Terms & Conditions

PREAMBLE

This site is operated by Only & Company. Creative SL (herein referred to as Only&Co.), having its registered office at Carrer Barranc, 22, 3A, Cas Catalá, Calvia 07181, Illes Balears, España and registered with the register of commerce and companies of Spain under NIF B13748850.

The present general conditions of sale apply to all the orders placed with the Only & Co. company for the whole of the articles and services proposed by the www.onlyandco.com site by natural persons not business persons. Consequently, the fact for any person ordering a product offered on sale on the Internet site of Only & Co. implies full and complete acceptance of these general conditions of sale that the Customer recognises having been aware of before his order.

Only & Co. reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of Only & Co. are those accepted by the Customer at the time of placing the order.

ARTICLE 1 : INTEGRALITY

The present General Conditions define the entirety of the obligations of the various parties. In this sense, the Customer is considered to accept without reserve the entirety of the provisions envisaged under these general sales conditions. Only & Co. is for its part committed to respecting its role of retailer within the framework of the aforesaid conditions.

ARTICLE 2 : OBJECT

The present General Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services proposed by the Only & Co. company to the Customer, from the order to the delivery, including payment and the use of services made available by Only & Co..

ARTICLE 3 : FIELD OF APPLICATION

The present General Conditions govern the sale of the products on the day of the placing of the order by the customer. They apply to all modes of placing of orders proposed by Only & Co., whether the order is placed by Internet or in writing or telephone.

ARTICLE 4 : ORDER

CAPACITY TO ENTER INTO CONTRACT

Every Customer of the Only & Co. company declares that he has the capacity to enter into a contract on the conditions described hereafter, i.e. to be an emancipated minor or have reached legal majority and therefore not to be protected within the meaning of the Spanish Civil Code.

Only & Co. reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.

ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER

The present Conditions can be read directly on the www.onlyandco.com site. On simple request of the Customer, they can also be sent by electronic mail.

The act of the Customer's ticking the box "I accept the general sales conditions", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph "right of retraction". The Customer accepts by this act to having read and understood the present Conditions and to accept them.

The purchase by telephone, or in writing (electronic or otherwise) also implies the acceptance of these Conditions which he recognizes to have read beforehand, and to have understood and accepted the conditions mentioned above.

USER REGISTRATION

It is not necessary to register as a user on the website in order to purchase Only & Co. products online or offline. Purchases can be made without registration.

Registration as a user is free of charge and must be completed through the website itself. At the end of the registration process, the User will receive an e-mail at the e-mail address provided, confirming that the process has been completed correctly.

The User will be able to access the section for registered users with their User name and password (or by the means that Only&Co. provides in each case to identify and authenticate Users). The User can find relevant information on their profile, such as previous orders or the delivery address provided.

The User may unsubscribe at any time by sending an e-mail to the following address: unsubscribe@onlyandco.com

PLACING OF AN ORDER

The individual Customer can place his order at Only & Co. by Internet 24 hours a day, 7 days a week, or in writing or telephone during business hours.

The ordering process is composed of 6 successive stages. For online orders once product selection has been carried out, and the basket validated, or for bespoke or custom orders the Customer must:

- clearly identify the products selected with the options of colors, sizes, indicated on the www.onlyandco.com site or indicated in specifications approved by the customer;

- indicate the quantities requested;

- identify himself, either by entering his Customer number and password which are strictly personal to him, or by giving all the information usually requested for an inscription online;

- indicate clearly information necessary for the delivery. This relates in particular to the precise address of delivery, as well as possible restrictions of accessibility of the place of delivery (building, floor, door-codes, etc);

- indicate the selected mode of delivery;

- finally, indicate the selected mode of payment. (card, Paypal, Bank Transfer, Bank Deposit)

Once the mode of payment is selected, the Customer must proceed with payment of his order, which will formalize the sales contract with Only & Co. in a firm and final manner.

Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.

In every case, the supply online of the bankcard number and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the www.onlyandco.com site.

CONFIRMATION OF ORDER

An email is automatically sent to the customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to Only & Co.. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.

