Terms of service
1. General
The following Terms and Conditions have been drafted to provide users of the website www.indiandcold.pro with clear, understandable, unambiguous and truthful information, available permanently, easily and free of charge, regarding the conditions governing the sale of our products through this website.
These Terms and Conditions will remain available to all users under the “Conditions” or “Terms of Service” section, where they may consult and print them whenever they wish.
In order to make purchases through our website, users must expressly read and accept these General Terms and Conditions of Purchase by ticking the corresponding box, either when registering or when making a purchase as a guest. Consequently, the purchase process cannot be completed and no orders can be placed without acceptance of these Terms and Conditions.
2. Identification of the Seller
Users are hereby informed that the entity responsible for the sales offers made through the website www.indiandcold.pro is:
· Company name: DANG DANG, S.A.U. (hereinafter, INDI&COLD)
· Tax Identification Number (NIF): A20083879
· Registered office: Calle Portuetxe, No. 24 - Bajo
20018 San Sebastián (Guipúzcoa), Spain
· WhatsApp: 689 53 25 59
(This channel is available solely for communication via instant messaging and does not provide telephone assistance.)
· Email: hola@indiandcold.pro
· Company registration details: DANG DANG, S.A.U. is registered with the Commercial Registry of Guipúzcoa, Volume 1119, Folio 146, Sheet SS-2576.
3. Purchase Process
Only persons over 18 years of age may make purchases through our website. Accordingly, users declare that they are over 18 years of age and therefore have the legal capacity required to enter into contracts and make purchases through our website.
Registration is not required to make purchases through this website. However, registering allows users to manage their purchases, addresses, order history, etc., through their private account area.
Registered users can make purchases by entering their email address and the code that will be sent to that email address. Users who are not registered must instead provide the personal information requested through the relevant form.
To make a purchase, users simply need to follow these steps:
1. Search for the product they wish to purchase using the menus, filters and various search functions available on the website.
2. Select the product. Once the product has been selected, the user must choose the desired size. The product will then be automatically added to the shopping basket, where the user can select the desired quantity. To continue, click the “Pay for order” button.
3. Enter the address and make the payment. At this stage, the user will see the items added to the shopping basket, including their price, applicable taxes and shipping costs. A discount code or gift card may be applied, and the billing address and, where different, the shipping address must be provided.
Promotional codes may be used in accordance with the terms and conditions published for each promotion. They will apply either as a discount on the purchase of a single item or as a discount on an order during the period specified by the promotional code. Promotional codes may only be used on the website www.indiandcold.pro.
At this stage, the user must select the shipping method. The delivery time and shipping costs for each available method will be indicated, unless shipping is free of charge. The user must then select the payment method and click the “Pay now” button to complete the purchase process.
Before completing the purchase process, the user must accept these General Terms and Conditions of Purchase.
4. Order confirmation. Once the purchase has been completed, the customer will be shown confirmation that the order has been received and will receive an email confirming the purchase, which will also include a summary of the order.
Failure to receive this message may be due to a temporary communication problem on the network or an error in the email address provided. In either case, users are advised to contact us at hola@indiandcold.pro.
Purchases may only be completed in Spanish, English or French.
For any questions, users may contact us by email at hola@indiandcold.pro or via WhatsApp at 689 53 25 59, during customer service hours, Monday to Friday, from 9:00 a.m. to 3:00 p.m. Queries received through these channels will be answered according to a chronological priority system, i.e. in the order in which they are received.
4. Payment Methods
Several payment methods are available: credit or debit card, Apple Pay, Google Pay, PayPal and Scalapay (interest-free instalment payments).
If an order is paid for by credit or debit card, only Secure Electronic Commerce (CES) transactions will be processed in order to provide greater security to users of www.indiandcold.pro. The purchaser will therefore be authenticated as the legitimate holder of the card being used. In addition to the card number and expiry date, the purchaser will be required to provide a personal password intended exclusively for online purchases, in this case on www.indiandcold.pro, which will identify the customer as the cardholder.
