing a Purchase with The Animals Observatory. By placing a Purchase, you signify your agreement to be bound by these Terms and Conditions and accept our Privacy Policy.

4.1 Our Contract

These Terms and Conditions are offered in several languages, but the version that will prevail if there is any doubt of meaning or interpretation, will be the English version which prevails among any others. The Animals Observatory will keep a digital report of its acceptance at the User's  and/or Customers disposal at any time.

When you place an order to Purchase a Product from the Web, the order confirmation is an acknowledgment that we have received your order and does not confirm acceptance of your offer to buy the Product.

We only accept your offer and conclude the Purchase of a Product ordered by you, when We dispatch the Product to you and send an e-mail or post a message on the Message Centre of the Web confirming to you that We’ve dispatched the Product to you.

You consent to receive sales invoices electronically. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

Please note that We sell Products only in quantities, which correspond to the typical needs of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.

If you noted that there has been an error when entering your data during the registration process, you may modify them on the platform itself or by contacting the Customer service department at info@theanimalsobservatory.com, as well as exercise your right of rectification according to our Privacy Policy.

4.2 User Agreement

The User and/or Customer agrees, in general terms, to use the Web, Purchase the Products and use each of the services of the Web diligently, in accordance with the law, morality, public order and the provisions of this Legal Terms of the Web. The User shall also refrain from using it in any way that may impede, harm or impair the normal functioning and enjoyment of the shop by Users and can injure or cause damage to property and rights of The Animals Observatory, its suppliers, Users or in general any third party. 

These Terms and Conditions, the Privacy Policy of the Web and any document expressly referred to in them constitute the entire agreement ("Agreement”) between the User and/or Customer and The Animals Observatory.

4.3 Availability, Prices and Products

The availability of the Products offered will be subject to what is established on the Web at the time of the Purchase. You can find detailed information in the description of each Product on the Web.

The Animals Observatory reserves the right to decide at any time the Products that are offered to Users through Web. In particular, The Animals Observatory may add, at any time, new Products to those already offered or included in the Web; these new Products will be governed by these Terms and Conditions. Prices are usually visible on the Web; however, The Animals Observatory reserves the right to refuse an offer from a Customer if a price is displayed with a wrong result due to a typographical or any kind of error. In addition, The Animals Observatory reserves the right to stop providing or facilitating the access and use at any time and without prior notice of any kind of Products offered on the Web.

Products included in the Web will correspond as faithfully as possible using technology to display Products offered. The characteristics of the Products and their prices, which are in Euros (V.A.T. included, where applicable) unless otherwise indicated, appear in Web.

4.4 Customs

When ordering Products from the Web for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; We have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from the Web, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products. Your privacy is important to us, and We would like our international Customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

4.5 Right of return.

You have the right to withdraw the Purchase without giving any reason within 14 days from the day on which you receive the Purchased Products. In order to do so, If you have your own account, you can process a return through  “My Account” section, go to Returns, then “Request New Return”, choose the Products you want to return and submit the request. You can contact our Customer Service too, pointing out that you wish to exercise you right of return, who will provide a return authorization and a label of the shipping supplier if it applies. When possible, depending on the conditions of the selected shipping method and the conditions indicated at the time of exercising the right of return, We will provide a free shipping label for UE Customers. Once you have ready the package you will have to drop it off at the access point of the shipping supplier used to ship the Product, where applicable. The shipping conditions will be those indicated at the time of Purchase, or those that We indicate at the time of exercising your right of return. Once We receive the package and after checking that the Products are in the same conditions We delivered them, We will proceed with the refund. The refund will be made within a maximum period of 14 days after exercising the right of return, through the same channel by which the Purchase was made. In any case, you will receive an email in which We will provide information about the amount of this refund.

For additional information on the scope, content and instructions, please go to our Returns and Exchanges Policy or contact our Customer Service: info@theanimalsobservatory.com.

4.6 Account & Passwords

If you use the Web, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law; you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you find some suspicious account access.

If you have any reason to believe that your password is being used in an unauthorized manner, you are responsible to inform us as soon as possible.