FOLLOWING OF THE ORDER

The Customer can at any moment check the status of his order by consulting the heading "My account" on the www.onlyandco.com site. This following of the order makes it possible for the Customer to know the stage of processing of his order, but also the stage of sending or delivery of his parcels. This last following of delivery is carried out with the deliverers' Internet interface. Only & Co. thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters. Only & Co. endeavours nevertheless to make this information as clear as possible and to make the transport as reliable as possible with its transporters. The Customer can at any moment contact the sales department of Only & Co. in order to be informed of the stage of his order.

PROOF OF THE ORDER

The computerised registrations, preserved in the information processing systems of Only & Co. company under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments that have taken place between the parties.

The filing of the purchase orders and the invoices is carried out on a reliable and durable support which can be produced as proof.

ARTICLE 5 : INFORMATION ON THE PRODUCTS

CHARACTERISTICS OF THE PRODUCTS

The information, characteristics, photographs and graphics presented on the sites or in the emails sent by us are given only on a purely indicative basis and for the major part are given by the suppliers. In particular, the difference in perception of the forms and the colours between the photographs or graphics presented and the products cannot engage the responsibility of Only & Co. Only & Co. will make its best efforts to ensure that the photographic representation of the products on the www.onlyandco.com site is as faithful as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products. Our products are handmade, therefore, all sizes, weights, capacities, dimensions, and measurements indicated on our website and brochure may vary

If we are supplying a bespoke or custom product to measurements you have given us, you are responsible for ensuring that these measurements are correct. For bespoke or custom products, whilst every effort is made to make your items to the exact measurements given; the make-up can vary.

We reserve the right to reject any upholstery materials supplied by you, if deemed to be unsuitable for production. It is your responsibility to provide the agreed quantity required. Any fabric supplied by you must meet any required regulations if applicable. You must provide It is your responsibility to ensure the fabric is suitable for the use for which it is intended. All our furniture is handmade, the handling of upholstery materials is unavoidable and therefore we cannot accept any responsibility or liability for the condition of these materials when used during manufacture.

Only & Co. will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the products. Only & Co. cannot be held responsible for any losses of data, files or of the damage defined in the preceding paragraph.

AVAILABILITY OF THE PRODUCTS

Only & Co. is committed to delivering the orders received only within the limit of the stocks of the product available or within the limit of the stocks available from its suppliers. In the absence of availability of a product or products, Only & Co. is committed to informing the Customer as quickly as possible and reserves the right to cancel the order. Only & Co. reserves the right to modify the selection of products according in particular to the constraints imposed by its suppliers. Availability can vary during the same day according to the level of sales. Only & Co. carries out very frequent updates of availability, but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the Customer by telephone and email.

The unavailability of a product is mentioned on the product page concerned or in the shopping basket summary. Thus, Products may appear with the mention of delivery times, such as "in stock" or "immediate", "4 to 8 days", "1 to 2 week", "4 to 6 weeks", "Product not available" etc.

Delivery times indicated in the product page details are estimated times when the product(s) are not available in Only & Co. stocks. They may thus be susceptible to variations for which the Customer will be informed by Only & Co. in his order confirmation in the event of a minor delay or by email in the case of a more prolonged delay.

If Only & Co. cannot obtain an ordered product from its suppliers, the company will notify the customer of the expected delay by email. The Customer in turn can either ask for the cancellation of the order with a refund of payment within 14 days, or the exchange of the product not available for another product. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability.

Only & Co. cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding and fires.

ARTICLE 6 : PRICES

Prices are indicated in Euros and applicable taxes will be shown as required by territory of sale, and are applicable only on the date of the confirmation of order sent by the Customer. On an indicative basis, the prices on the site may also appear in other currencies, but the price to be paid is in Euros and is systematically indicated in a clear way before the confirmation of the order.

Since the prices charged by Only & Co.'s suppliers are in constant evolution, the prices posted on the site are also likely to be modified constantly.

The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.

The prices take into account the Spanish VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.onlyandco.com site.

Orders for delivery to countries outside the European Union are not subject to Spanish VAT. The prices indicated on the website for such orders are free of tax and therefore do not take into account VAT. Nevertheless, these orders are subject to possible taxes and customs fees in the destination country.