When making a purchase, card details are entered only on a page belonging to a banking institution or the relevant online payment service provider and are transmitted in encrypted form. INDI&COLD only receives the outcome of the transaction and does not have access to any of the card details entered.
In accordance with Article 112 of Royal Legislative Decree 1/2007, where the amount of a purchase has been fraudulently or improperly charged using the payment card number, the cardholder may demand the immediate cancellation of the charge. In such cases, the corresponding debit and credit entries in the accounts of INDI&COLD and the cardholder will be made as soon as possible.
However, if the purchase was actually made by the cardholder and the request for reimbursement is not the result of the exercise of the right of withdrawal or cancellation, the cardholder shall be liable to INDI&COLD for compensation for any damages caused as a result of such cancellation.
5. Private Account Management
To access the private account area, users must first register and enter their email address and the one-time code that will be sent to them by email.
In their private account area, users will have access to a comprehensive space where, among other functions, they may:
· Register, modify, or correct their personal details in order to keep them up to date.
· Manage an address book for shipping, billing, or other purposes.
· View their order history.
· Add their date of birth in order to enjoy special benefits.
· Subscribe or unsubscribe from the newsletter.
· Use other features designed to facilitate the management of their user profile.
6. Geographical Scope of the Offers
The products offered on the website www.indiandcold.pro are available in the following countries: Spain (mainland Spain and the Balearic Islands), France, Portugal (excluding the Azores and Madeira)
7. Product Availability
The items offered on the website www.indiandcold.pro are subject to availability and stock limits. The number of units available is kept up to date according to warehouse stock levels. Therefore, if a customer selects a product that is out of stock, this will be indicated both in the shopping basket and on the relevant product page.
Under no circumstances will INDI&COLD intentionally offer for sale more units than are actually available.
However, if a customer purchases an item that is unavailable, INDI&COLD will refund the amount paid for the products affected by the lack of availability as soon as possible and, in any event, no later than 14 calendar days from the date on which the customer is notified of the lack of availability.
8. Prices, Taxes and Shipping Costs
The price of the products shall be the price displayed on our website at any given time. Although we make every effort to ensure that all prices shown on the website are accurate, errors may occasionally occur.
The prices of the products offered through our website are displayed in euros only. The final amount payable by the user will be shown on each product page and in the shopping basket and will include Value Added Tax (VAT) at the rate applicable at the relevant time, as well as any other taxes that may be applicable.
However, these prices do not include shipping costs. Where applicable, shipping costs will be added to the price of each product and will in all cases be clearly indicated in the purchase summary, shopping basket, during the order review process and before payment is made.
The applicable shipping costs and conditions are as follows:
|
Destination |
Service |
Delivery |
Cost |
Free shipping from |
|
Spain |
Express |
Home delivery |
6€ |
85€ |
|
Pickup |
Store collection |
0€ |
||
|
Spain (Balearic Islands) |
Express |
Home delivery |
6€ |
85€ |
|
Pickup |
Store collection |
0€ |
||
|
Portugal (excluding Azores and Madeira) |
Express |
Home delivery |
6€ |
85€ |
|
Spain / Portugal |
Collection |
InPost Point |
2,90€ |
85€ |
|
France |
Standard |
Home delivery |
8€ |
120€ |
|
France |
Collection |
InPost Point |
4,80€ |
120€ |
9. Product Shipping and Delivery Times
Products purchased through www.indiandcold.pro will be shipped via a courier service and delivered to the address provided by the user.
INDI&COLD shall not be liable for delays or failed deliveries caused by errors made by the purchaser when providing the shipping address or by incomplete addresses.
Products will be delivered according to the courier company's delivery schedule. If the user is absent at the time of delivery, they must contact the carrier to arrange a new delivery date and time. INDI&COLD shall not be responsible for delays resulting from the user's absence at the time of the attempted delivery.