5. ELECTRONIC COMMUNICATION

When you use the Web or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically by the email you provide when opening an account or sending an email. You can object to the sending of these communications at any time and without giving any reason by contacting lopd@theanimalobservatory.com. You can find more information about the processing of your data in our Privacy Policy.

6. INTELLECTUAL PROPERTY

All content included in or made available through the Web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of The Animals Observatory or its content suppliers and is protected by word-wide copyright, trademark, patent and other intellectual property laws and treaties. The same applies to the compilation of all content included in or made available through the Web.

You may not extract and/or re-utilize parts of the content of the Web without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of Web, without our express written consent. You may also not create and/or publish your own database that features substantial parts of Web (e.g. our prices and Product listings) without our express written consent.To make any comments regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the Web ,you can contact us through our email info@theanimalsobservatory.com., attaching the relevant information.

In any case, We cannot assume any responsibility with respect to the intellectual or industrial property rights of third parties that are infringed by the Users of the Web by any other person outside of The Animals Observatory.

7. OUR LIABILITY

We will do our most to ensure that availability of the Web will be uninterrupted and that transmission will be error-free. However, due to the nature of the internet, this cannot be guaranteed. In addition, your access to the Web may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

We are not responsible for any possible deficiencies caused by not having the technical requirements in your device that allow the correct functioning of our Web Site and the normal execution of the purchase process.

We will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, Products or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Web.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control. We are also not responsible for any circumstances that may arise regarding the shipping provider. 

8. FORCE MAJEURE 

We are not liable for any failure or delay in the performance of any of the obligations assumed, when due to events beyond our reasonable control ("Force Majeure Cause").

Force Majeure Events shall include any act, event, default, omission or accident which is unforeseeable or unavoidable and therefore beyond our reasonable control.

It will be understood that the obligations will be suspended during the period in which the Force Majeure Cause continues, and We will have an extension in the deadline to fulfill such obligations for a period of time equal to the duration of the Force Majeure Cause We will use all reasonable means to put an end to the Force Majeure Cause or to find a solution that allows us to fulfill our obligations despite the Force Majeure Cause.

9. WAIVER

Our failure to require strict performance by Users and/or Customers of any of their obligations under the Legal Terms of the Web or our failure to exercise any rights or remedies that may be available to them under the Agreement or these Terms and Conditions shall not constitute a waiver or limitation of such rights or remedies or relieve you from any such obligations.

No waiver by us of any particular right or remedy shall be deemed a waiver of any other right or remedy arising under the Agreement or these Terms and Conditions or be effective unless it is expressly stated to be a waiver and is set forth and communicated to you in writing

10. APPLICABLE LAW

Spanish law shall govern these Terms and Conditions. Any dispute arising from the interpretation or execution that may arise regarding the validity, interpretation, fulfillment or termination of this contract will bring under the Jurisdiction of the Courts of the City of Girona, Spain, waiving the capacity that may apply to the User and/or Customer, unless applicable law so permits.

10.1 Alternative dispute resolution

In addition, in the event that you have Purchased a Product online through the Web and you consider that your rights have been violated, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, We inform you that you have the right to use an online alternative dispute resolution procedure in consumer matters. You can request this procedure on the platform that you will find at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES. Giving that the use of the online platform is neither necessary nor compulsory you are free to directly assert your claims without using the platform.

11. DATA PROTECTION

The information or personal data you provide as a User and/or Customer will be processed in accordance with the provisions of the Privacy Policy, We guarantee the confidentiality of the data provided for the acquisition of the Products offered through the Web and their processing in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC ("GDPR") and to the Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights ("LOPDGDD").

As a User and/or Customer you understand and accept that from The Animals Observatory, We may share your communicated data to service providers that help us to carry out our activity.

You can access all the information on how We treat your data in the The Animals Observatory available here and/or contact us at lopd@theanimalsobservatory.com.  

Please review our Cookies Policy which also governs your use of the Web, to understand our practices.

12. PARTIAL NULLITY 

If any part of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining Terms and Conditions shall remain in force, without being affected by such declaration of nullity.

13. CUSTOMER SERVICE

Do not forget that you can always contact our Customer service writing to info@theanimalsobservatory.com  or by phone, using the number +34 93 262 99 14 Mon-Fri 8am-5pm CET.