The customer is also responsible for verifying the possibilities of importing ordered items with respect to the governing laws of the destination country.

We recommend the customer contact their local customs authorities for further information about taxes, duties, charges and laws in respect of imports.

ARTICLE 7 : PAYMENT

WHEN AND HOW TO PAY

The Customer can pay his order online by bank card or Paypal, or offline by bank transfer or bank deposit. The transactions will be performed in Euros to our account at Santander with number ES62 0049 7664 7926 1001 1007. The Customer guarantees the Only & Co. company that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time of the processing of the order.

All Invoices must be paid in full, prior to delivery of the products unless otherwise communicated to the customer in writing.

Only & Co. uses all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the site uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of your banking coordinates during their transmission on the Internet. You can see that the transmission is encrypted by software from the padlock symbol which appears in your navigator. The transaction is carried out via the Spanish bank, Santander, which alone receives the banking information provided on the site at the time of the payment.

Only & Co. company reserves the right to suspend the processing and delivery in the case of a payment authorisation by bank card being refused by officially accredited organisations or in the case of non-payment. Only & Co. company notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in full, or the total a previous order, or who owes any outstanding amount or with whom a dispute over payment has still not been settled.

If an outstanding amount has not been received within 7 days after the date of invoice, we will apply interest at the central bank lending rate plus 3%. For an amount overdue more than 15 days we will apply interest at the central bank lending rate plus 20%.

Within the framework of a procedure for checking orders intended to make sure that no one uses the banking coordinates of another person without his or her knowledge, the Customer may be requested to send proof of identity or proof of residence by fax or email to Only & Co. company. The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 15 days following the placing of the order, the order will be considered to be automatically cancelled.

INVOICE

The purchase order which the Customer creates online or the confirmation of the order sent by email or in writing to the Customer by Only & Co. does not act as an invoice. The Customer has the original of the invoice in his online account. The invoice does not come with the parcel.

Only & Co. preserves an electronic example of each invoice.

In the case of a delivery to an address different from the billing address, the invoice for orders is only ever available in the Customer's online account.

TRANSFER OF PROPERTY

Only & Co. remains owner of the Products delivered until their acceptance and complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.

ARTICLE 8 : DELIVERY

DELIVERY ZONES

The geographical area of delivery for items from Only & Co. is as follows:

- Spain

- Europe

- Rest of the world: The Customer can contact the Only & Co. customer services to have more information on delivery conditions to a specific country in the world.

DELIVERY SERVICES

Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to Only & Co.. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the re-forwarding of an order will be entirely the responsibility of the Customer.

Only & Co. cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in particular in the event of a partial or all-out strike in particular of the mail services, transport and communications).

If you wish to collect the products from our premises, you can collect them from us at any time during our working hours (excluding public holidays).

DISPATCHING TIMES

Orders placed online via the www.onlyandco.com site are dealt with during business hours. Only & Co. does its utmost to treat and dispatch any order received within the communicated timeframe, nevertheless the preparation and processing time of an order may be lengthened according to articles. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below.

Only & Co. informs its Customers that these delivery times are only during business hours.

In the case of an order which may comprise one or more Products not immediately available and one or more Products immediately available, Only & Co. will dispatch the order as of reception of the whole of the products which comprise the order. If the Customer wishes to receive the products immediately available more quickly, he is advised to isolate these articles in a separate order.

An email is automatically sent to the Customer at the time of dispatch of the Products subject to the email address indicated in the inscription form not containing an error.

TRANSPORT TIMES

Transport times depend on the transporter chosen by the Customer and the place of delivery.

Only & Co. informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Transport charges are given as an indication (for Spain) at the moment of going to the shopping basket and are confirmed definitively according to the means of transport and the destination of delivery chosen, before the final confirmation of the order.

Only & Co. informs its Customers that these delivery times are only during business hours.

LEAD TIMES

If products are in stock in our warehouse the lead time can be up to 14 days. For Bespoke or Custom products the lead time can vary considerably depending on items, quantities and complexity of manufacture, therefore we will communicate the lead time on a case-by-case basis.

therefore we will Delivery times may be considered to be the following:

- If the products are available, the delivery period is equal to the dispatching time (dispatching times paragraph) plus transport time (transport times paragraph).