To avoid such incidents, we recommend providing an address where delivery can be carried out without difficulty.
Purchases made through our website will be delivered within a maximum of six (6) business days from confirmation of the order, although the delivery time may vary depending on the destination, as indicated below.
Orders may be delivered between 8:00 a.m. and 8:00 p.m., Monday to Friday, excluding public holidays, and the recipient will be required to sign the delivery receipt or delivery note upon delivery.
The delivery times, calculated from the date the order leaves our warehouse, are as follows, with delivery times expressed in business days:
|
|
Mainland |
Balearic Islands |
INDI&COLD physical stores |
|
Spain |
1–2 business days |
2–3 business days |
3–6 business days |
|
Destination |
Service |
Delivery time |
|
Portugal (excluding the Azores and Madeira) |
Home Delivery |
1–2 business days |
|
France |
Home Delivery |
2–3 business days
|
These delivery times do not include events of force majeure beyond INDI&COLD’s control, such as adverse weather conditions or strikes.
For security reasons, INDI&COLD will not ship orders to post office boxes and will not accept orders where it is not possible to identify the recipient or their address.
Responsibility for the products shall pass to the customer upon delivery of the order.
When the customer receives the purchased item, they should check that:
· It corresponds to the order placed.
· It is in perfect condition.
· It has not been damaged during transport.
If the product received does not correspond to the product ordered, the customer must notify INDI&COLD using the contact details provided in these Terms and Conditions. The incorrectly delivered product will be collected, and the correct product will be sent at no additional cost to the customer, provided that it is available. If the correct product is unavailable, the amount paid by the customer will be refunded.
If the customer identifies an issue of this nature, they must notify INDI&COLD by email at hola@indiandcold.pro, providing their personal details, order number and a description of the issue.
Customers are advised to report any such issue within seventy-two (72) hours of receiving the order in order to facilitate its logistical management. However, failure to report the issue within this period shall not limit or adversely affect any rights to which the customer may be entitled in the event of a lack of conformity of the product under the applicable consumer protection legislation.
The customer also undertakes to notify INDI&COLD of any failure to receive an order once ten (10) business days have elapsed from the date the shipping notification was sent, by emailing hola@indiandcold.pro.
If the item cannot be replaced with an identical item, the amount paid by the customer will be refunded. If the order contains several items and the lack of conformity affects only one or more products in an order comprising multiple items, the refund shall include the price of the affected products and the proportionate share of the initial shipping costs attributable to those products, or the full amount of such shipping costs where this is required in view of the circumstances of the case.
Refunds will be made using the same payment method used for the purchase.
10. Product Delivery and Delivery Issues
INDI&COLD undertakes to deliver the product in perfect condition to the address specified by the customer in the order form. In all cases, the delivery address must fall within the geographical scope indicated in Clause 6 of these General Terms and Conditions of Purchase (home address, workplace, etc.; never a post office box).
It is essential that all recipient details are accurate and complete (name, address, house number, floor and mobile phone number) so that we can ensure delivery within the established timeframe and facilitate coordination with INDI&COLD or the transport company.
INDI&COLD or the transport company will generally make a first delivery attempt during normal business hours, taking into account any time preferences provided by the customer for a second delivery attempt if the first attempt is unsuccessful.
INDI&COLD shall not be liable for delays or failed deliveries resulting from errors made by the customer when providing the delivery address, incomplete delivery details, or the customer's failure to attend the relevant office to collect the order after being absent at the time of delivery and receiving a collection notice from INDI&COLD or the transport company.
If the customer is absent at the time of delivery, INDI&COLD or the transport company will leave a notice confirming that a delivery attempt was made at the specified address or will contact the customer by telephone to arrange a new delivery time.
If delivery has not taken place within seven (7) business days after the maximum delivery period has elapsed, the customer must contact INDI&COLD by email at hola@indiandcold.pro to notify us that the order has not been delivered.
