General conditions

GENERAL INFORMATION

The ownership of this website https://www.coolabali.com/,

( hereinafter Website ) holds it: COOLABALI LLC, provided with

NIE: 99-2907842 and registered in: COOLABALI; and whose registration data are:, and whose contact details are:

Address: 1111B S Governors Ave STE 3486 Dover, Delaware, 19904

United States

Contact telephone number: + 34 665809901

Contact email: info@coolabali.com

This document ( as well as other documents mentioned here ) regulates the conditions governing the use of this Website (https://www.colabali.com/) and the purchase or acquisition of products and / or services in it ( hereinafter, Conditions ).

For the purposes of these Conditions, it is understood that the activity that COOLABALI carries out through the Website includes:

Rental services for villas, boats, vans, luxury cars

In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, COOLABALI cookie policy, and privacy and data protection policy. By using this Website or by making and / or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if he does not agree with all of this, you should not use this Website.

Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them whenever they access, browse and/or use the Website since those that are in force at the time the acquisition of products and / or services will be applicable.

For all the questions that the User may have in relation to the Conditions, you can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, navigation and use of the Website confers the condition of user ( hereinafter referred to, interchangeably, individually as a User or jointly as Users ), for which they are accepted, since browsing the Website begins, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that are mandatory according to the case.

The User assumes his responsibility for the correct use of the Website. This responsibility will extend to:

Make use of this Website only to make legally valid queries and purchases or acquisitions.
Do not make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be voided and the relevant authorities would be informed.
Provide truthful and lawful contact information, for example, email address, postal address and / or other information ( see Legal Notice and General Conditions of Use ).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is mainly aimed at Users residing in Spain. Green Umbrella does not ensure that the Website complies with the laws of other countries, either totally or partially. Green Umbrella declines any responsibility that may derive from said access, as well as does not ensure shipments or provision of services outside of Spain.

The User may formalize, at his choice, with COOLABALI the contract of sale of the products and/or desired services in any of the languages in which these Conditions are available on this Website.

3. PROCESS OF PURCHASE OR ACQUISITION

Users can buy on the Website by the established means and forms. They must follow the procedure of online purchase and / or acquisition of https://www.coolabali.com/, during which various products and / or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "Request"

Likewise, the User must fill out and / or verify the information requested in each step, although, during the purchase process, before making the payment, purchase data can be modified.

Subsequently, the User will receive an email confirming that Green Umbrella has received their order or request to buy and / or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being sent.

Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email. Likewise, the User can, if he so wishes, obtain a copy of his paper invoice, requesting it from Green Umbrella using the contact spaces of the Website or through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and shown together with the presentation or, where appropriate, image of it on its website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, product details, or characteristics, how they will be carried out and/or cost of benefits; and recognizes that the placing of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Communications, purchase orders and payments that intervene during transactions made on the Website could be filed and kept in the computerized records of Green Umbrella in order to constitute a means of proof of transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation ( EU ) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of this data ( RGPD ) and Organic Law 3/2018, December 5, Protection of Personal Data and guarantee of digital rights,and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by COOLABALI through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure ( clause nine of these Conditions ) affects their supply and / or the provision of services. If there are difficulties in supplying products or there are no products left in stock, COOLABALI undertakes to contact the User and refund any amount that may have been paid as an amount. This will be equally applicable in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros ( € ) and include taxes, except that by legal requirement, especially regarding VAT, different question is pointed out and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, COOLABALI performs delivery and / or shipping services through: .

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card

Likewise, the User may pay all or part of the purchase price with a gift card and / or a subscription card issued by Green Umbrella and / or COOLABALI LLC.

COOLABALI uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL payment system ( Secure Socket Layer ).

Credit cards will be subject to verifications and authorizations by the issuing bank, if said entity does not authorize payment, Green Umbrella will not be responsible for any delay or failure to deliver and may not formalize any contract with the User.

Once Green Umbrella receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and / or confirmation of the service provided in the form is sent to the User and, where appropriate, established place.

If the payment method is a gift card or a card, the charge will be made at the time COOLABALI sends a confirmation of the order to buy or purchase products and/or services to the User.

In any case, by clicking on "Request" the User confirms that the payment method used is his, or that, where appropriate, is the legitimate holder of the gift card or the subscription card.

6. DELIVERY

In the cases in which it is appropriate to make the physical delivery of the contracted asset, deliveries will be made within the scope of the following territory: Spain ( Peninsula and the Balearic Islands )

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products related to each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, that is attributable to you, Green Umbrella cannot meet the delivery date, it will contact the User to inform them of this circumstance and, The latter may choose to continue with the purchase establishing a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on weekdays.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to get it delivered again.

If the User is not going to be at the delivery location in the agreed time slot, they must contact Green Umbrella to arrange delivery another day.

In the event that 30 days elapse after your order is available for delivery, and has not been delivered for a reason not attributable to Green Umbrella, Green Umbrella will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned to him, with the exception of the additional expenses resulting from the User's own choice of a delivery method different from the less expensive ordinary delivery modality offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the time the User or a third party indicated by the User acquires material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Green Umbrella receives full payment of all the amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after full receipt of the amount paid by Green Umbrella.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax ( VAT ), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any time depending on the specific article in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, You can modify them by contacting Green Umbrella through the contact spaces enabled on the Website, and, where appropriate, through those authorized to contact customer service, and / or using the contact details provided in the first clause ( General information ). Likewise, this information could also be corrected by the User through his personal connection space to the Website.