- If the products are not immediately available, then delivery time equals dispatching time plus transport time plus times of delivery by Only & Co.'s suppliers.

If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to Only & Co.. In this case, an option for the cancellation of the order, with a refund or a credit, will be also made to the Customer.

DELIVERY METHODS IN SPAIN

We sell the products Ex-Works. If you would like us to take care of the delivery we can over transport, insurance and special packing on request.

We grant a 5-calendar day free of charge storage period in our warehouse between the date of completion and collection/delivery of goods. After this period, we will move the goods to a secure storage area/facility for safekeeping. This storage will be charged at the rates received from our logistics partner at that time (secured for a period of 30 days; may vary for the following period) including insurance (full cover) plus admin fees of USD $30 per item and a one-time goods handling (in & one movement) charge of USD $100. If you need storage of goods before delivery to site, the same rates will apply. If the customer or their representative is unable to accept on-site or at the storage facility, it will be assumed that the goods are accepted unseen and moved to stock.

Delivery will be deemed to have been effected when the Goods are delivered to your premises or such other location as set out in the order or as agreed with you before delivery, or if you are due to collect the Goods, then when the Goods are collected from our premises or other agreed collection point.

It is your responsibility to ensure items purchased can fit through internal and external access points including and passages, stairwells, landings, and doorways on the way to the destination room. We hold no responsibility for items not fitting in the premises and any rework or restocking fees will be payable by you prior to final delivery.

If requested and confirmed in advance, our delivery team will unpack your furniture, install it in the room of your choice and if you wish we will remove all packing materials from your home and recycle wherever possible. We are not able to take away your old furniture.

METHODS OF DELIVERY OUTSIDE OF SPAIN

In Europe and abroad, delivery is carried out via various transporter companies. The charges involved depend on the country of destination, and the total weight and volume of the selected articles. The charges and delivery times are indicated to the Customer before the final validation of his order.

PACKAGING

The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.

RESPONSIBILITY OF THE CUSTOMER TO CHECK PARCELS UPON RECEPTION

Only & Co. reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as Only & Co. of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery.) within two working days. Upon delivery you must sign the delivery note, and check the items to ensure the goods are delivered as ordered, the correct quantity and are of satisfactory quality. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by Only & Co.

DELAYS IN DELIVERY RELATED TO THE TRANSPORTER

In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter, or its distribution office in the case of the Spanish post office, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact Only & Co. Customer Services by telephone or email in order to create a file of contention or start an investigation to carry out a search for the parcel.

It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss in the 10 days following the reception of the dispatch notice sent by Only & Co. Under these conditions, Only & Co. accepts the responsibility of contacting the transporter concerned.

If the parcel is found, it will be sent immediately to the residence of the Customer. In the event that the parcel is not found, the Customer will be able to ask that the same product be sent again (subject to availability), at Only & Co.'s expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, Only & Co. will refund the amount paid for the products concerned lost by the transporter.

DELAYS IN DELIVERY RELATED TO THE CUSTOMER

If we are unable, for whatever reason, to deliver the goods on the confirmed delivery date, we reserve the right to charge you further for any subsequent deliveries. We may also charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.

If you fail to take delivery of the Goods when the Goods are ready for delivery or collection for any reason, we will be entitled to charge you a reasonable additional charge, including for storage, insurance, and redelivery.

If, despite our reasonable efforts, 10 business days after the day on which we notified you that the Goods were ready for delivery and you have not taken delivery of them, we may (without prejudice to our rights against you) resell or otherwise dispose of part of all of the Goods.

If delivery charges are not included in the advance deposit invoice, they will then be added to your final balance invoice. This will be calculated based on confirmed order, location and type of vehicle required.

DAMAGED PARCELS

The Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify Only & Co. by email so that Only & Co. can take the necessary measures as quickly as possible.