If delivery cannot be completed for reasons attributable to the customer, including repeated absence, incomplete or incorrect delivery details, or failure to collect the order from the collection point within the period specified by the carrier, the order may be returned to INDI&COLD’s warehouses. In such cases, INDI&COLD will refund the amount paid by the customer, although it may charge the customer for the direct and duly substantiated costs incurred as a result of the return and, where applicable, the cost of a new shipment.
Conversely, where delivery does not take place within the agreed timeframe for reasons not attributable to the customer, the customer may contact INDI&COLD to request delivery within an additional period appropriate to the circumstances or, where applicable under the relevant legislation, terminate the contract and obtain a refund of the amounts paid.
If the packaging or product shows visible damage at the time of delivery, customers are advised to record this with the transport company on the delivery note and notify INDI&COLD within 72 hours of receiving the order, in order to facilitate the management of the incident. This recommendation does not limit any rights to which consumers may be entitled where the product received does not conform to the contract.
If the customer mistakenly receives a package that they did not order, they must notify INDI&COLD, which will bear the return shipping costs.
In all cases, if any problem arises, the customer should contact INDI&COLD at hola@indiandcold.pro so that we can manage and resolve the issue.
11. Events Beyond Our Control
INDI&COLD shall not be liable for delays or failures to fulfil its obligations where these are caused by unforeseeable or unavoidable events beyond its reasonable control, which substantially prevent or hinder the fulfilment of such obligations and are not attributable to INDI&COLD.
For these purposes, events beyond our control may include, among others, provided that the above requirements are met: general or sector-specific strikes; external labor disputes that substantially affect transport or supply; riots; terrorist acts; wars; fires; explosions; storms; floods; earthquakes; epidemics; pandemics; public health emergencies; widespread and unforeseeable interruptions to transport or telecommunications services; restrictions, acts or decisions by public authorities; and any other force majeure events that prevent or delay the fulfilment of the obligations undertaken.
In such cases, the obligations affected shall be suspended for as long as the event beyond our control continues. INDI&COLD shall take reasonable measures to minimize its effects and fulfil its obligations as soon as possible.
Where an event beyond our control affects the delivery of an order, INDI&COLD shall inform the customer without undue delay and offer the customer the option of keeping the order with a new estimated delivery date or terminating the contract and receiving a refund of the amounts paid.
Nothing set out in this clause shall limit the rights to which consumers are entitled under the applicable consumer protection legislation, particularly in relation to the delivery of goods, the right of withdrawal, the statutory guarantee of conformity, termination of the contract and the reimbursement of any amounts due.
INDI&COLD shall not be liable for technical incidents, connection failures or interruptions to third-party networks or systems that are beyond its reasonable control, provided that such incidents are not attributable to INDI&COLD and without prejudice to any rights to which consumers may be entitled where such incidents affect an order, payment, return, guarantee or claim.
Information relating to products, prices, costs, delivery times, availability, consumer rights and other essential contractual terms shall be the responsibility of INDI&COLD in accordance with the applicable legislation, without prejudice to the fact that certain information may originate from manufacturers, logistics providers, payment service providers or other third parties.
Nothing in this clause shall exclude or limit any liability of INDI&COLD that cannot legally be excluded or limited under applicable consumer protection legislation.
12. Returns of Defective Products
If a customer receives a defective or damaged product, or a product that differs from the one ordered, they may request its return by sending an email to hola@indiandcold.pro, with “Return” in the subject line and the relevant order number.
Customers are advised to report the issue within seventy-two (72) hours of receiving the order in order to facilitate its logistical management and, where applicable, any claim against the transport company. However, failure to report the issue within this period shall not limit or adversely affect any rights to which the customer may be entitled in the event of a lack of conformity of the product under applicable consumer protection legislation.
Once we have received the product and verified the defect, damage or error, INDI&COLD will refund the full purchase price of the product, as well as the shipping costs incurred and any other costs incurred by the customer in connection with returning the product.