In any case, the User, before clicking on "Request", has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to collect more information on how to exercise your right of rectification as established in Regulation ( EU ) 2016/679 of the European Parliament and of the Council, April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of this data ( RGPD ) and in Organic Law 3/2018, December 5, Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In the cases in which the User purchases products on or through the owner's Website, he is assisted by a series of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, you have the right to withdraw from said purchase within 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the COOLABALI Website or in the event that the goods that make up your order are delivered separately, on the 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day the contract is concluded.

To exercise this right of withdrawal, the User must notify Green Umbrella of his decision. You can do it, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that COOLABALI makes available to them as a party annexed to these Conditions, however, its use is not mandatory.

To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding term expires.

In case of withdrawal, COOLABALI will reimburse the User for all payments received, including shipping costs ( with the exception of the additional costs chosen by the User for a different shipping method than the less expensive modality offered on the Website ) without any undue delay and, in any case, no later than 14 calendar days from the date on which COOLABALI is informed of the decision to withdraw by the User.

COOLABALI will reimburse the User using the same payment method that the User used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, COOLABALI could retain said refund until it has received the products or items of the purchase, or until the User presents proof of their return, according to which condition is met first.

The User can return or send the products to Green Umbrella at:

And you must do so without any undue delay and, in any case, no later than 14 calendar days from the date Green Umbrella was informed of the withdrawal decision.

The User acknowledges knowing that they must assume the direct cost of return ( transportation, delivery ) of the goods, if any is incurred. In addition, it will be responsible for the decrease in the value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. In an enunciative way, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; CDs / DVD music or video without its packaging, as sealed in the factory; products that for hygiene or health reasons are sealed and have been unprepared after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, as this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by Green Umbrella, you will have lost your right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original wrappers, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.

The withdrawal form model can be downloaded at the following link: https://www.coolabali.com/desestimiento

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, you should contact COOLABALI immediately and let him know the existing disagreement ( defect/error ) by the same means or using the contact data provided in the previous section ( Right of Withdrawal ).

The User will then be informed on how to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund is appropriate or, where appropriate, the replacement thereof.

The reimbursement or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User will always be followed, as consumer and user.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the terms legally established for each type of product, Green Umbrella responding, therefore, due to the lack of conformity of the same that is manifested within three years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by COOLABALI and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or error in the shipment section. However, some of the products that are marketed on the Website may have non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured,and that therefore they will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, The latter also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right of legal guarantee directly against them during the three years following the delivery of said products. For this, the User must have kept all the information regarding the guarantee of the products.

9. EXONERATION OF RESPONSIBILITY

Unless otherwise provided, COOLABALI will not accept any responsibility for the following losses, regardless of their origin:

any losses that were not attributable to any breach on your part;
business losses ( including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred ); or
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

Likewise, COOLABALI also limits its responsibility in terms of the following cases:

COOLABALI applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
COOLABALI will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, roadblocks, and in general any other specific to the sector, that lead to delays, losses or theft of the product.
Technical failures that, due to fortuitous or other causes, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. Green Umbrella puts all the means at its disposal in order to carry out the process of buying, paying and shipping / delivering the products, however, he is exempt from responsibility for causes that are not attributable to him, fortuitous event or force majeure.
COOLABALI will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Green Umbrella will also not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Green Umbrella will not be responsible for any breach or delay in fulfilling any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, that are due to force majeure, and this may include, by way of example but not exhaustive:
- Strikes, lockouts or other protest measures.
- Civilian commotion, revolt, invasion, threat or terrorist attack, war ( declared or not ) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Green Umbrella will have an extension in the term to fulfill them for a period of time equal to that of the cause of force majeure. COOLABALI will use all reasonable means to find a solution that will enable it to fulfill its obligations despite the cause of force majeure.

10. COMMUNICATIONS FOR WRITTEN AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with COOLABALI are electronic ( email or notices published on the Website ).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Green Umbrella sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with COOLABALI through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, COOLABALI may contact and / or notify the User in his email or in the postal address provided.

11. WAIVER

No waiver by COOLABALI of a specific right or legal action or the lack of requirement by COOLABALI of the strict compliance by the User of any of his obligations will imply, neither a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User from fulfilling their obligations.

No waiver by COOLABALI to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

12. NULITY

If any of these Conditions are declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document expressly referred to in these constitute the entire agreement between the User and COOLABALI in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.

The User and COOLABALI acknowledge having consented to the conclusion of a contract without having trusted any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to COOLABALI in the course of a transaction on the Website, They will be treated in accordance with the provisions of the Privacy Policy or data protection ( contained, where appropriate, in the Legal Notice and General Conditions of Use ). By accessing, browsing and / or using the Website, the User consents to the treatment of said information and data and declares that all the information or data they provide are true.

15. APPLICABLE LEGISLATION AND JURISDICTION

The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or to the interpretation and execution of these Conditions, or with the sales contracts between Green Umbrella and the User, it will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send COOLABALI their complaints, claims or any other comments that you wish to make through the contact details provided at the beginning of these Conditions ( General Information ).

In addition, COOLABALI has official complaint sheets available to consumers and users, and which they can request from Green Umbrella at any time, using the contact details provided at the beginning of these Conditions ( General Information ).

Likewise, if a controversy arises from the conclusion of this purchase contract between COOLABALI and the User, the User as a consumer can request an extrajudicial settlement of disputes, in accordance with Regulation ( EU ) 524/2013 of the European Parliament and of the Council of May 21, 2013, on online consumer dispute resolution and amending Regulation ( CE ) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.