ARTICLE 9 : RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE

LEGAL WITHDRAWAL PERIOD

If the customer is operating as a consumer and user (in accordance with the definition set out in article 3 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for Consumers’ and Users’ Defence), they will have the right to withdraw from the purchase contract within a period of 14 calendar days without the need for justification by notifying Only & Co. of their intention to return the said Item. If the Items may be the subject of the legal right of withdrawal, Customers exercising their right of withdrawal under the conditions provided for in this article in terms of deadlines and methods of return of the Items, may obtain a refund of the returned Items. Form available below.

For returns requested after 14 days, if accepted, will be subjected to a restocking fee of 50% of the invoiced value plus associated packing and transport costs.

Should you return a product and, upon examination, we find that there is a discrepancy in the reason for the return of the product, then we shall reserve the right to refuse the credit.

If a fault is discovered after you have exported the products outside of where it was purchased, it is your responsibility to return the goods to us at your own cost for inspection. If you then wish for a replacement product to be exported, it will be your responsibility to do so at your own cost and risk. For export orders, it is therefore recommended that inspection takes place at origin prior to shipment.

The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless otherwise specified by the Client who would request a credit, valid for six (6) months from its issue. The refund will be made as soon as possible and, at the latest, within 14 days following the effective exercise of the right of withdrawal by the Customer. This period may however be extended by Only & Co. until Only & Co. receives the goods returned by the Customer to the address indicated on the return receipt, or until Only & Co. receives proof of shipment of the Items by the Customer. If the fourteen (14) day period expires on a Saturday, Sunday, holiday or non-working day, it is extended until the next business day.

In accordance with the Consumer Code, the right is exercised by the return of the Article, only shipping costs remain the responsibility of the Customer.

Customers can benefit from a return certificate in accordance with Article 15 hereof, and (2) in case of non-compliance of the delivered Items with the Order (in this case, the return costs will be borne by Only & Co.).

The right of withdrawal is exercised under the same conditions, as of the Order and before Delivery.

ITEMS EXCLUDED FROM THE STATUTORY WITHDRAWAL PERIOD

In accordance with the Consumer Code, for the Ordering of Items which, because of their nature, cannot be reshipped or are likely to deteriorate or expire quickly, the Customer has no right of withdrawal to return the Order. This includes goods whose original packaging has been unsealed by the Customer after Delivery, as these cannot be returned for reasons of hygiene and health. Any goods that have been altered by a third party cannot be returned or refunded. The customer shall have no right of withdrawal in the event that a bespoke or customised product has been purchased, or for services once these have been completed.

AGREED WITHDRAWAL PERIOD

In order to ensure the satisfaction of its Customers, Only & Co. accepts the return by post to the address indicated by the Customer Service or the delivery note of the relevant Article, for a period longer than the legal withdrawal period referred to above. As such, the Customer has fourteen (14) days from the date of receipt of the order to retract and return the Items. The return of Items beyond this period will not be accepted.

PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL

The Customer only needs to choose one of the following methods:

The return request can be made by:

connecting to the Only & Co. site, in the “Manage my Orders” section of My Account: just check the product and the quantities you wish to return, fill in the reason for the return and confirm by clicking on “Validate your return request”.
contacting the customer service, via the contact form, e-mail or phone, which will indicate to the Customer the procedures to follow. In particular, the Customer may use the withdrawal form below.

Model of withdrawal form (please complete and return the form and your order number only if you wish to withdraw from the contract.m We also advise you to specify your purchase order number)

To Only & Co. - Customer Service - Carrer Barranc, 22, 3A, Cas Catalá, Calvia 07181, Iles Balears, España

Email: support@onlyandco.com

I hereby notify you of my withdrawal from the contract for the sale of the Item below:

Ordered on [……………………………….] (*) received on [………………………….……….] (*)

Purchase Order number: […………………………………..……………………]

Name of the consumer(s): [………………………………………………………………]

Name of the consumer(s): […………………………………………………………………… ……………………………………………………………………………………………………………………………]

Signature of the consumer(s) (only in case of notification of this paper form) Date: [……………………………………]

Only & Co. suggests to Customers to return their products by registered mail or with a complementary insurance, guaranteeing them, if necessary, the compensation of the products to the level of their real market value in case of spoliation or loss of this commodity. In all cases, the return is made at the risk of the Customer. It will be up to the customer to keep any proof of return. The return costs are the responsibility of the customer, who is free to choose the shipping method.