The customer must return the product in accordance with the instructions provided by INDI&COLD and, where possible, using the original packaging or, failing this, suitable packaging that adequately protects the product during transport. The absence of the original packaging shall not prevent the consumer from exercising their statutory rights in the event of a lack of conformity.
All of the above is without prejudice to the right of withdrawal and the applicable statutory guarantee of conformity, as provided for in these General Terms and Conditions of Purchase and under applicable consumer protection legislation.
13. Size Exchanges
Without prejudice to the statutory right of withdrawal and the statutory guarantee of conformity, customers may request a size exchange for products purchased, provided that the requested new size is available and the conditions set out in this clause and the preceding clause are met.
In all cases, size exchanges must be requested through the private account area of the website or at a physical store.
A size exchange may be requested within seventy-two (72) hours of the customer receiving the order. This period does not affect the statutory 14-calendar-day period for exercising the right of withdrawal, nor the statutory guarantee of conformity period where the product is defective, incorrect or otherwise does not conform to the contract.
For a size exchange to be accepted, the product must be in good condition, with no signs of use beyond what is strictly necessary to try it on and check the size. It must not have been washed, altered or stained, and must be free from odors, damage, or any form of tampering. Where possible, it should be returned with its original tags, packaging, and accessories. This condition shall not limit any rights to which the consumer may be entitled in the event of exercising the right of withdrawal or where the product does not conform to the contract.
The direct costs of returning the product for a size exchange shall be borne by the customer, unless INDI&COLD expressly states otherwise or the exchange is due to an error attributable to the seller or to a lack of conformity of the product. The new size will be shipped in accordance with the logistical conditions indicated during the exchange process, with shipping costs payable by the customer.
If the requested size is unavailable, INDI&COLD will inform the customer and offer, at the customer's choice, a refund of the product price, a replacement with another available product, or the issue of a voucher or purchase code, provided that the customer expressly agrees to the latter option.
For reasons of hygiene and health protection, size exchanges will not be accepted for sealed products that are unsuitable for return for such reasons where the seal has been removed after delivery. This may apply, depending on the circumstances, to certain underwear, swimwear, tights, socks or similar products, unless the product presents a lack of conformity or a manufacturing defect.
The size exchange provided for in this clause is a commercial service offered by INDI&COLD and does not limit or replace the statutory right of withdrawal or the rights arising from the statutory guarantee of conformity granted to consumers under applicable consumer protection legislation.
14. Right of Withdrawal
The right of withdrawal from a contract is the buyer's right to cancel the contract entered into by notifying the seller of their decision within the legally established period, without having to provide any justification and without incurring any penalty.
Where the customer exercises the right of withdrawal, both parties shall return to each other the amounts paid and the products concerned.
The customer has a period of fourteen (14) calendar days from receipt of the order to exercise the right of withdrawal, in other words, to return the order.
However, as provided for in Article 103 of Royal Legislative Decree 1/2007, the right of withdrawal shall not apply to contracts relating, among others and without limitation, to:
a) The supply of goods made to the consumer's specifications or clearly personalized.
b) The supply of goods that are liable to deteriorate or expire rapidly.
c) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
In accordance with Article 108 of the same legislation, the customer shall bear the costs of returning the purchased item.
In the event of a partial return of an order subject to a promotion conditional upon the purchase of a specified number of products, a minimum order value or a combination of items, INDI&COLD may adjust the promotional amount only where this condition was clearly and expressly communicated before the contract was entered into and provided that such adjustment does not constitute a penalty for exercising the right of withdrawal.
The customer may exercise the right of withdrawal by: sending an email to hola@indiandcold.pro.
Once the customer has exercised the right of withdrawal, INDI&COLD will contact them to arrange the refund using the same payment method originally selected by the customer. The refund will be made within a maximum period of fourteen (14) calendar days from the date on which the right of withdrawal is exercised.
In the event of a full withdrawal from the order, INDI&COLD will refund all payments received from the customer, including, where applicable, the cost of standard delivery paid by the customer, without prejudice to the customer's obligation to bear the direct costs of returning the products, as indicated above. Additional costs arising from the customer's choice of a delivery method other than the least expensive standard delivery option offered by INDI&COLD will not be refunded. Partial returns and partial cancellations will result in partial refunds.
The product may be returned by post or courier, with the cost always borne by the customer (except where the return is due to the product being defective or faulty). INDI&COLD will not accept returns sent carriage forward or cash on delivery.
The customer may examine and try the product in a manner similar to what would reasonably be possible in a physical store in order to verify its nature, characteristics, or functioning. Accordingly, if the product has been used beyond what is necessary for such verification, the customer shall be responsible for any deterioration or reduction in the product's value resulting from handling beyond that necessary to establish its nature, characteristics or functioning. In such cases, INDI&COLD may deduct the amount to be refunded to the appropriate and duly substantiated depreciation, without this limiting the customer's statutory right of withdrawal.
If the return cannot be made using the box in which the returned item was originally delivered, the customer must return it in suitable protective packaging to ensure that the product reaches INDI&COLD's warehouse in the best possible condition.
Until the product has been delivered to INDI&COLD or to a person authorized to receive it, the customer must take reasonable measures to ensure its proper preservation and packaging. Where the return is managed by INDI&COLD or by a carrier designated by INDI&COLD, the customer shall not bear the risks associated with transport from the moment the product is handed over to the carrier, unless the damage results from an act attributable to the customer.
15. Product Descriptions and Images
The descriptions, photographs, videos and other content relating to the products are intended to inform consumers about their main characteristics and form part of the pre-contractual information provided before purchase.
INDI&COLD endeavors to ensure that products are represented as accurately as possible. However, slight and non-substantial variations may occur due to the screen settings of the device used, lighting, color perception, or other technical factors.
If the product delivered does not substantially correspond to the description, characteristics or qualities presented to the consumer before purchase, the customer may exercise the rights to which they are entitled in the event of a lack of conformity under applicable consumer protection legislation.
16. Guarantees
The products offered through this website are subject to statutory guarantees. Accordingly, INDI&COLD shall be liable for any lack of conformity existing at the time of delivery and which becomes apparent within three years from the date of delivery, provided that the product does not conform to the contract.
Among other circumstances, a product shall be considered not to conform to the contract where it does not correspond to the description provided on the product page, does not possess the qualities presented to the consumer, is not fit for the purposes for which products of the same type are ordinarily used, or has manufacturing, material or finishing defects that are not the result of improper use by the consumer.
In accordance with Article 121.1 of Royal Legislative Decree 1/2007, unless proven otherwise, any lack of conformity that becomes apparent within two years following delivery of the goods shall be presumed to have existed at the time of delivery, except where this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. After this period, i.e. from the 25th month, the customer shall be responsible for demonstrating that the lack of conformity existed at the time of delivery.
In the event of a lack of conformity, the customer shall be entitled to request, at their choice, the repair or replacement of the goods, unless either option is objectively impossible or would impose disproportionate costs on the seller compared with the other corrective measure. Repair or replacement shall be carried out within a reasonable period from the time the customer reports about the lack of conformity and at no cost to the customer.
If repair or replacement is impossible, has not been carried out within a reasonable period, or if the lack of conformity reappears after the product has been brought into conformity, the consumer may request a proportionate reduction in the price or termination of the contract with a full refund of the price paid. Termination shall not apply where the lack of conformity is minor.
Any corrective measures applicable due to a lack of conformity shall be free of charge to the customer, including the necessary costs of bringing the product into conformity, in particular applicable shipping, transport, labor and material costs.
The statutory guarantee shall not cover damage, defects or deterioration resulting from normal use of the product, improper or negligent use, or use contrary to the care, washing or maintenance instructions indicated on the product label or product page. It shall also not cover damage caused by handling, alteration, unauthorized repairs, accidents, snagging, friction, incorrect washing, exposure to chemicals, or any other cause attributable to the customer.