Please contact us in order to obtain a return address of the Parcel.

If the Customer fails to meet the deadlines, Only & Co. will not refund the Customer.

Only Items returned in their original packaging in perfect condition for resale will be accepted. As a result, returned clothes washed and/or worn, as well as damaged boxes will be refused.

Retraction can never be exercised if the items delivered are items that have been, even partially, washed, soiled, damaged or used. Similarly, the Items returned incomplete, damaged or soiled by the Customer will not be returned nor exchanged.

The Items must also be provided with the purchase order, either on the return voucher, attached to the delivered Items signed by the Customer, or on any other document. The Customer is informed that the use of the return voucher facilitates the return procedure by Only & Co. The Customer is therefore strongly encouraged to use this return voucher.

The Customer’s liability may only be incurred in the event of depreciation of the Item resulting from manipulations other than those necessary to establish the nature, characteristics and, as the case may be, the proper functioning of the Items.

Refund in case of use of the right of withdrawal will be made by the same means of payment as used by the Customer for the initial transaction, unless otherwise specified by the Customer.

ARTICLE 10 : GUARANTEES, MEDIATION, CLAIMS

GUARANTEES

If the customer is operating as a consumer and user, all our products are guaranteed nationally against manufacturing defects for 3 years, except for products that indicate otherwise.

The warranty does not apply in the following cases:

a) Transport, accidents, improper use and other damage due to abnormal use of the product by the customer after delivery of the goods. This warranty only covers transport damage caused before receipt.
b) Transport of the product without the original packaging
c) Burns, cuts, scratches, scuffs, creases, marks, scratches or other damage caused by animals or improper use of the product
d) Use or contact with chemical products (acids, solvents, dyes, paint, ammonia, lacquers or other hair products) or treatment with cleaning products not indicated for the specific upholstery of the guaranteed product
e) Deterioration in colour due to exposure of the product to sunlight or other heat sources
f) Shrinkage, expansion, cracking, warping or twisting in any solid timber products or parts thereof
g) Indirect losses and damages of any kind
h) Personal and/or material damage, caused due to the user's non-compliance with the rules and instructions provided for the installation, use and maintenance of the product.

We will only replace like for like, therefore you cannot change any of the sizes, fillings, or fabrics.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match the information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed.

If we are providing services on your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

We will not under any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, pure economic loss, loss of market, loss of business, depletion of goodwill and similar loss, costs, damages, charges or expenses caused or the consequences of delay of delivery or collection, however caused.

We will have no liability to you for any loss or damage suffered due to products and its quality from third party companies. Any disputes, claims or complaints must be directed to the third-party company directly.

Pursuant to the law, the provisions hereof cannot deprive Customers of the legal guarantee which obliges the professional salesman to guarantee them against all the consequences of latent defects of the sold article. Customers are expressly informed that the company Only & Co. is not the manufacturer of the products presented on the website www.only&co.com, within the meaning of the Law relating to the responsibility of the defective products. Consequently, in case of damage caused to a person or a good by a defective product, only the responsibility of the manufacturer can be sought by the Customer, on the basis of the information indicated on the packaging of the said product. In addition, the Company reminds that the products, services and information offered by Only & Co. do not replace, in any way, constant monitoring by adults. Only & Co. cannot be held liable for non-compliance with the legislation of the country where the products are delivered. It is up to the Customer to verify with the local authorities the possibilities of importing or using the products or services that you intend to order.

CLAIM/MEDIATION

All claims should be sent beforehand by mail under the heading “Customer Service”. Contact address: support@onlyandco.com

If applicable, the refund will be made within 14 days of receipt of the Article by Only & Co., depending on the payment method chosen during the Order, either on the credit card used for payment, or on the Customer’s PayPal account, or by bank transfer. These provisions are not exclusive of the aforementioned right of withdrawal.