To exercise the statutory guarantee, the customer must notify INDI&COLD of the issue by email at hola@indiandcold.pro or by post to:
INDI&COLD
Calle Portuetxe, nº 24 - Bajo
C.P. 20018 San Sebastián (Guipúzcoa), Spain
The customer should indicate the order number, provide a description of the alleged lack of conformity, and, where possible, attach photographs of the affected product. INDI&COLD may request the return of the product for inspection, bearing the costs legally applicable where the existence of a lack of conformity is confirmed.
When the customer makes the product available to INDI&COLD for inspection, repair, replacement or bringing it into conformity, the customer will be provided with documentary confirmation stating the date on which the product was handed over and the alleged lack of conformity. Likewise, once the applicable corrective measure has been carried out, documentary confirmation will be provided of the delivery of the product after it has been brought into conformity and of the corrective measure performed.
This statutory guarantee is without prejudice to any other rights to which the customer may be entitled under applicable legislation, including the right of withdrawal.
17. Security
INDI&COLD has implemented the highest security measures available at any given time, in accordance with the current state of technology. The bank card payment process operates on a secure server using the SSL (Secure Sockets Layer) protocol. Information is therefore transmitted in encrypted form, ensuring that it can only be understood by the user's computer and the website www.indiandcold.pro, thereby preventing third parties from reading or manipulating the information.
Likewise, when payment is made through PayPal, the user is redirected to the PayPal website, which also uses a secure server employing the SSL protocol. The information is likewise transmitted in an encrypted form.
For further information regarding the payment security provided by PayPal, we recommend consulting its website via the relevant link.
18. Suggestions, Complaints and Claims
Users of the website www.indiandcold.pro may submit suggestions, complaints and claims through the website itself, by sending an email to hola@indiandcold.pro, or by post to:
DANG DANG, S.A.U.
Calle Portuetxe, nº 24 - Bajo
C.P. 20018 San Sebastián (Guipúzcoa), Spain
INDI&COLD will acknowledge receipt of complaints submitted and respond to them within a maximum period of 15 days from receipt. In all cases, the customer will be provided with a reference, case number or other proof allowing them to evidence the submission and track their complaint.
If the complaint is not resolved satisfactorily, the customer may, where applicable, refer the matter to the competent alternative dispute resolution bodies for consumer disputes.
19. Information on the Processing of Personal Data
In accordance with the General Data Protection Regulation (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights, customers are hereby informed of the following matters concerning the processing of their personal data:
Data Controller: DANG DANG, S.A.U., Tax Identification Number (NIF) A20083879, with registered office at Calle Portuetxe, nº 24 – Bajo, C.P. 20018 San Sebastián (Guipúzcoa), Spain.
Purpose of processing: We use customers' personal data to manage their registration so that they can make purchases through our website and, accordingly, to manage and process the orders they place, the contractual relationship arising from those orders and the services they request.
Likewise, where customers give their consent by ticking the relevant box, we will use their identification and contact details to send them, by electronic means, commercial information about our company, products, services, new products, events, news, offers, discounts and promotions.
In this regard, we use Klaviyo, a platform developed by Klaviyo, Inc., to manage our commercial communications more efficiently and dynamically and to better monitor the commercial communications we send by email. The use of this service involves the inclusion of tracking technologies in such communications by the service provider in order to monitor whether recipients open emails and click on links contained in emails, and to prepare campaign performance reports based on the information collected.
Personal data collected: All personal data we collect is necessary for managing registration, contractual relationships, and customers' orders. Accordingly, providing such data is mandatory; if it is not provided, we will be unable to process your registration or order or fulfil the obligations arising from them.
Legal basis for processing: The legal basis for processing customers' personal data is that such processing is necessary for the performance of a contract to which the customer is a party.
With regard to the sending of commercial information, the legal basis for processing personal data is the consent given by the customer by ticking the relevant box. Consent may be withdrawn at any time, and, in any event, each commercial communication will contain a simple and free mechanism for unsubscribing and ceasing to receive such communications.
Recipients of the data: We will not disclose customers' personal data to third parties unless this is necessary for the performance of the contract or order, or to comply with applicable legal obligations.
However, we use services provided by third parties acting as data processors, with whom we have entered into the corresponding data processing agreements in accordance with Article 28.3 of the GDPR.
International data transfers: We use services provided by third parties [for example, Microsoft Corporation, Shopify, Inc., WhatsApp, Inc. or Klaviyo, LLC (Klaviyo)], which act as data processors. Although some of these providers are located outside the European Union and the European Economic Area, the international transfers of personal data resulting from their use are subject to the appropriate safeguards provided for in Article 45.1 of the GDPR, where applicable through certification under the EU-U.S. Data Privacy Framework, and those provided for in Article 46.2(c) of the GDPR, namely standard contractual clauses adopted by the European Commission.
Data retention period: We will retain customers' personal data for the duration of the contractual relationship and subsequently for the periods necessary to comply with applicable legal obligations.
With regard to commercial communications, customers' identification and contact details will be retained until they withdraw their consent. Consent may be withdrawn at any time and, in any event, each commercial communication will contain a simple and free mechanism for unsubscribing and ceasing to receive such communications.
Data protection rights: Customers may request access to their personal data, as well as the rectification, erasure, restriction of processing, objection to processing or portability of their data, by submitting a written request to DANG DANG, S.A.U., Calle Portuetxe, nº 24-Bajo - C.P. 20018, San Sebastián (Guipúzcoa), Spain, or by sending an email to info@indiandcold.pro.
Complaint to the supervisory authority: Customers may lodge a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos), either through its electronic office or at its registered address at Calle Jorge Juan, nº 6 - C.P. 28001 Madrid, Spain.
Use of Cookies
Please refer to the policies established in this regard in our Cookie Policy.
20. Amendments to the General Terms and Conditions of Purchase
Legislative changes or changes to agreements with our suppliers may require us to amend these General Terms and Conditions of Purchase. Accordingly, INDI&COLD reserves the right to modify the information and terms contained in these General Terms and Conditions of Purchase.
We recommend that users read these Terms and Conditions each time they access our website and, in any event, whenever they intend to make a purchase, so that they can freely decide whether or not to proceed with the purchase.
In all cases, the Terms and Conditions in force at the time each purchase is made shall apply.
21. Applicable Law
The activities carried out through the website www.indiandcold.pro are subject to the applicable European and Spanish legislation in force, including, where applicable:
· Real Decreto de 22 de agosto de 1885 por el que se publica el Código de Comercio (Royal Decree of 22 August 1885 publishing the Commercial Code).
· Real Decreto de 24 de julio de 1889 por el que se publica el Código Civil (Royal Decree of 24 July 1889 publishing the Civil Code).
· Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para Consumidores y Usuarios y otras leyes complementarias (Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary legislation).
· Reglamento (UE) 2016/679 del Parlamento Europeo y del Consejo, de 27 de abril de 2016, relativo a la protección de las personas físicas en lo que respecta al tratamiento de datos personales y a la libre circulación de estos datos y por el que se deroga la Directiva 95/46/CE (General Data Protection Regulation – GDPR).
· Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights).
· Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico (Law 34/2002 of 11 July on Information Society Services and Electronic Commerce).
22. Jurisdiction
In accordance with the applicable legislation described in the preceding section, for any dispute or conflict arising between customers of the website www.indiandcold.pro and INDI&COLD, the parties expressly agree to submit to the jurisdiction of the Spanish courts and tribunals, with the competent courts within Spain being, in all cases, those corresponding to the customer's place of residence, insofar as required or permitted by applicable consumer protection legislation.
In any event, for any complaint, customers may contact us using the physical or email addresses indicated in Clause 18, “Suggestions, Complaints and Claims.”