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the User has the right to request out-of-court resolution of consumer disputes through this link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

ARTICLE 11 : RESPONSIBILITY

The products on offer confirm to Spanish legislation in force and applicable to norms in Spain.

Only & Co. cannot be held responsible in the event of non-observance of legislation in the country where the product is delivered. It is up to the Customer to check with the local authorities on the possibility of importing or using the products which he wishes to order. Only & Co. cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties.

Hypertext links may send out to other sites than that of the www.onlyandco.com site. Only & Co. refuses any and all responsibility if the contents of these sites contravene any laws or rules in force.

ARTICLE 12 : FORCE MAJEURE

Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.

Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.

The party affected by such circumstances will warn the other party within ten working days from the date on which the first party will have learnt of it.

The two parties will communicate with each other within a month, except if this is impossible due to force majeure, to examine the situation and reach agreement on the conditions under which the execution of the contract will be continued.

If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.

Force majeure, as well as what is defined by the tribunals of the Spanish courts, will be considered to include the following:

- all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, - breakdown of telecommunications or network works not under control of the Customer.

ARTICLE 13 : PERSONAL DATA

In compliance with the provisions set out in Organic Law 3/2018 dated 5 December and EU Regulation 2016/679 of the European Parliament and of the Council dated 27 April 2016 on the protection of individuals with regard to processing personal data and on the free movement of such data, and given the current regulations applicable at all times, we hereby inform you that any personal data collected through this document will be processed by Only&Co. in order to comply with the existing trade relationship between you and our company.

Personal data may be disclosed to third parties only when this is required in order to carry out, fulfil and control the trade relationship, and/or it is limited to the aforementioned purposes, in accordance with the current applicable regulations.

We hereby inform you that you may exercise your rights of access, rectification, cancellation, opposition, limitation in processing and portability at any time at the registered office of the trader as indicated above or by sending an e-mail to the following address privacy@onlyandco.com.

You can find more detailed information about the processing of your personal data by accessing the Only&Co. website Privacy Policy available at this link: https://onlyandco.com/policies/privacy-policy

Visitors or Customers of the www.onlyandco.com site have a constant right of access, modification, correction and suppression of the data which relate to them. At the time of customer inscription or ordering, or within the framework of other specific operations, Only & Co. invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.

Only & Co. is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.

Only & Co. may also invite its Visitors or Customers to receive promotional offers from its partners. For commercial purposes, Only & Co. can also share with its trade partners the identity and the coordinates of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. The Users and Customers can modify their choices on the Only & Co. site at any time.

Only & Co. uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular in reference to his orders in course.

ARTICLE 14 : INTELLECTUAL PROPERTY

The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason and conforming with the provisions of the Spanish Code of Intellectual Property, only private use is authorised, subject to different provisions which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by Only & Co.. Any total or partial reproduction of the Only & Co. company catalogue is strictly prohibited.

The sale of our products to you does not confer any right of licence upon you to use, exploit, or to otherwise utilise any intellectual property right subsisting in or relating to the goods of which we are otherwise entitled to. The unauthorised copying of any of our designs, which may be protected by design copyright, may give rise to legal action.

Any person having an Internet site wishing to place on his site a simple link directly to the www.onlyandco.com site must request authorization from Only & Co.. An authorization given by Only & Co. will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from Only & Co., this link will have to be removed.

ARTICLE 15 : ENTIRETY OF CONDITIONS

A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.

If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in Spain.

Relations between Only & Co. company and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.onlyandco.com site.

ARTICLE 16 : DURATION AND APPLICATION

The present Conditions apply throughout the time of all online services offered by Only & Co. company. They can be modified at any time by Only & Co.. The Conditions applicable are those in force on the date of the registration of the order.

ARTICLE 17 : TERRITORIALITY AND APPLICATION LAW

These GENERAL TERMS AND CONDITIONS OF SALE shall be governed or interpreted, in all matters not expressly provided for herein, in accordance with Spanish legislation, and in particular under Law 34/2002 on Information Society Services and Electronic Commerce. The language for the conclusion of the contract shall be Spanish.

The sale of products of Only & Co. company are subject to Spanish law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between Only & Co. and the Customer, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of the tribunals of Spain.